
Extracted Text
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page12 of 26
the United States Attorney(s) in each affected district and/or the
Assistant Attorney General of the Criminal Division.
Nothing before us indicates that USAO-SDNY had been notified or
had approved of Epstein’s NPA with USAO-SDFL and intended to be
bound by it. And the Assistant Attorney General for the Criminal
Division stated in an interview with the Office of Professional
Responsibility that she “played no role” in the NPA, either by
reviewing or approving the agreement.
The history of the Office of the United States Attorney is instructive
as to the scope of their actions and duties. The Judiciary Act of 1789
created the Office of the United States Attorney, along with the office
of the Attorney General. More specifically, the Judiciary Act provided
for the appointment, in each district, of a “person learned in the law to
act as attorney for the United States in such district, who shall be sworn
or affirmed to the faithful execution of his office, whose duty it shall
be to prosecute in such district all delinquents for crimes and offences,
cognizable under the authority of the United States, and all civil
actions in which the United States shall be concerned.” '° The Judiciary
Act thus emphasized that U.S. Attorneys would enforce the law of the
United States but did not determine that the actions of one U.S.
Attorney could bind other districts, let alone the entire nation. In fact,
the phrase “in such district,” repeated twice, implies that the scope of
5 United States Attorney’s Manual § 9-27.641 (2007).
‘6 An Act to Establish the Judicial Courts of the United States, ch. 20, § 35, 1 Stat. 73, 92-93
(1789) (emphasis added).
12
DOJ-OGR-00000013