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« Operation Gunwalker -- key witness sent to Iraq | Main | NJ ruling on "possession" »

House Judiciary Chairman raises interesting questions

Posted by David Hardy · 27 September 2011 12:04 PM

Rep. Lamar Smith's letter is here The end is interesting to me:

"5. Is the [Justice] Department confident that ATF can fulfill its mission with a part-time director who is based in Minnesota?

6. Have you issued a waiver of the residency requirement for [new acting director] Todd Jones under 28 U.S.C. §545? If so, for what period does the waiver extend?"

Jones is retaining his U.S. Attorney's post in Minnesota while serving as acting director of ATF in Washington, DC. 18 U.S.C. §545 provides:

"Each United States attorney shall reside in the district for which he is appointed, [with exceptions not relevant here]. Pursuant to an order from the Attorney General or his designee, a United States attorney or an assistant United States attorney may be assigned dual or additional responsibilities that exempt such officer from the residency requirement in this subsection for a specific period as established by the order and subject to renewal."

· BATFE

1 Comment | Leave a comment

Flight-ER-Doc | September 27, 2011 9:39 PM | Reply

Since the various US laws mean nothing to this administration why would they care?

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