Introduction

The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates.

The statutory duty to prosecute for all offenses against the United States (28 U.S.C. § 547) carries with it the authority necessary to perform this duty. The USA is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority.

The authority, discretionary power, and responsibilities of the United States Attorney with relation to criminal matters encompass without limitation by enumeration the following:

Investigating suspected or alleged offenses against the United States, see

JM 9-2.010

;

Causing investigations to be conducted by the appropriate federal law enforcement agencies, see

JM 9-2.010

;

Declining prosecution, see

JM 9-2.020

;

Authorizing prosecution, see

JM 9-2.030

;

Determining the manner of prosecuting and deciding trial related questions;

Recommending whether to appeal or not to appeal from an adverse ruling or decision, see

JM 9-2.170

;

Dismissing prosecutions, see

JM 9-2.050

; and

Handling civil matters related thereto which are under the supervision of the Criminal Division