Reading Room Document
The Power of the President to Remove United States Attorneys
The document discusses the power of the President to remove United States attorneys, citing the relevant laws and court cases. It concludes that the President has unlimited power to remove such officers, as stated in 28 U.S.C. 541, and this power has been consistently recognized since 1831. The document also raises questions about the process of removing an incumbent officer and the effect of appointing a successor, as well as the removal process in the case of a recess appointment.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit