28 U.S.C. § 542

Assistant United States attorneys

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 28 CasesGoogle Scholar

(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.(b) Each assistant United States attorney is subject to removal by the Attorney General.(Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 618.)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	28 U.S.C. 502.	[None].
(b)	28 U.S.C. 504(b) (2d sentence, as applicable to assistant United States attorneys).	[None].

In subsection (b), the word “is” is substituted for “shall be”.

1948 Act

Prior section 502.—Based on title 28, U.S.C., 1940 ed., §§ 483, 594 (May 28, 1896, ch. 252, § 8, 29 Stat. 181; July 19, 1919, ch. 24, § 1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560; June 25, 1936, ch. 804, 49 Stat. 1921).

Section consolidates sections 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys.

Words “United States attorneys” were substituted for “district attorneys.” (See reviser’s note under section 501 [now 541] of this title.)

The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizing appointment of assistant United States attorneys in Alaska.

Reference in such section 483 to “District of Columbia” was omitted. (See reviser’s note under section 501 [now 541] of this title.)

The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the necessity for assistant United States attorneys in their respective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the necessity therefor, were omitted. The Attorney General, as chief law enforcement officer, is in a better position to determine such necessity.

The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title.

Changes were made in phraseology.

Editorial NotesPrior Provisions

A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89–554.

Notes of Decisions

Cited in 41 cases (3 in the last 5 years), 1975–2025 · leading case: Richard L. Windsor v. The Tennessean, 719 F.2d 155 (6th Cir. 1984).

Sort: Relevance Newest Treatment

Richard L. Windsor v. The Tennessean, 719 F.2d 155 (6th Cir. 1984). · cites it 3× “28 U.S.C. § 542 (b). This prerogative has in turn been delegated to the Deputy Attorney General, 28 CFR § 0.”

Mitchell v. Merit Sys. Prot. Bd., 741 F.3d 81 (Fed. Cir. 2014). · cites it 6× “As authority for the appointment, the form invoked 28 U.S.C. § 542 , which authorizes Assistant United States Attorney appointments generally.”

In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018). · cites it 2× “Attorneys; (4) 28 U.S.C. § 542 , which authorizes the Attorney General to appoint Assistant U.”

White Mountain Health Ctr., Inc. v. Maricopa Cnty., 386 P.3d 416 (Ariz. Ct. App. 2016). “See 28 U.S.C. § 542 (“Each assistant United States attorney is subject to removal by the President.”

In Re: United States of Am., 397 F.3d 274 (5th Cir. 2005). “§§ 516-520 (vesting plenary power in the Attorney General of the United States to supervise and conduct all litigation to which the United States is a party); 28 U.S.C. §§ 542 , 547 (allowing delegation of responsibilities from the Attorney General and the United States Attorney…”

In Re Grand Jury Subpoena of Alphonse Persico, 522 F.2d 41 (2d Cir. 1975). · cites it 2× “He may appoint assistant United States Attorneys in any district in which they reside ( 28 U.S.C. §§ 542 , 545) or “appoint *55 special attorneys, regardless of their residence, to assist United States Attorneys when the public interest so requires.”

Wilkins v. AmeriCorp Inc. (In re Allegro Law LLC), 545 B.R. 675 (Bankr. M.D. Ala. 2016). “See 28 U.S.C. § 542 (“[A]n entity, other than a custodian, in possession, custody, or control, during the case, of property that the trustee may use, sell, or lease under section 863 of this title, or that the debtor may exempt under section 522 of this title, shall deliver to…”

Vargas v. United States, 114 Fed. Cl. 226 (Fed. Cl. 2014). “28 U.S.C. § 542 . To the extent that the U.”

McAfee v. United States, 46 Fed. Cl. 428 (Fed. Cl. 2000). · cites it 2× “See 28 U.S.C. §§ 542 and 547 (1994). The statutes clearly are not sources of either the AUSA’s or USA’s authority to contract with plaintiffs, but the statutes make it clear that the AUSA and USA are not the highest authority of their office.”

In Re Sealed Case (Three Cases), 838 F.2d 476 (D.C. Cir. 1988). “The President has the power to remove U.S.”

United States v. Malcolm Edward Bridwell, United States of Am. v. Gregory G. Schwab, United States of Am. v. Susan Anita Boyd, 583 F.2d 1135 (10th Cir. 1978). “28 U.S.C. § 542 (a). See also 28 U.S.C. § 543 (a).”

Richard L. Windsor v. The United States Dep't of Just. William Smith as Attorney Gen. & Agency Head William P. Tyson R. Joseph Sher, 740 F.2d 6 (6th Cir. 1984). “28 U.S.C. § 542 (b). This power is delegated to the Deputy Attorney General pursuant to 28 C.”

Show all 41 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.