providence journal argued january decided may respondents newspaper executive editor violated temporary restraining order issued district civil suit brought enjoin dissemination surveillance logs memoranda concerning plaintiff deceased father although subsequently vacated order nevertheless appointed private attorney prosecute respondents criminal contempt order declining ask attorney pursue matter representation federal defendants underlying civil action ultimately found respondents criminal contempt appeals reversed ground order transparently invalid first amendment although solicitor general denied special prosecutor authority represent seeking reinstatement contempt judgment prosecutor nevertheless filed petition writ certiorari granted briefed argued case held since special prosecutor lacks authority represent writ certiorari dismissed want jurisdiction pp title regulations issued attorney general empower solicitor general designee conduct argue suits interested pp case one interested within plain meaning action initiated continues litigated order unique sovereign interest vindicating authority judiciary rationale underlying young ex rel vuitton et fils affirmed inherent authority federal courts appoint private attorneys prosecute disobedience orders order assure judiciary independent means vindicating authority necessitate special prosecutor appearance young create exception therefore similar provisions unlike give attorney general exclusive control litigation involving except otherwise provided authorized law young simply acknowledges excepted provision authorization within meaning statutory provisos pp judicially initiated contempt citation case interested policies underlying speak one voice voice reflect common interest government people development law rather variety parochial inconsistent interests shaped immediate demands case sub judice undermined anomalous consequences result deluge unauthorized certiorari petitions filed attorneys special prosecutors behest district judges pp blackmun delivered opinion brennan white marshall scalia joined scalia filed concurring opinion post stevens filed dissenting opinion rehnquist joined post kennedy took part consideration decision case robert parrillo argued cause briefs william curran floyd abrams argued cause respondents brief edward hindle joseph cavanagh briefs amici curiae urging reversal filed solicitor general fried assistant attorney general willard deputy solicitor general bryson edwin kneedler douglas letter washington legal foundation et al daniel popeo michael mcdonald briefs amici curiae urging affirmance filed american civil liberties union et al john powell steven shapiro lynette labinger martha minow kathleen sullivan marjorie heins american newspaper publishers association et al james goodale john koeltl justice blackmun delivered opinion seeks reinstatement judgment contempt newspaper executive editor violating invalid temporary restraining order publication concluded prosecutor sought certiorari briefed argued case without authorization solicitor general may represent dismiss writ certiorari november raymond patriarca son raymond patriarca deceased filed suit federal bureau investigation fbi director department justice attorney general providence journal company journal wjar television ten wjar seeking enjoin dissemination logs memoranda compiled course illegal electronic surveillance see providence journal fbi cert denied plaintiff father complaint amended based freedom information act foia supp iv title iii omnibus crime control safe streets act title iii et seq supp iv fourth amendment alleged fbi improperly released logs memoranda journal wjar pursuant foia request following death senior patriarca summons complaint motion temporary restraining order served journal november next day counsel various parties gathered conference chief judge district district rhode island conference apparently transcript chief judge entered temporary restraining order barring publication logs memoranda set hearing friday november counsel journal federal defendants objected order evening november respondent charles hauser executive editor journal first advised restraining order discussing journal executives perils noncompliance hauser decided publish story based logs memoranda following day november journal published one article patriarcas another clash district journal see app patriarca forthwith filed motion journal hauser adjudged criminal contempt patriarca however declined prosecute contempt motion district decided ask attorney pursue matter representation federal defendants underlying civil action invoking federal rule criminal procedure district appointed william curran rhode island bar prosecuting attorney full authority prosecute pending contempt motion app curran application district ordered respondents show cause adjudged criminal contempt following hearing february district found respondents criminal contempt order entered november concluded jurisdiction consider whether patriarca statutory fourth amendment claims merit whether privacy interest outweighed journal first amendment interest publication thus temporary restraining order entered preserve status quo pending consideration significant legal issues valid even though subsequently vacated district fined journal suspended jail sentence hauser placing probation months ordering perform hours public service respondents appealed appeals first circuit reversed judgment contempt providence journal found temporary restraining order transparently invalid first amendment thus constitutionality collaterally challenged contempt proceedings according none grounds asserted support order including foia title iii fourth amendment provided even colorable basis prior restraint ordered district appeals sitting en banc summarily modified panel opinion holding even subject transparently invalid order must make effort seek emergency appellate relief ruled however publisher may proceed publish challenge constitutionality order contempt proceeding timely access appellate available timely decision forthcoming convinced respondents obtained emergency relief publisher make final decision whether run story following day found unfair subject respondents substantial sanctions failing follow newly announced procedures providence journal importance issues granted certiorari ii decide whether respondents properly held contempt violating district subsequently invalidated restraining order must consider respondents motion dismiss writ certiorari appears manner unusual case reached us departed significantly established practice appeals reversed judgment contempt sitting en banc modified panel opinion special prosecutor sought authorization solicitor general file petition writ certiorari letter dated july solicitor general denied authorization see app brief amicus curiae response respondents motion dismiss sg letter respondents argue without permission special prosecutor proceed denying authorization special prosecutor file appear behalf solicitor general questioned whether recent decision young ex rel vuitton et fils rendered authorization unnecessary case concerning criminal contempt charge prosecuted private counsel appointed pursuant federal rule criminal procedure see sg letter see also brief amicus curiae find implication decision young conclude special prosecutor lacks authority represent party entitled petition certiorari must dismiss writ certiorari want jurisdiction title provides relevant part except attorney general particular case directs otherwise attorney general solicitor general shall conduct argue suits appeals interested matters assigned shall conducted handled supervised solicitor general consultation agency official concerned conducting assigning supervising cases including appeals petitions opposition certiorari briefs arguments settlement thereof cfr present case clearly one interested action initiated vindication judicial power art iii emphasis added interest unique sovereign continues litigated special prosecutor seeks reinstate judgment criminal contempt federal including possible prison sentence individual defendant substantial fine newspaper defendant fact allegedly criminal conduct concerns violation order instead common law statutory prohibition render prosecution less exercise sovereign power indeed last term case much like present one involving prosecution criminal contempt flatly stated private attorneys appointed prosecute criminal contempt action represent young ex rel vuitton et fils emphasis added see also gompers bucks stove range roceedings law criminal contempt public defendant special prosecutor solicitor general argue case one interested phrase used refers solely cases interests executive branch issue litigation argument goes special prosecutor acted support power judicial branch rather furtherance executive constitutional responsibility art ii take care laws faithfully executed suggested interpretation however presumes one may appear something sovereign composed three branches nixon find proposition somewhat startling particularly supported office whose authority substantially diminished adoption reject construction inconsistent plain meaning seems elementary even exercising distinct jealously separated powers three branches parts one government hampton congress familiar enough language separation powers shall assume intended without saying exclude judicial branch referred interest moreover may well matters uniquely executive branch concerns think fairly described broad statutory language young reaffirmed inherent authority federal initiate criminal contempt proceeding disobedience order ability appoint private attorney prosecute contempt action power considered part judicial function grounded first foremost upon necessity ability punish disobedience judicial orders regarded essential ensuring judiciary means vindicate authority without complete dependence branches special prosecutor claims appearance necessary vindication district authority district mercy another branch deciding whether proceedings initiated lacked power appoint private attorney prosecute contempt charge judgment vindicating district authority vulnerable attorney general withholding authorization defend argument however overlooks circumstances special prosecutor actually came position seek review district judgment contempt reversed appeal special prosecutor may decide seek writ certiorari basis professional judgment appeals decision merits review see generally rule sometimes apparently occurred special prosecutor solicitor general disagree respect whether case presents issues worthy review kind disagreement actually arises regular basis solicitor general attorneys representing various agencies disagreement interfere judiciary power protect case consent solicitor general ever became relevant members judiciary decided district judge erred adjudging defendants contempt majority panel appeals perhaps majority en banc decided favor alleged contemner necessity required appointment independent prosecutor faded indeed longer present hand district adjudged party contempt appellate affirmed special prosecutor little need services fulfill duties contemner petitions writ certiorari solicitor general need consulted authorization participation obtained oppose petition defend judgment circumstances solicitor general declines authorize defense judgment prevented special prosecutor proceeding independent ability judiciary vindicate authority might appear threatened courts agreed contemner disobeyed order executive judgment contrary threaten undermine judicial decisions threat however inconsequential part judicial branch must decide whether exercise discretion review judgment well within authority appoint amicus curiae file briefs present oral argument support judgment see bob jones university order appointing amicus curiae support judgment fausto solicitor general argues apply contempt proceeding initiated unilaterally federal young sustained power appoint private attorney prosecute criminal contempt charge despite fact language certainly somewhat similar requires litigation conducted government attorney except otherwise authorized law conduct litigation agency officer thereof party interested reserved officers department justice direction attorney general young neither expressed implied special consideration judicially initiated contempt proceeding statutes implicated discussed young provide attorney general exclusive control specified litigation except otherwise provided authorized law fair reading young indicates federal inherent authority punish disobedience vindicate authority excepted provision authorization within meaning power punish contempts inherent courts first recognized young rather many times decided may regarded settled law young quoting michaelson ex rel chicago thus contrary solicitor general intimation young read exception instead young consistent plain language provisos sections section way vivid contrast contains proviso plain statutory language reason enough persuade us accept respondents objections dismiss writ certiorari observe salutory policies support undermined anomalous consequences result approach urged upon special prosecutor solicitor general among reasons reserving litigation attorney general solicitor general concern usually speak one voice voice reflects parochial interests particular agency common interests government therefore people without centralization decision whether seek certiorari might well deluged petitions every federal prosecutor agency instrumentality urging position variety inconsistent positions shaped immediate demands case sub judice rather longer term interests development law procedures set young seems evident majority contempt cases prosecuted attorney see special prosecutor interpretation whereby contempt citation initiated district case interested attorney free file petition writ certiorari without authorization solicitor general need speculate attorney resolve conflict duty preservation respect judicial authority attorneys manual duty superiors department justice reject hand interpretation creates potential conflict similarly attorney concluded appeals decision reversing judgment contempt merit review declined file petition seem follow solicitor general interpretation district judge appoint another special prosecutor solely purposes seeking certiorari writ granted litigating case see brief amicus curiae response respondents motion dismiss surely neither force historical practice necessity protecting dignity district whose judgment contempt reversed appeal warrants attributing power district judge iii conclude criminal contempt prosecution brought vindicate authority judiciary punish disobedience order suit interested within meaning regardless appointed district prosecute action case special prosecutor filed petition writ certiorari without authorization solicitor general thus without authorization appear behalf absent proper representative government petitioner criminal prosecution jurisdiction lacking writ certiorari heretofore granted dismissed ordered footnotes november previously scheduled district held hearing argument counsel set preliminary injunction hearing tuesday november extending restraining order date app following preliminary injunction hearing vacated temporary restraining order denied preliminary injunctive relief journal wjar granted preliminary injunction dissemination logs memoranda federal defendants decision young ex rel vuitton et fils event prohibited patriarca taking action young instructed courts request attorney prosecute criminal contempt charge attorney declined appoint special prosecutor private attorney attorney interested party amicus curiae argues district reasons legally insufficient support decision ask government attorney undertake contempt prosecution prosecution journal order vindicate district authority pose conflict government attorneys brief amicus curiae disposition case need address circumstances procedures prescribed young requesting appropriate prosecuting authority pursue contempt action may bypassed hold today federal statute deprives special prosecutor authority pursue litigation behalf solicitor general declines petition certiorari authorize filing petition dismiss writ even though eventually expressed interest litigation solicitor general filed brief amicus curiae support position taken special prosecutor see karcher may diamond charles section reads shall power punish fine imprisonment discretion contempt authority none disobedience resistance lawful writ process order rule decree command fact relies solicitor general exercise independent judgment decline authorize petitions review majority cases government lost courts appeals see andres frankfurter concurring mccree solicitor general client see also griswold office solicitor general representing interests mo rev solicitor general special obligation aid well serve client providing solicitor general subject direction attorney general attend interests litigation statutes always understood mean longrange interests simply terms fisc success particular litigation government people omitted young emphasized principle restraint contempt counsels caution exercise power appoint private prosecutor repeat rationale appointment authority necessity judiciary completely dependent executive branch redress direct affronts authority powerless protect branch declined prosecution exercise inherent power last resort plain language resolves conflict express reservations authority litigation therein provided provision law vests litigation authority elsewhere statute begins except otherwise provided law creates general rule applies unless contradicted provision young reason address application provisions apply contempt proceeding initiated reaffirmed inherent authority federal appoint private attorney prosecute contempt charge conflict statutory requirements fact admits exception course mean congress chooses exempt litigation otherwise blanket coverage statute mean however alleged exception must scrutinized subjected ordinary tools statutory construction determine whether congress intended supersede indeed congress enacted provisions suggest exceptions blanket coverage see federal courts improvement act stat preserving existing authority tennessee valley authority represent attorneys choosing adding see stat claims appeals federal circuit courts named ethics government act amended authorizing independent counsel initiate conduct prosecutions competent jurisdiction name see last cited act sealed case app prob juris noted sub nom morrison olson see also stern inconsistency government litigation harv rev discussing independent litigating authority interstate commerce commission without pausing construe effect enactments note similar indication congress intended exception special prosecutor appointed prosecute contempt charge despite fact federal rule criminal procedure reflects longstanding practice assume congress aware private prosecutions contempt actions see young ex rel vuitton et fils similarly nothing precludes members congress judiciary adding views litigation intervenors amici curiae practice long recognized see bowsher synar instances directly authorized statute see may well solicitor general contends even pursuing judicially initiated contempt prosecution attorney remains practical purposes officer representative executive branch direction attorney general see brief amicus curiae response respondents motion dismiss standpoint solicitor special prosecutor interpretation seem permit attorney appear behalf interests stake contempt prosecution case captioned significance holding previously observed courts must look behind names symbolize parties determine whether justiciable case controversy presented icc thus even case recaptioned special prosecutor upon filing petition reflect adversary nature proceeding see petitioner objections respondents motion dismiss required determine whether case interested criminal contempt prosecution federal however styled case justice scalia concurring join opinion ably demonstrates according plain meaning fully consistent opinion young ex rel vuitton et fils continue believe however district courts possess power inherent otherwise prosecute contemners disobedience judgments derivative power appoint attorney conduct contempt prosecutions see scalia concurring judgment justice stevens chief justice joins dissenting statute enacted first congress created office attorney general described responsibilities office statute provided shall also appointed meet person learned law act shall sworn affirmed faithful execution office whose duty shall prosecute conduct suits shall concerned give advice opinion upon questions law required president requested heads departments touching matters may concern departments shall receive compensation services shall law provided judiciary act ch stat emphasis supplied litigation interested course conducted executive branch government orderly administration requires litigation conducted supervision direction single office congress therefore wisely granted attorney general broad enough authority accomplish mission unlikely however statute enacted congress foresaw possibility matters judicial contempts see young ex rel vuitton et fils legislative contempts see anderson dunn wheat mcgrain daugherty need defend legislative veto see ins chadha present justiciable controversies congress judiciary might interests diverge executive branch government nevertheless cases shall concerned equally unlikely congress amendment recent consideration provision perceived much less endorsed view read place control litigation exclusively hands executive branch although texts statutes congress enacted read foreclose either congress judiciary appointing counsel participate litigation long held construing statute bound follow literal language statute however clear words may appear superficial examination leads absurd even unreasonable results american trucking citation omitted see also offshore logistics tallentire california federal savings loan assn guerra wells fargo bank history common sense make clear congress never intended grant executive branch exclusive authority control litigation coequal branch government maintains substantial justiciable interest early house representatives adopted resolution directing speaker house employ counsel may think proper defend suit brought john anderson said thomas dunn expenses defrayed contingent fund house annals cong speaker retained william wirt defend suit established congressional power legislative contempt see anderson dunn supra although wirt serving attorney general congress nonetheless deemed necessary retain wirt private capacity pay defend suit see american state papers misc vol statement sums paid william wirt attorney general beyond salary services required law congress read shall concerned extend beyond interests executive branch attorney general already obliged prosecute conduct suit separate retainer agreement necessary indeed house committee judiciary later explained payment beyond attorney general salary proper provided services rendered belong office manner bound perform therefore perform entitled paid professional man numerous occasions since anderson dunn congress seen fit retain private counsel represent interests see kilbourn thompson pocket veto case powell mccormack gravel ins chadha bowsher synar similarly interests federal judiciary certainly interests well represented litigation private counsel several occasions see chandler judicial council tenth circuit calvert fire ins young ex rel vuitton et fils yet time anderson dunn today heard argument cases without bothering determine whether solicitor general approved participation litigation addition frequently appointed counsel sometimes designated amicus curiae nevertheless fully authorized argue cases interested see myers bob jones university appointing counsel without asking approval solicitor general taking action moreover despite fact contains language similar found confirmed power judiciary appoint counsel conduct litigation interested see young ex rel vuitton et fils supra long previously unquestioned practice comports well common sense section directs xcept attorney general particular case directs otherwise attorney general solicitor general shall conduct argue suits appeals interested language mandatory case interested solicitor general shall argue appeal course quite properly solicitor general seek certiorari every case adversely affecting interest instead solicitor general acts strategically choosing important cases cases likely prevail thus separating wheat chaff solicitor general makes series judgments interest executive officer solicitor general may reasonably weigh consider interests executive agencies faced difference view executive branch coordinate branch government however solicitor general faces conflict interest undeniably intolerable encountered private sector essence asked resolve conflicting interests clients common sense dictates congress intend create conflict office solicitor general moreover even compellingly unreasonable conclude congress intended abdicate solicitor general department justice function determining interest congress judiciary certainly congress intend executive offices charged weighing competing executive congressional judicial interests authority absent legislation deny congress judiciary access prior practice consistent commonsense reading also significant officer interested correct interpretation provision solicitor general places interpretation text brief case submits title like statutes vest attorney general exclusive control litigation applies cases interested virtue constitutional statutory responsibilities executive branch branch attorney general serves cf icc southern cir section centralizes responsibility conduct public litigation enables president attorney general supervise various policies executive branch brief amicus curiae response respondents motion dismiss request house representatives president monroe transmitted congress information relating amount public money paid attorney general salary fixed law information accompanied presidential message sheds light early understanding act providing part act september instituting office attorney general made duty prosecute conduct suits concerned seen therefore statement communicated money whatever paid attorney general services character duty belonging office beyond salary fixed law american state papers misc vol office attorney general established act september duty defined prosecute conduct suits shall concerned appointments heretofore made compensation heretofore allowed reference existing constitution office duties belonging already stated follows clearly department government right ever right call upon attorney general perform duties difficult show officer greater obligation private citizen render gratuitous services government particularly nature estimated paid extensive interesting concerns nation nevertheless happen frequently happened government occasion legal aid officers bound cases able afford occasional aid afforded attorney general without interference proper duties objection employed upon ordinary professional footing receiving compensation service required design office already appeared render stated duties stated compensation salary never understood intended office deprive officer right employ professional talents learning benefit done without prejudice faithful performance stated duties reviewing past committee finds nothing disapprove additional professional aid employed seems necessary proper compensated beyond fair reasonable amount compensation allowed attorney general services rendered belong office manner bound perform therefore perform entitled paid professional man title provides except otherwise authorized law conduct litigation agency officer thereof party interested reserved officers department justice direction attorney general title provides department justice executive department section turn provides president shall appoint department justice advice consent senate solicitor general learned law assist attorney general performance duties although conflict avoided solicitor general authorize certiorari delegate control litigation every case coordinate branch asserts interest doubt congress intended mandatory language apply congress judiciary merely solicitor general simply reallocate control litigation back whenever requested legislation enacted creating office senate legal counsel see stat et seq ed supp iii title provides directed counsel shall intervene appear amicus curiae name senate legal action proceeding pending powers responsibilities congress constitution placed issue section provides ermission intervene party appear amicus curiae section shall right relieves attorney general certain representational responsibilities notified senate counsel handling matter also requires attorney general notify counsel respect proceeding party determination attorney general solicitor general appeal decision affecting constitutionality act within time enable senate direct counsel intervene party proceeding similar statute provides representation house representatives declined coverage see conf moreover appear enacting congress intended create exception appear congress saw need rather senate determined interests congress institution make present reliance ad hoc services justice department private counsel wholly unsatisfactory representation department justice deemed unsatisfactory department justice part executive branch first foremost responsibility represent interests president executive branch thus creating unacceptable conflict interest continued reliance private representation cases involving conflict department justice also rejected high cost retaining private counsel basis need maintain consistency among legal positions taken senate often insufficient time need representation arises locate retain private counsel see essence senate saw need hire counsel need create exception permitting form legal representation congress engaged years