The Attorney General of the United States is ultimately responsible for deciding who receives witness protection under federal law. This authority allows the Attorney General to authorize the relocation and other necessary protections for witnesses.
The Role of the Attorney General
Under federal statute, the Attorney General possesses the discretion to provide protection for individuals who are witnesses or potential witnesses. This crucial decision-making power enables the government to safeguard those whose testimony is vital to judicial proceedings but whose lives may be at risk.
Key aspects of this authority include:
- Eligibility: The protection can be extended to witnesses or potential witnesses for both the Federal Government and State governments.
- Case Types: This typically applies to official proceedings concerning organized criminal activity or other serious offenses. The Attorney General makes the determination that an offense warrants such protection.
- Scope of Protection: The provided protection often includes relocation and other measures designed to ensure the safety and well-being of the individual and their immediate family.
Administration of the Program
While the Attorney General makes the final determination for entry into the federal Witness Security Program (commonly known as WitSec), the program itself is primarily administered by the United States Marshals Service. This agency is responsible for the day-to-day operations, including:
- Providing new identities
- Relocating witnesses
- Offering financial assistance
- Ensuring ongoing security
This structured approach ensures that the decision to protect a witness is made at the highest level of the Department of Justice, with the practical implementation handled by a dedicated law enforcement agency.
For more information on the federal program, you can refer to resources from the U.S. Marshals Service.
