2 U.S.C. § 288k — Attorney General relieved of responsibility

submitted 48 years ago by Pub. L. 95-521 to r/title-2-THE-CONGRESS · 144 words · no verdicts yet

in plain englishAI-generated · not legal advice

Once the Senate Legal Counsel tells the Attorney General, in writing, that the Counsel has taken on a case, the Attorney General must step back from that case. The Attorney General then has no authority to act in it except at the Senate's request or with its approval, and must hand over the related case materials to the Counsel — except that the Attorney General keeps the right to intervene or appear as amicus curiae under existing law. The Attorney General must also notify the Counsel as required under a separate federal notice law.

(a) Attorney General steps aside. Once the Attorney General gets written notice that the Counsel has taken on, under section 288c(a) of this title, representation of a specific party in a pending or planned legal action or proceeding, the Attorney General must: (1) be relieved of any responsibility for that representation; (2) have no authority to act in that case except at the Senate's request or with its approval; and (3) hand over to the Counsel all materials relevant to the representation the Counsel took on under section 288c(a) of this title — except that this does not limit any existing right the Attorney General has under other law to intervene or appear as amicus curiae in that case. (b) Notice requirement. The Attorney General must notify the Counsel as required by section 530D of title 28.

the actual law source: uscode.house.gov ↗public domain

(a)

Upon receipt of written notice that the Counsel has undertaken, pursuant to section 288c(a) of this title, to perform any representational service with respect to any designated party in any action or proceeding pending or to be instituted, the Attorney General shall—

(1)

be relieved of any responsibility with respect to such representational service;

(2)

have no authority to perform such service in such action or proceeding except at the request or with the approval of the Senate; and

(3)

transfer all materials relevant to the representation authorized under section 288c(a) of this title to the Counsel, except that nothing in this subsection shall limit any right of the Attorney General under existing law to intervene or appear as amicus curiae in such action or proceeding.

(b)

The Attorney General shall notify Counsel as required by section 530D of title 28.

Source credit: (Pub. L. 95–521, title VII, § 712, Oct. 26, 1978, 92 Stat. 1883; Pub. L. 107–273, div. A, title II, § 202(b)(2), Nov. 2, 2002, 116 Stat. 1774; Pub. L. 108–7, div. H, title I, § 110(b), Feb. 20, 2003, 117 Stat. 355.)

history & why it existsrecord from the source credit

1978Enacted · Pub. L. 95-521 · 92 Stat. 1883
2002Amended · Pub. L. 107-273 · 116 Stat. 1774
2003Amended · Pub. L. 108-7 · 117 Stat. 355

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.

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