DOJ has not authority to do so
Reader comment on item: DOJ May Intervene in Terror Judgment Against Palestinian Authority
Submitted by Stephen Hughes, Aug 4, 2015 19:56
DOJ Intervention Authority is based on Civil Rights Issues ,8-2.140 - Interventions
Title IX of the Civil Rights Act of 1964 (42 U.S.C. § 2000h-2) authorizes the Attorney General to intervene in cases of general public importance involving alleged denials of equal protection of the laws on account of race, color, religion, sex or national origin. In light of the statutory requirement of certification by the Attorney General, any request for intervention from a private litigant received by the United States Attorney should be forwarded to the Department with a recommendation. This authority to intervene has been used most frequently in cases involving discrimination in schools, prisons, and in the selection of jurors.There are other civil rights statutes which also authorize the Attorney General to intervene in private cases. The Fair Housing Act, as amended by the Fair Housing Amendments Act of 1988, authorizes the Attorney General to intervene in cases initiated by private individuals when she or he certifies that the case of general public importance. (42 U.S.C. § 3613(e). Similarly, the Civil Rights for Institutionalized Persons Act (CRIPA) (see USAM 8-2.261), and Americans With Disabilities Act authorizes intervention (see USAM 8-2.410). The United States Attorney should notify the Assistant Attorney General, Civil Rights Division, upon learning of a case in his/her District in which intervention by the United States under 42 U.S.C. § 2000h-2 might be appropriate.
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⇒ DOJ has not authority to do so |
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