
Extracted Text
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page13 of 26
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.” Again, the
scope of the duties of a U.S. Attorney is cabined to their specific district
unless otherwise directed.'®
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
7 28 U.S.C. § 547.
'8 This does not suggest that there are no instances in whicha 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.
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