Civil litigation experience counts toward the prosecutor requirement.

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The statute specifically requires "an attorney for the prosecution of all criminal offenses"—meaning assistant district attorneys, assistant US attorneys, or military prosecutors. Civil litigators like Habba, who sued and defended in contract disputes and defamation cases, never exercised prosecutorial discretion to indict, plea bargain, or seek criminal penalties. Congress drew this bright line to ensure US Attorneys understand criminal procedure and defendants' rights.

Civil litigation experience counts toward the prosecutor requirement.

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