28 U.S.C. 541 provides that the President appoints a United States attorney for each judicial district with the Senate’s advice and consent. It establishes a four-year term, allows continued service until a successor is appointed and qualifies, and makes each U.S. attorney subject to presidential removal. Vacancy appointments are addressed separately. [1]
A four-year term does not guarantee four years
The term provision and removal provision must be read together. Section 541 does not give a U.S. attorney tenure for the entire four-year period. It expressly makes the officer subject to removal by the President. Conversely, reaching the term’s scheduled end does not automatically end the incumbent’s authority: the statute includes a holdover clause. [1]
For example, an incumbent whose four-year term has expired may continue performing the office’s duties while a successor awaits appointment and qualification. Describing that person as automatically serving illegally merely because four years have elapsed overlooks the statutory language.
Vacancy appointments follow another statute
Under section 546, the Attorney General may appoint a U.S. attorney when the office is vacant, subject to the statute’s restrictions. That appointment ordinarily ends when a presidentially appointed successor qualifies or 120 days after the Attorney General’s appointment, whichever occurs first. [2]
If the appointment expires under that 120-day provision, the district court may appoint someone to serve until the vacancy is filled. The court’s appointment order must be filed with its clerk. An interim appointment should therefore be analyzed under its own authority rather than section 541’s four-year term alone. [2]
Which records establish the appointment?
- The nomination and Senate confirmation record, where applicable.
- The appointment and qualification dates.
- Any resignation or removal notice.
- An Attorney General appointment document or district-court order.
- The authority relied on for acting or interim service.
Other vacancy laws can raise additional issues, and a challenge concerning a particular official requires the actual documents and controlling decisions. Appointment does not itself determine the merits of a prosecution. Related federal-government issues include criminal conflict-of-interest rules for officials and the district court's separate civil jurisdiction. Those legal questions should be kept distinct from identifying who validly holds the prosecutor’s office.
Primary sources
Sources checked: October 31, 2026.