28 U.S.C. § 542
Section 542 · Assistant United States attorneys
Amended 1 time on record
Applied in 41 court decisions — leading case Windsor v. The Tennessean (1983)
Most recently applied in Armani Cummings, Petitioner v. Warden, Federal Correctional Institution, Berlin, Defendant (March 2024)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.
(b) Each assistant United States attorney is subject to removal by the Attorney General.
Editorial notes U.S. Code · Office of the Law Revision Counsel
In subsection (b), the word “is” is substituted for “shall be”.
1948 Act
Prior section 502.—Based on title 28, U.S.C., 1940 ed., §§483, 594 (May 28, 1896, ch. 252, §8, 29 Stat. 181; July 19, 1919, ch. 24, §1, 41 Stat. 209; Mar. 4, 1923, ch. 295, 42 Stat. 1560; June 25, 1936, ch. 804, 49 Stat. 1921).
Section consolidates sections 483 and 594 of title 28, U.S.C., 1940 ed., relating to appointment of assistant United States attorneys.
Words “United States attorneys” were substituted for “district attorneys.” (See reviser's note under section 501 [now 541] of this title.)
The exception of Alaska from the operation of such section 483 was omitted as covered by section 109 of title 48, U.S.C., 1940 ed., Territories and Insular Possessions, authorizing appointment of assistant United States attorneys in Alaska.
Reference in such section 483 to “District of Columbia” was omitted. (See reviser's note under section 501 [now 541] of this title.)
The provisions of sections 483 and 594 of title 28, U.S.C., 1940 ed., requiring the judges and United States attorneys to certify or evidence in writing the necessity for assistant United States attorneys in their respective districts, and specifying that such opinion of the judge shall state to the Attorney General the facts as distinguished from conclusions, showing the necessity therefor, were omitted. The Attorney General, as chief law enforcement officer, is in a better position to determine such necessity.
The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title.
Changes were made in phraseology.
Prior Provisions
A prior section 542, act June 25, 1948, ch. 646, 62 Stat. 911, related to appointment and tenure of deputies and assistants for United States marshals, prior to repeal by Pub. L. 89–554, §8(a), and reenactment in section 562 of this title by section 4(c) of Pub. L. 89–554.