Assistant United States Attorney

An Assistant United States Attorney (AUSA) is a career civil service official within the United States Department of Justice (DOJ) who serves as a federal lawyer under the authority of a United States Attorney in one of the nation’s federal judicial districts. AUSAs represent the federal government of the United States in criminal prosecutions, civil litigation, and appellate proceedings, forming the operational backbone of federal law enforcement and legal representation at the district level.

Background and Legal Framework

The position of Assistant United States Attorney exists within the structure of the United States Attorneys’ Offices, which operate across all federal judicial districts. Each office is headed by a United States Attorney, a presidential appointee confirmed by the Senate, while AUSAs function as professional, non-political civil servants. Their authority is derived from federal statutes and DOJ regulations, and they act on behalf of the Attorney General of the United States in enforcing federal law.
Unlike elected or politically appointed prosecutors at state level, AUSAs are appointed through merit-based hiring processes and are expected to maintain political neutrality. They are employees of the federal executive branch and are subject to civil service rules and ethical standards applicable to federal officials.

Roles and Responsibilities

AUSAs perform a wide range of legal duties on behalf of the federal government. Their responsibilities vary depending on the section of the United States Attorney’s Office to which they are assigned.
Key responsibilities include:

• Federal criminal prosecution, including investigating, charging, and trying cases involving violations of federal criminal law.
• Civil litigation, representing the United States in lawsuits where the federal government is a party, either as plaintiff or defendant.
• Appellate advocacy, handling appeals of federal cases before United States Courts of Appeals.
• Legal advice, providing counsel to federal agencies and law enforcement bodies within their district.

Assistant United States Attorneys assigned to criminal divisions are commonly referred to as federal prosecutors, while those in civil divisions focus on defending or asserting the legal interests of the federal government.

Employment Status and Career Path

AUSAs are career federal civil servants, not political appointees. They are rarely hired directly out of law school and typically possess substantial prior legal experience. Common backgrounds include service as state or local prosecutors, judicial clerks, military lawyers, or attorneys in private practice.
Many AUSAs serve for a defined period before returning to private legal practice, often leveraging their federal litigation experience. Others remain in the role for decades, and some continue until retirement. Notably, as of 2020, the longest-serving AUSA in the United States had accumulated 50 years of service, illustrating the potential for long-term careers within the DOJ.

Size and Distribution of the Workforce

The number of Assistant United States Attorneys has increased steadily over time in response to expanding federal law enforcement responsibilities.

• In 2008, the Department of Justice employed approximately 5,800 AUSAs.
• By 2022, this figure had risen to around 6,300 AUSAs nationwide.

The size of individual United States Attorneys’ Offices varies considerably. For example:

• The Central District of California, covering the Los Angeles area, employs approximately 280 AUSAs, making it the largest DOJ office outside Washington, D.C.
• By contrast, the District of South Carolina employs approximately 62 AUSAs.

These differences reflect variations in population size, crime rates, and the volume of federal litigation across districts.

Specialisation Within Offices

Within a United States Attorney’s Office, AUSAs are often divided into specialised units, such as:

• Criminal divisions, focusing on offences including fraud, drug trafficking, public corruption, terrorism, and organised crime.
• Civil divisions, handling matters such as civil rights enforcement, immigration litigation, environmental law, and defence of federal agencies.
• Appellate units, specialising in appeals and complex legal issues arising from district court proceedings.

This internal specialisation allows AUSAs to develop deep expertise in particular areas of federal law.

Salary and Conditions of Service

AUSAs are paid under the federal government’s Administratively Determined (AD) pay system rather than the standard General Schedule. As of recent data:

• The starting base salary for an AUSA is 55,204 US dollars, subject to locality pay adjustments.
• Salaries increase with experience and seniority, up to a maximum of approximately 176,200 US dollars.

Despite these figures, AUSA compensation is widely regarded as lower than comparable private-sector legal salaries, particularly given the workload and complexity of federal cases.

Professional Representation and Advocacy

The National Association of Assistant United States Attorneys (NAAUSA) serves as the professional association representing AUSAs nationwide. NAAUSA advocates on behalf of its members before the Department of Justice and Congress, focusing on issues such as:

• Pay disparities between AUSAs and other federal trial attorneys.
• Retention and recruitment challenges caused by competition with private-sector salaries.
• Expanded telework and workplace flexibility.

The association has also highlighted disparities between AUSAs in district offices and trial attorneys based at Main Justice in Washington, D.C., who are often paid at higher rates.

Special Assistant United States Attorneys

Federal law authorises the Attorney General to appoint Special Assistant United States Attorneys (SAUSAs) when required by the public interest. SAUSAs assist United States Attorneys on a temporary or case-specific basis.
SAUSAs may include:

• State or local prosecutors, such as state attorneys general, participating in joint federal investigations.
• Federal agency lawyers from bodies such as the Federal Bureau of Investigation, Social Security Administration, or United States Postal Service.
• AUSAs on temporary assignment to another district or from Main Justice.

SAUSAs are generally paid by their home agency and are seconded to a United States Attorney’s Office for a defined period.

Criticism and Ethical Concerns

The use of SAUSAs, particularly those drawn from local or state prosecutorial offices, has attracted criticism. Concerns raised include:

• Potential conflicts of interest.
• Risks of selective or vindictive prosecution.
• The possibility of dual or successive prosecution across state and federal jurisdictions.