Power to Remove Court-Appointed U.S. Attorneys

November 26, 1979 79-83 MEMORANDUM OPINION FOR THE ACTING DIRECTOR, EXECUTIVE OFFICE FOR U.S. ATTORNEYS U.S. Attorneys—Removal of Court-Appointed U.S. Attorney (28 U.S.C . §§ 541, 546) This responds to your request concerning whether the power to remove a U.S. Attorney appointed by a district court pursuant to

28 U.S.C. § 546

is vested in the President, the Attorney General, or the appointing court.1 To our knowledge, the question is one of first impression. Pursuant to 28 U.S.C. § 541(a), the President appoints U.S. Attorneys by and with the advice and consent of the Senate. Subsection (c) of…