how can a president fire a deputy attorney general

Can a president fire an attorney general?

Answer (1 of 2): If the person is a Civil Service Employee, then there are specific rules that must be followed to prove cause before a person can be fired. If the person is a “Politically Appointed” Employee, then he serves expressly at the Pleasure of the President. Displease the President & …

Can a special counsel be removed from office by the AG?

Jun 21, 2020 · It concluded that the president — but not the attorney general — could fire such an official. In a memorandum opinion , John M. Harmon, …

Does Trump have the authority to fire Attorney General Berman?

Jun 27, 2017 · The facts: Only the deputy attorney general who appointed Mueller can fire him and only for cause, according to special counsel regulations drawn up in the wake of the Kenneth Starr investigation ...

Can the Attorney General appoint a prosecution attorney?

Jan 06, 2018 · U.S. President Donald Trump (L) and Attorney General Jeff Sessions (R) attend a panel discussion on an opioid and drug abuse in the Roosevelt Room of the White House March 29, 2017 in Washington, DC.

Can the President remove the Attorney General?

The President of the United States has the authority to appoint U.S. Attorneys, with the consent of the United States Senate, and the President may remove U.S. Attorneys from office. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.

How is Attorney General removed?

He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

Can the Attorney General of the United States be removed from office?

Technically, no sitting President has ever fired an Attorney General they nominated to office with Senate approval. But President Trump clearly has the power to remove Sessions, based on the Constitution and past legal decisions. And most importantly, he can ask for his resignation.Jul 26, 2017

Who can the president remove from office?

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

What is the Article 78?

Article 78 of the Constitution deals with the duties of the Prime Minister with respect to the furnishing of information to the President.Jul 6, 2020

What is the Article 75?

Article 75 of the Constitution states that The Prime Minister of India is appointed by the President. ... If the party wins a majority of the seats in the Lok Sabha elections, then the President appoints the elected representative of the winning party as the Prime Minister of the country.Aug 26, 2021

What is the removal power of the president?

The president has the authority to remove his appointees from office, but the heads of independent federal agencies can only be removed for cause.

Can Congress remove a sitting Attorney General?

Yes, under the Constitution, they can. The current House can and would impeach Barr in a New York second. However, they know that the Republican Senate would not remove him. It would be a wasted effort.

What are the grounds for removing the president and vice president?

The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public ...

Can the President fire a member of an executive department or agency without the authority of the Senate?

Congress, the Court ruled, could legally restrict the president's ability to remove anyone except "purely executive officers." Two decades later, after President Dwight Eisenhower dismissed Myron Wiener from the War Claims Commission, the Supreme Court reaffirmed the legal limits to the president's removal powers.

What are three ways the President can be removed from office?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Who has the power to make decisions in courts of law?

CongressArticle III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it.

Who was the prosecutor who refused to let the Attorney General fire him?

Barr invoked the president. Geoffrey S. Berman, the United States attorney for the Southern District of New York, arrived at his office in New York on Saturday hours after defying the attorney general’s attempt to fire him.

Why did Berman call the Attorney General's Bluff?

attorney in Brooklyn, said Mr. Berman had “called the attorney general’s bluff” because only the president, not Mr. Barr, had the power to remove him.

What does Mr. Harmon argue about the power of the President?

Harmon also pointed to constitutional arguments to back his conclusion: U.S. attorneys exercise executive power, making the president responsible for the conduct of their offices, so the president “must have the power to remove one he believes is an unsuitable incumbent, regardless of who appointed him,” he wrote.

Why did Barr not fire him?

Barr could not fire him because he had been appointed by the court, and declared he intended to remain in office until the Senate confirms a successor. However, another federal law says that U.S. attorneys may be removed by the president. On its face, it makes no exception ...

How long can a prosecutor serve?

attorneys following Senate confirmation, a law permits an attorney general to appoint a prosecutor to fill those vacancies for 120 days. If that temporary appointment expires, judges can fill it. A prosecutor appointed by the court will “serve until the vacancy is filled,” the statute says.

What court opinion said a president may remove a court appointed prosecutor?

The 1979 opinion pointed to one district court opinion from 1963 — also in Manhattan — which expressed the view that a president may remove a court-appointed prosecutor. In his letter, Mr. Barr also pointed to a 2000 opinion by the federal appeals court in Boston that took the same position in passing, saying that a “president may override ...

What did Mr. Harmon write about due process?

Harmon wrote in 1979, it might violate constitutional protections for due process of law if judges overseeing cases as neutral arbiters had the power to fire prosecutors if the judges did not like how they handled their responsibilities.

Who can determine if a prosecution would undermine national security?

The attorney general serves at the pleasure of the president, and the president can determine that a prosecution would undermine the national security—a subject on which he has a wider perspective and a greater responsibility than the attorney general—and order that it not go forward.

Who appointed Newbold Morris as the Attorney General?

Attorney General J. Howard McGrath, a former governor of and senator from Rhode Island, appointed Newbold Morris as a special assistant attorney general in the Justice Department to investigate corruption.

Can the President fire the Attorney General?

The president can fire the attorney general. O bama administration spokesmen are portraying the president as unable to overrule Attorney General Eric Holder’s decision to have a special prosecutor determine whether to prosecute CIA interrogators who were cleared by Department of Justice career attorneys back in 2004.

FULL QUESTION

Can the president fire the special council himself or does he need the acting FBI director to do the firing at the president’s bidding?

FULL ANSWER

When a confidant of President Trump said on PBS on June 12 that the president was “considering perhaps terminating the special counsel,” it set off a wave of speculation about the political fallout of such a move. It also raised the question, “Can he?”

Sources

White House Website. “ Transcript: Press Gaggle by Principal Deputy Press Secretary Sarah Sanders en route Washington, D.C. ” 13 Jun 2017.

When did the President have the power to dismiss military officers?

A little history: up until the end of the Civil War, the President exercised virtually unconstrained power to dismiss military officers. However, in 1865 Congress passed legislation which purports to limit that power. That legislation was essentially the same as that found today codified in 10 USC § 1161 (a).

What is the time of war?

The Manual for Courts-Martial (itself authorized by law) defines “time of war” in its Rules for Court-Martial (RCM) Rule 103 (19) to mean: “a period of war declared by Congress or the factual determination by the President that the existence of hostilities warrants a finding that a ‘time of war’ exists… .”.

Can a three star general be dismissed?

In any event, if an officer (especially one who had been a three or four-star general) is relieved from his or her position and reverts to the lower rank of major general and still refuses to request retirement, the President may be able to dismiss the officer from the armed forces entirely.

Is the time of war a statute?

Although the phrase “time of war” is used in many U.S. statutes, there is no universally accepted definition of precisely what it means. Some court decisions indicate it means war when declared by Congress, and some statutes do use the phrase the “time of war declared by Congress .” (Italics added.)

Is a dismissal a punitive discharge?

The substitution of an administrative discharge for a “dismissal” is significant because a dismissal is a punitive discharge for an officer (it’s the equivalent of a dishonorable discharge for an enlisted person). A dismissal would extinguish almost all veterans’ benefits, as well as rights to military retirement pay.