DOJ-OGR-00021860.jpg
608 KB
Extraction Summary
2
People
5
Organizations
2
Locations
1
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
608 KB
Summary
This legal document argues that the duties of U.S. Attorneys are statutorily confined to their specific districts, a principle established since 1789. It contends that a Non-Prosecution Agreement (NPA) did not prevent the U.S. Attorney's Office for the Southern District of New York (USAO-SDNY) from prosecuting Maxwell. The document cites legal precedent ('Annabi') and statutory exceptions, such as the Attorney General's power to direct attorneys to act in other districts, to support its position.
People (2)
| Name | Role | Context |
|---|---|---|
| Maxwell |
Mentioned as the subject of prosecution by USAO-SDNY, which a Non-Prosecution Agreement (NPA) allegedly did not precl...
|
|
| Attorney General | Attorney General |
Mentioned as having the authority to direct a U.S. Attorney to participate in proceedings outside of their own district.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| U.S. Attorneys | government agency |
The document discusses the statutory duties and jurisdictional limits of U.S. Attorneys.
|
| United States | government |
Mentioned as the entity against which offenses are prosecuted and as a concerned party in civil actions.
|
| Government | government |
U.S. Attorneys prosecute or defend for the Government in civil actions.
|
| USAO-SDNY | government agency |
Identified as the prosecuting office for Maxwell, with the argument that the NPA did not preclude them from doing so....
|
| Department of Justice | government agency |
Mentioned in a footnote quoting a statute (28 U.S.C. § 515) regarding officers who can be directed by the Attorney Ge...
|
Locations (2)
| Location | Context |
|---|---|
|
Mentioned in the context of the jurisdictional limits of U.S. Attorneys.
|
|
|
Implicitly referenced by the acronym USAO-SDNY, the U.S. Attorney's Office for this district.
|
Relationships (2)
The document states that USAO-SDNY is prosecuting Maxwell.
The document notes that the Attorney General can direct U.S. Attorneys to act outside their districts.
Key Quotes (2)
"within [their] district, shall (1) prosecute for all offenses against the United States; (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned."Source
— Statute (28 U.S.C. § 547)
(Describing the statutory duties of U.S. Attorneys, which are generally limited to their specific districts.)
DOJ-OGR-00021860.jpg
Quote #1
"The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding . . . which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought."Source
— Statute (28 U.S.C. § 515)
(Quoted in a footnote to show an exception to the general rule that a U.S. Attorney's powers are limited to their district.)
DOJ-OGR-00021860.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,638 characters)
Case 2:21-cr-14286-Document 1097-1 10/20/17 Page 363 of 516
the actions and the duties of the U.S. Attorneys would be limited to their own districts, absent any express exceptions.
Since 1789, while the number of federal districts has grown significantly, the duties of a U.S. Attorney and their scope remain largely unchanged. By statute, U.S. Attorneys, “within [their] district, shall (1) prosecute for all offenses against the United States; (2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned.”¹⁷ Again, the scope of the duties of a U.S. Attorney is cabined to their specific district unless otherwise directed.¹⁸
In short, Annabi controls the result here. Nothing in the text of the NPA or its negotiation history suggests that the NPA precluded USAO-SDNY from prosecuting Maxwell for the charges in the
¹⁷ 28 U.S.C. § 547.
¹⁸ This does not suggest that there are no instances in which a U.S. Attorney’s powers do not extend beyond their districts. For instance, under 28 U.S.C. § 515 a U.S. Attorney can represent the Government or participate in proceedings in other districts, but only when specifically directed by the Attorney General:
The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding . . . which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought.
13
DOJ-OGR-00021860
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document