Reading Room Document

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

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. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/20731/download.

March 26, 1953