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28 U.S.C. § 591Applicability of provisions of this chapter

submitted 48 years ago by Pub. L. 95-521 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 805 words · no verdicts yet

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The Attorney General must preliminarily investigate possible federal crimes by specified senior officials when the information is sufficient, and may do so for other conflicts or Members of Congress. The section sets the information review, timing, and recusal rules.

(a) Preliminary investigation of certain covered persons. Under section 592, the Attorney General must conduct a preliminary investigation whenever the Attorney General receives enough information to investigate whether a person in (b) violated a federal criminal law, except a Class B or C misdemeanor or an infraction. (b) Covered persons. These are: (1) the President and Vice President; (2) anyone serving in a position listed in 5 U.S.C. § 5312; (3) anyone working in the Executive Office of the President and paid at least level II of the Executive Schedule under 5 U.S.C. § 5313; (4) any Assistant Attorney General and anyone working in the Justice Department and paid at least level III under 5 U.S.C. § 5314; (5) the Director and Deputy Director of Central Intelligence and the Commissioner of Internal Revenue; (6) while the President is in office, the chair and treasurer of the main national campaign committee seeking the President's election or reelection and any committee officer exercising national-level authority; and (7) anyone who held a position in (1) through (5), for one year after leaving it. (c) Preliminary investigation of other persons. (1) If the Attorney General decides a Justice Department investigation or prosecution could create a personal, financial, or political conflict of interest, the Attorney General may conduct a section 592 preliminary investigation of that person after receiving enough information to investigate a federal crime other than a Class B or C misdemeanor or infraction. (2) If the Attorney General decides it would be in the public interest, the Attorney General may conduct a section 592 preliminary investigation after receiving enough information to investigate whether a Member of Congress committed such a federal crime. (d) Reviewing information. (1) To decide whether grounds to investigate exist under (a), (c), or section 592(c)(2), the Attorney General may consider only (A) how specific the information is and (B) whether its source is credible. (2) The Attorney General must decide within 30 days after first receiving the information. If the information is not specific or its source is not credible, the Attorney General must close the matter. If it is specific and from a credible source, the Attorney General must start a preliminary investigation when making that decision. If the Attorney General cannot decide within 30 days, the Attorney General must start a preliminary investigation at the end of the 30 days. (e) Recusal. (1)(A) If the information involves the Attorney General, the next most senior Justice Department official who is not recused must perform the Attorney General's duties under this chapter. (B) If it involves someone with whom the Attorney General has a personal or financial relationship, the Attorney General must recuse by designating that next most senior nonrecused official. (2) Before personally making any other decision under this chapter about received information, the Attorney General must decide under (1)(B) whether recusal is needed. The Attorney General must put the decision in writing, identify the facts considered, give the reasons for recusal, and file the decision with any notice or application submitted to the court division under this chapter about the information.
the actual law source: uscode.house.gov ↗public domain
(a)Preliminary Investigation With Respect to Certain Covered Persons.—

The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.

(b)Persons to Whom Subsection (a) Applies.—

The persons referred to in subsection (a) are—

(1)

the President and Vice President;

(2)

any individual serving in a position listed in section 5312 of title 5;

(3)

any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5;

(4)

any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under section 5314 of title 5;

(5)

the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;

(6)

the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and

(7)

any individual who held an office or position described in paragraph (1), (2), (3), (4), or (5) for 1 year after leaving the office or position.

(c)Preliminary Investigation With Respect to Other Persons.—
(1)In general.—

When the Attorney General determines that an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have violated Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.

(2)Members of congress.—

When the Attorney General determines that it would be in the public interest, the Attorney General may conduct a preliminary investigation in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.

(d)Examination of Information to Determine Need for Preliminary Investigation.—
(1)Factors to be considered.—

In determining under subsection (a) or (c) (or section 592(c)(2)) whether grounds to investigate exist, the Attorney General shall consider only—

(A)

the specificity of the information received; and

(B)

the credibility of the source of the information.

(2)Time period for making determination.—

The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received. If within that 30-day period the Attorney General determines that the information is not specific or is not from a credible source, then the Attorney General shall close the matter. If within that 30-day period the Attorney General determines that the information is specific and from a credible source, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 30-day period, whether the information is specific and from a credible source, the Attorney General shall, at the end of that 30-day period, commence a preliminary investigation with respect to that information.

(e)Recusal of Attorney General.—
(1)When recusal is required.—
(A)

If information received under this chapter involves the Attorney General, the next most senior official in the Department of Justice who is not also recused shall perform the duties assigned under this chapter to the Attorney General.

(B)

If information received under this chapter involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse himself or herself by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this chapter to the Attorney General.

(2)Requirements for recusal determination.—

Before personally making any other determination under this chapter with respect to information received under this chapter, the Attorney General shall determine under paragraph (1)(B) whether recusal is necessary. The Attorney General shall set forth this determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal. The Attorney General shall file this determination with any notification or application submitted to the division of the court under this chapter with respect to such information.

Source credit: (Added Pub. L. 95–521, title VI, § 601(a), Oct. 26, 1978, 92 Stat. 1867; amended Pub. L. 97–409, §§ 3, 4(a), Jan. 3, 1983, 96 Stat. 2039, 2040; Pub. L. 98–473, title II, § 228(b), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100–191, § 2, Dec. 15, 1987, 101 Stat. 1293; Pub. L. 103–270, §§ 3(j), (k), 4, June 30, 1994, 108 Stat. 735, 736.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-521 · 92 Stat. 1867
  • 1983Amended · Pub. L. 97-409 · 96 Stat. 2039, 2040
  • 1984Amended · Pub. L. 98-473 · 98 Stat. 2030
  • 1987Amended · Pub. L. 100-191 · 101 Stat. 1293
  • 1994Amended · Pub. L. 103-270 · 108 Stat. 735, 736

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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