Won't Somebody Think of the U.S. Attorneys?
Sen. Dianne Feinstein's bill devolving some of the PATRIOT Act's U.S. Attorney powers away from the White House has passed the Senate. The crucial bit:
Struck Out>: Section 546 of title 28, United States Code, is amended to read as follows:Sec. 546. Vacancies
'The United States district court for a district in which the office of the United States attorney is vacant may appoint a United States attorney to serve until that vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.'. < Struck Out
Section 546 of title 28, United States Code, is amended by striking subsection (c) and inserting the following:
'(c) A person appointed as United States attorney under this section may serve until the earlier of--
'(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or '(2) the expiration of 120 days after appointment by the Attorney General under this section.(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.'.