United States Attorney Brian J. Kuester Announces Submission of Resignation

MUSKOGEE, OKLAHOMA – Today United States Attorney Brian J. Kuester announced that he has submitted his resignation to President Biden, to be effective 11:59 PM on February 28, 2021. It is customary for newly elected presidents to ask for the resignations of United States Attorneys appointed by the previous administration. Kuester was nominated by President Trump and confirmed by the United States Senate in 2017. He took office on September 25, 2017. Immediately prior to his appointment, he was serving his second term as District Attorney for Oklahoma’s 27th District, which serves Adair, Cherokee, Sequoyah, and Wagoner Counties. 

As the United States Attorney, Kuester served as the chief federal law enforcement officer in the Eastern District of Oklahoma and was thereby responsible for all federal criminal prosecutions and civil litigation involving the United States in the district. Twenty-six of Oklahoma’s counties are within the Eastern District as well as the headquarters of each of the Five Civilized Tribes – the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole Nations. 

During his term, Kuester led the United States Attorney’s Office through several unprecedented challenges, including the longest federal government shutdown in history, a worldwide pandemic, and the impact of the U. S. Supreme Court’s landmark decision, McGirt v. Oklahoma. Despite these extraordinary circumstances, the office indicted more cases and defended more cases in which the United States had an interest than it had in previous administrations.

“I am proud of the quality and quantity of the work our office has accomplished. We have made the Eastern District a safer place to live, work, and raise a family, and protected the interests of the United States. But I am more proud that we accomplished this work by adherence to the enduring core values of the Department of Justice – Equal Justice Under the Law; Honesty and Integrity; Commitment to Excellence; and Respect for the Worth and Dignity of Each Human Being – and a renewed emphasis on our working relationships with federal, state, and tribal law enforcement agencies,” said Kuester. “Our relationships with our law enforcement partners have never been stronger. We have seen unprecedented team work by the law enforcement community serving the people of this district.”

Although the McGirt decision was decided in July 2020, the full impact of the decision has not yet been felt. It is anticipated decisions by the Oklahoma Court of Criminal Appeals in the coming weeks may extend the rationale of the McGirt decision, which currently applies only to the Muscogee (Creek) Nation, to the remaining four of the Five Civilized Tribes. If that occurs, the entire Eastern District will be recognized as Indian Country, greatly expanding federal criminal jurisdiction. The United States Attorney’s Office has been a leader in preparing the district for that potential. The re-recognition of the Muscogee (Creek) Nation has led to over a 1,500% increase in Violent Crime in Indian Country matters referred to the U.S. Attorney’s Office in the seven months since the decision. 

“We have worked closely with federal, state, and tribal agencies to prepare for the exponential increase in criminal cases over which the federal government will have primary jurisdiction. We have offered training on Indian Country Jurisdiction throughout the district; we have restructured our office – historically one of the smallest U.S. Attorney’s Office in the country – to better manage the drastic caseload increase; we have worked closely with the FBI to streamline the case intake process; we have transparently shared and received information with our law enforcement partners; and we have indicted many more defendants than ever  before in such a short period of time,” said Kuester. “The response by the men and women in this office and the Federal Bureau of Investigation has been nothing short of heroic. I am not surprised by that, it’s what I have come to expect of them. I have no doubt that great service will continue.” 

By virtue of the Vacancies Reform Act, Christopher J. Wilson, the current First Assistant United States Attorney, will serve as the Acting United States Attorney upon Kuester’s departure from the office.

“I am thankful to President Trump, Senators Inhofe and Lankford, and other members of the Senate for entrusting me with this office and the sacred mission it is responsible for,” said Kuester. “As I drive away from the office for the final time I’ll do so with the utmost confidence, trust, and respect for the men and women who will continue to carry out the most vital roles in government – upholding the Constitution, the administration of justice, and protecting the fiscal interests of our great Nation. Having had an opportunity to work alongside them in that very important work for nearly 3 ½ years has been the highlight of my professional career.”