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P.L. 110-34, The Preserving United States Attorney Independence Act of 2007

  • This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Version saved on June 15, 2007, 18:19:59, by webmaster:

S. 214 would amend chapter 35 of title 28, United States Code, to preserve the independence of United States attorneys.

Detailed Summary

<b>(This measure has not been amended since it was reported to the Senate on February 12, 2007. The summary of that version is repeated here.)</b>

Preserving United States Attorney Independence Act of 2007 - Amends the federal judicial code to: (1) allow a person appointed as U.S. attorney to serve until the qualification of a U.S. attorney for such district appointed by the President, or the expiration of 120 days after appointment by the Attorney General, whichever is earlier; and (2) provide that, if an appointment so expires, the district court for such district may appoint a U.S. attorney to serve until the vacancy is filled.

Applies this Act to any person serving as a U.S. attorney on the day before the enactment of this Act who was appointed by the Attorney General under current law.

Status of the Legislation

Latest Major Action: 6/14/2007: Signed by President.

Points in Favor

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Points Against

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Visitor Comments Comments Feed for This Bill

citizenbfk

March 19, 2007, 12:36am (report abuse)

There's a missing part of the story about this bill.
It says it wants to change chapter 35 of article 28 USC but I understood the currrent ability of the White House to avoid Senate confirmations for US attorneys was due to a provision in the Patriot Act?

I'm trying to find out the words, the exact words put into the Patriot Act that now allows the appointment of US Attorneys without the need for Senate confirmation.

Also,who wrote these words? Who put this provision into the Patriot Act?

Judy

March 19, 2007, 9:47am (report abuse)

The language that this legislation seeks to amend is found in § 502 of Pub. L. 109-177 which amended § 546 of Title 28 by removing subsections (c) and (d) and inserting the following language "c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under §541 of this title."

This bill seeks to amend the above language out of the U.S. Code and reinstate the law as it was before § 502.

Judy

March 19, 2007, 10:16am (report abuse)

§ 502 was placed in Pub. L. 109-177 by an individual on Sen. Specter's staff.

Laser

March 21, 2007, 3:00pm (report abuse)

As the US Attorney is one of "the" positions of highest authority for the "ultimate" law enforcement endeavors, one "should" be required to demonstrate abilities to hold such esteemed office with character traits and value systems also above question.

The separation of powers is already in question when the president can appoint a confidant as AG.

We, as a People, are in dire need of integrity!

As a human, my soul aches for the day we see personnel of high moral fiber!

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