Which government participant is typically involved in a preliminary hearing?

• A. The defendant
• B. The court reporter
• C. AUSA
• D. The defense counsel

Answer: (C)

In a preliminary hearing, the government must show probable cause that a crime was committed and that the defendant is connected to it. The person who leads that presentation is the prosecutor, typically an Assistant United States Attorney, who presents evidence and questions witnesses to establish probable cause. The defendant is the subject of the hearing and may testify or present evidence, but they are not the one presenting the government's case. The defense counsel represents the defendant and may cross-examine witnesses and offer defenses, but again, they’re not the government participant. The court reporter records the proceedings, but their role is to document what happens, not to advocate for the government. Therefore, the most typical government participant at a preliminary hearing is the AUSA.