|
From: Sampson, Kyle Sent: Monday, December 18,2006 1:04 PM To: Russell, Bob (Pryor) Subject: U.S. Attorney appointment
Bob, it turns out there are many ways that a person may become U.S. Attorney:
1. 28 U.S.C. 9 541(a) ("The president shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.");
2. 5 U.S.C. 9 3345(a)(I) (providing in the event of a vacancy that "the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity");
3. 5 U.S.C. 9 3345(a)(2) (providing in the event of a vacancy that 'the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity");
4. 5 U.S.C. 9 3345(a)(3) (providing in the event of a vacancy that "the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity," so long as such person has 'served in a position in such agency for not less than 90 days" at a rate "equal to or greater than the minimum rate of pay payable for a position at GS-15 of the General Schedule");
5. 28 U.S.C. 9 546(a) (providing that "the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacantn);.and
6. U.S. Const., art. II, 9 2 (providing that the "President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session").
Of course, as the AG mentioned to the Senator, it remains our hope that the President will nominate Tim Griffin and the Senate will confirm him. Please let me know if there is any additional information we can provide you. Thanks!
Kyle Sampson Chief of Staff U.S. Department of Justice
|