Also known as: United States Attorneys · U.S. Attorney · U.S. Attorneys · federal prosecutor
Written by attorneys · grounded in primary & secondary sources — see below
A lawyer appointed by the President to represent the federal government in civil and criminal cases in a federal judicial district under the direction of the Attorney General.
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Unity Underhill faces indictment in the District of State A for misusing federal funds. After arrest in the District of State B she files a written statement seeking to plead guilty and waiving trial in State A. The United States attorneys for both districts review the request and each provides written approval. The clerk in State A then forwards the file to State B so the plea and sentence can proceed there.
Ulric Unger serves as a United States attorney in a federal district. The President decides to remove him from office before the end of his four-year term. Ulric challenges the removal in court claiming it violates separation-of-powers principles. The court upholds the removal because the President possesses constitutional authority to remove executive officers such as United States attorneys.
Ulysses Usher is arrested by federal agents on drug charges and taken to a station for questioning. An Assistant United States Attorney arrives and participates in the interview. The prosecutor ensures that Miranda warnings are given before any interrogation begins. Ulysses later moves to suppress his statements claiming the warnings were inadequate.
Umar Usmani a reporter receives a grand jury subpoena from a United States attorney investigating a financial fraud. The reporter refuses to identify a confidential source. The United States attorney moves to compel testimony arguing that no First Amendment privilege protects the source. The court orders the reporter to testify before the grand jury.
Umar Underwood pleads guilty to fraud after an Assistant United States Attorney promises a specific sentencing recommendation. At sentencing a different prosecutor from the same office recommends a harsher sentence. Umar moves to withdraw the plea citing the broken promise. The court finds the United States attorney office bound by the original agreement.
Usman Uddin is appointed by a judicial panel as special counsel with narrow authority to investigate one federal employee. The United States attorney for the district objects that the appointment violates the Appointments Clause. The court upholds the appointment because the limited scope makes the position an inferior office that Congress may vest in the judiciary.
Transfer requires written approval from the United States attorneys in both the sending and receiving districts. The defendant must also provide a written statement of intent to plead guilty and consent to disposition in the transferee district. Without both approvals the court lacks authority to order the transfer even if the defendant consents.
A United States attorney must ensure that charges are supported by probable cause. Filing charges without probable cause violates professional conduct rules and subjects the prosecutor to discipline. Knowledge of exculpatory evidence that negates probable cause requires the prosecutor to refrain from bringing the case.
…by Marquis of Queensbury rules while permitting the other to butt, gouge and bite." N. Y. Times, May 14, 1965, p. 39. The former United States Attorney for the District of Columbia, David C. Acheson, who is presently Special Assistant to the Secretary of the Treasury (for Enforcement), and directly in charge of the Secret Service and the…
…id. , 137-224; of the federal court decisions, id. , 224-230; of the state attorneys
…on August 10, 1970, and then were expressed in Department of Justice Memo. No. 692 (Sept. 2, 1970), which was sent to all United States Attorneys by the Assistant Attorney
…Executive Branch officials, including the Comptroller of the United
…368 U. S. 487, the defendant alleged that when he threatened to tell his lawyer of private promises made by an Assistant United States Attorney
A United States attorney has an ethical duty to disclose timely all evidence known to the prosecutor that tends to negate the guilt of the accused. This obligation applies whether or not the defense requests the information and whether or not the evidence is admissible. The duty arises once the prosecutor learns of the information.
The officer must serve an answer within 60 days after service on the United States attorney. This extended period applies when the officer is sued only in an official capacity. Service on the United States attorney triggers the 60-day clock.
A United States attorney may disclose grand jury materials to a person expressly authorized by the Attorney General under 18 U.S.C. § 3322 for financial institution investigations. The authorization must be in writing and limited to the specified investigation. Disclosure outside these statutory categories is prohibited.