47-662: Nikolas Peter Kerest (born 1972) is an American lawyer who has served as the United States attorney for the District of Vermont since 2021. Nikolas Kerest attended the Hackley School in Tarrytown, New York , and graduated in 1990. Kerest received a Bachelor of Arts from Williams College in 1994 and a Juris Doctor from Cornell Law School in 2000. Kerest served as a law clerk for Judge Fred I. Parker of
94-577: A qui tam , any U.S. citizen, provided they are represented by an attorney, can represent the interests of the United States, and share in penalties assessed against guilty parties. As chief federal law enforcement officers, U.S. attorneys have authority over all federal law enforcement personnel within their districts and may direct them to engage, cease or assist in investigations. In practice, this has involved command of Federal Bureau of Investigation assets but also includes other agencies under
141-594: A full-time job, in 1867, the U.S. House Committee on the Judiciary , led by Congressman William Lawrence , conducted an inquiry into the creation of a "law department" headed by the attorney general and also composed of the various department solicitors and United States attorneys . On February 19, 1868, Lawrence introduced a bill in Congress to create the Department of Justice. President Ulysses S. Grant signed
188-614: A small operation, with a staff of six. The main function was to generate legal opinions at the request of Lincoln and cabinet members, and handle occasional cases before the Supreme Court. Lincoln's cabinet was full of experienced lawyers who seldom felt the need to ask for his opinions. Bates had no authority over the US Attorneys around the country. The federal court system was handled by the Interior Department;
235-615: A term of four years, with appointments subject to confirmation by the Senate . A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified. By law, each United States attorney is subject to removal by the president. The attorney general has had the authority since 1986 to appoint interim U.S. attorneys to fill a vacancy. The governing statute, 28 U.S.C. § 546 provided, up until March 9, 2006: (c) A person appointed as United States attorney under this section may serve until
282-464: A website that supported the USA PATRIOT Act . It was criticized by government watchdog groups for its alleged violation of U.S. Code Title 18 Section 1913, which forbids money appropriated by Congress to be used to lobby in favor of any law, actual or proposed. The website has since been taken offline. On October 5, 2021, U.S. Deputy Attorney General Lisa Monaco has announced the formation of
329-844: Is assigned to each of the judicial districts , with the exception of Guam and the Northern Mariana Islands, where a single U.S. attorney serves both districts. Each U.S. attorney is the chief federal law enforcement officer within a specified jurisdiction, acting under the guidance of the United States Attorneys' Manual . They supervise district offices with as many as 350 assistant U.S. attorneys (AUSAs) and as many as 350 support personnel. U.S. Attorney's Offices are staffed mainly by assistant U.S. attorneys (AUSA). Often colloquially called "federal prosecutors", assistant U.S. attorneys are government lawyers who act as prosecutors in federal criminal trials and as
376-570: Is both the primary representative and the administrative head of the Office of the U.S. Attorney for the district. The U.S. Attorney's Office (USAO) is the chief prosecutor for the United States in criminal law cases, and represents the United States in civil law cases as either the defendant or plaintiff, as appropriate. However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called
423-478: The Justice Department , is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general , who reports directly to the president of the United States and is a member of
470-576: The U.S. federal government in civil litigation in federal and state court within their geographic jurisdiction. U.S. attorneys must be nominated by the president and confirmed by the Senate , after which they serve four-year terms. Currently, there are 93 U.S. attorneys in 94 district offices located throughout the United States, Puerto Rico , the U.S. Virgin Islands , Guam , and the Northern Mariana Islands . One U.S. attorney
517-827: The United States Court of Appeals for the Second Circuit from 2000 to 2001. He was in private practice at Ropes & Gray in Boston from 2001 to 2004 and at Pierce Atwood LLP in Portland, Maine from 2004 to 2010. From 2019 to 2021, he served as an Assistant United States Attorney in the criminal division of the United States Attorney's office for the District of Vermont. From 2010 to 2014, he served as Assistant United States Attorney in
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#1732783723071564-574: The federal government took on some law enforcement responsibilities, and the Department of Justice was tasked with performing these. In 1884, control of federal prisons was transferred to the new department, from the Department of the Interior . New facilities were built, including the penitentiary at Leavenworth in 1895, and a facility for women located in West Virginia , at Alderson
611-505: The 50 states, the District of Columbia, Guam , the Northern Mariana Islands , Puerto Rico , and the U.S. Virgin Islands . It was organized by Ninth Circuit Court of Appeals judge James R. Browning , who also served as its first chief. Note: Except as indicated parenthetically, the foregoing links are to the corresponding district court, rather than to the U.S. Attorney's Office. United States Department of Justice The United States Department of Justice ( DOJ ), also known as
658-657: The Attorney General's office in the Department of Justice Main Building in Washington, D.C. The building was renamed in honor of former Attorney General Robert F. Kennedy in 2001. It is sometimes referred to as "Main Justice". The Justice Department also had a War Division during World War II . It was created in 1942 and disestablished in 1945. Several federal law enforcement agencies are administered by
705-472: The Constitution. Both Akerman and Bristow used the Department of Justice to vigorously prosecute Ku Klux Klan members in the early 1870s. In the first few years of Grant's first term in office, there were 1000 indictments against Klan members, with over 550 convictions from the Department of Justice. By 1871, there were 3000 indictments and 600 convictions, with most only serving brief sentences, while
752-498: The Department of Justice) "who prosecutes on behalf of justice (or the Lady Justice)". The motto's conception of the prosecutor (or government attorney) as being the servant of justice itself finds concrete expression in a similarly-ordered English-language inscription ("THE UNITED STATES WINS ITS POINT WHENEVER JUSTICE IS DONE ITS CITIZENS IN THE COURTS") in the above-door paneling in the ceremonial rotunda anteroom just outside
799-540: The Department of Justice, such as the Bureau of Alcohol, Tobacco and Firearms and Drug Enforcement Administration . Additionally, U.S. attorneys cooperate with other non-DOJ law enforcement agencies – such as the United States Secret Service and Immigration and Customs Enforcement – to prosecute cases relevant to their jurisdictional areas. The U.S. attorney for the District of Columbia has
846-536: The Department of Justice. Similarly the Office of Domestic Preparedness left the Justice Department for the Department of Homeland Security, but only for executive purposes. The Office of Domestic Preparedness is still centralized within the Department of Justice, since its personnel are still officially employed within the Department of Justice. In 2003, the Department of Justice created LifeAndLiberty.gov,
893-613: The Department of Justice: In March 2003, the United States Immigration and Naturalization Service was abolished and its functions transferred to the United States Department of Homeland Security . The Executive Office for Immigration Review and the Board of Immigration Appeals , which review decisions made by government officials under Immigration and Nationality law, remain under jurisdiction of
940-547: The Department of the Interior, the prosecution of all federal crimes, and the representation of the United States in all court actions, barring the use of private attorneys by the federal government. The law also created the office of Solicitor General to supervise and conduct government litigation in the Supreme Court of the United States . With the passage of the Interstate Commerce Act in 1887,
987-482: The Guam and the Northern Mariana Islands has a single U.S. attorney for both districts), including: These responsibilities include certain legal, budgetary, administrative, and personnel services, as well as legal education. The EOUSA was created on April 6, 1953, by Attorney General Order No. 8-53 to provide for close liaison between the Department of Justice in Washington, DC, and the 93 U.S. attorneys located throughout
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#17327837230711034-538: The Justice Department's Executive Office for United States Attorneys . Selected U.S. attorneys participate in the Attorney General's Advisory Committee of United States Attorneys . The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and United States Marshal . The same act also specified the structure of the Supreme Court of
1081-763: The Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy , in March 2007 the Senate and the House voted to re-instate the 120-day term limit on interim attorneys via the Preserving United States Attorney Independence Act of 2007. The bill
1128-468: The Treasury handled claims. Most of the opinions turned out by Bates's office were of minor importance. Lincoln gave him no special assignments and did not seek his advice on Supreme Court appointments. Bates did have an opportunity to comment on general policy as a cabinet member with a strong political base, but he seldom spoke up. Following unsuccessful efforts in 1830 and 1846 to make attorney general
1175-553: The U.S. federal government in litigation: the Criminal , Civil , Antitrust , Tax , Civil Rights , Environment and Natural Resources , National Security , and Justice Management Divisions . The department also includes the U.S. Attorneys' Offices for each of the 94 U.S. federal judicial districts . The U.S. Congress created the Justice Department in 1870 during the presidency of Ulysses S. Grant . The Justice Department's functions originally date to 1789, when Congress created
1222-566: The United States and established inferior courts making up the United States Federal Judiciary , including a district court system. Thus, the office of U.S. Attorney is older than the Department of Justice. The Judiciary Act of 1789 provided for the appointment in each judicial district of a "Person learned in the law to act as attorney for the United States...whose duty it shall be to prosecute in each district all delinquents for crimes and offenses cognizable under
1269-499: The United States federal government's lawyers in civil litigation in which the United States is a party. In carrying out their duties as prosecutors, AUSAs have the authority to investigate persons, issue subpoenas, file formal criminal charges, plea bargain with defendants, and grant immunity to witnesses and accused criminals. U.S. attorneys and their offices are part of the Department of Justice . U.S. attorneys receive oversight, supervision, and administrative support services through
1316-478: The additional responsibility of prosecuting local criminal cases in the Superior Court of the District of Columbia , the equivalent of a municipal court for the national capital. The Superior Court is a federal Article I court. The Executive Office for United States Attorneys (EOUSA) provides the administrative support for the 93 United States attorneys (encompassing 94 United States Attorney offices, as
1363-465: The authority of the United States, and all civil actions in which the United States shall be concerned..." Prior to the existence of the Department of Justice, the U.S. attorneys were independent of the attorney general, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice. U.S. attorneys are appointed by the president of the United States for
1410-425: The authority was first vested with the circuit courts in March 1863. Then, in 1898, a House of Representatives report explained that while Congress believed it was important to have the courts appoint an interim U.S. attorney: "There was a problem relying on circuit courts since the circuit justice is not always to be found in the circuit and time is wasted in ascertaining his whereabouts." Therefore, at that time,
1457-443: The bill into law on June 22, 1870. Grant appointed Amos T. Akerman as attorney general and Benjamin H. Bristow as America's first solicitor general the same week that Congress created the Department of Justice. The Department's immediate function was to preserve civil rights. It set about fighting against domestic terrorist groups who had been using both violence and litigation to oppose the 13th , 14th , and 15th Amendments to
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1504-494: The civil division of the U.S Attorney's office and as civil chief from 2014 to 2019. While serving as civil chief, he also served as the civil rights coordinator from 2014 to 2016. On September 28, 2021, President Joe Biden nominated Kerest to be the United States attorney for the District of Vermont. On November 4, 2021, his nomination was reported out of committee by voice vote , Senators Josh Hawley and Marsha Blackburn voted "no" on record. On December 7, 2021, his nomination
1551-534: The earlier of— (d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court. On March 9, 2006, President George W. Bush signed into law the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 which amended Section 546 by striking subsections (c) and (d) and inserting
1598-474: The following new subsection: (c) A person appointed as United States attorney under this section may serve until the qualification of a United States Attorney for such district appointed by the President under section 541 of this title. This, in effect, extinguished the 120-day limit on interim U.S. attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to
1645-453: The interim appointment authority was switched to the district courts; that is, in 1898 it was switched to the district courts. Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems. This structure was left undisturbed until 1986 when the statute was changed during the Reagan administration. In a bill that
1692-408: The office of the Attorney General. The office of the attorney general was established by the Judiciary Act of 1789 as a part-time job for one person, but grew with the bureaucracy . At one time, the attorney general gave legal advice to the U.S. Congress , as well as the president ; however, in 1819, the attorney general began advising Congress alone to ensure a manageable workload. Until 1853,
1739-536: The original intended meaning of the Latin motto appearing on the Department of Justice seal, Qui Pro Domina Justitia Sequitur (literally "Who For Lady Justice Strives"). It is not even known exactly when the original version of the DOJ seal itself was adopted, or when the motto first appeared on the seal. The most authoritative opinion of the DOJ suggests that the motto refers to the Attorney General (and thus, by extension, to
1786-635: The president's Cabinet . The current attorney general is Merrick Garland , who has served since March 2021. The Justice Department contains most of the United States' federal law enforcement agencies , including the Federal Bureau of Investigation , the U.S. Marshals Service , the Bureau of Alcohol, Tobacco, Firearms and Explosives , the Drug Enforcement Administration , and the Federal Bureau of Prisons . The department also has eight divisions of lawyers who represent
1833-629: The ringleaders were imprisoned for up to five years in the federal penitentiary in Albany, New York . The result was a dramatic decrease in violence in the South. Akerman gave credit to Grant and told a friend that no one was "better" or "stronger" than Grant when it came to prosecuting terrorists. George H. Williams , who succeeded Akerman in December 1871, continued to prosecute the Klan throughout 1872 until
1880-412: The salary of the attorney general was set by statute at less than the amount paid to other Cabinet members. Early attorneys general supplemented their salaries by running private law practices, often arguing cases before the courts as attorneys for paying litigants. The lightness of the office is exemplified by Edward Bates (1793–1869), Attorney General under Abraham Lincoln (1861 to 1864). Bates had only
1927-436: The spring of 1873, during Grant's second term in office. Williams then placed a moratorium on Klan prosecutions partially because the Justice Department, inundated by cases involving the Klan, did not have the manpower to continue prosecutions. The "Act to Establish the Department of Justice" drastically increased the attorney general's responsibilities to include the supervision of all United States attorneys, formerly under
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1974-425: Was completed in 1935 from a design by Milton Bennett Medary . Upon Medary's death in 1929, the other partners of his Philadelphia firm Zantzinger, Borie and Medary took over the project. On a lot bordered by Constitution and Pennsylvania Avenues and Ninth and Tenth Streets, Northwest, it holds over 1,000,000 square feet (93,000 m ) of space. Various efforts, none entirely successful, have been made to determine
2021-560: Was confirmed in the United States Senate by voice vote . On December 10, 2021, he was sworn into office by Judge Geoffrey W. Crawford . United States attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts . Each U.S. attorney serves as the United States' chief federal criminal prosecutor in their judicial district and represents
2068-615: Was established in 1924. In 1933, President Franklin D. Roosevelt issued an executive order which gave the Department of Justice responsibility for the "functions of prosecuting in the courts of the United States claims and demands by, and offsenses [ sic ] against, the Government of the United States, and of defending claims and demands against the Government, and of supervising the work of United States attorneys, marshals, and clerks in connection therewith, now exercised by any agency or officer..." The U.S. Department of Justice building
2115-449: Was introduced by Senator Strom Thurmond, the statute was changed to give the appointment authority to the Attorney General, but even then it was restricted and the Attorney General had a 120-day time limit. After that time, if a nominee was not confirmed, the district courts would appoint an interim U.S. attorney. The adoption of this language was part of a larger package that was billed as technical amendments to criminal law, and thus there
2162-602: Was no recorded debate in either the House or the Senate and both Chambers passed the bill by voice vote. Then, 20 years later, in March 2006 – again without much debate and again as a part of a larger package – a statutory change was inserted into the PATRIOT Act reauthorization. This time, the Executive's power was expanded even further, giving the Attorney General the authority to appoint an interim replacement indefinitely and without Senate confirmation. The U.S. attorney
2209-528: Was signed by President George W. Bush, and became law in June 2007. Senator Dianne Feinstein (D, California), summarized the history of interim United States Attorney appointments, on March 19, 2007 in the Senate. When first looking into this issue, I found that the statutes had given the courts the authority to appoint an interim U.S. attorney and that this dated back as far as the Civil War. Specifically,
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