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Authority of the Department of Justice to Represent Members of Congress in a Civil Suit

Date of Issuance:

The Attorney General has authority to represent members of the House of Representatives in a state court civil lawsuit if he determines that it would be in the interest of the United States to do so.

The question whether the congressmen should be represented by the Department is wholly discretionary and should be determined as a matter of policy.

Updated July 9, 2014