how can acting attorney general be appointed

What are the requirements to become an attorney general?

Nov 17, 2018 · Designating an Acting Attorney General The President’s designation of a senior Department of Justice official to serve as Acting Attorney General was expressly authorized by the Vacancies Reform Act. That act is available to the President even though the Department’s organic statute prescribes an

Who is the current Attorney General?

The President nominates the U.S. Attorney General who is then confirmed by the Senate. A state Attorney General is either appointed or elected, depending on the state. Qualifications for jobs working for the Attorney General or in the Department of Justice vary depending on the position; however, they will typically require a fingerprint background check and passing a government …

Who appoints attorney general?

28 U.S. Code § 546 - Vacancies. Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate ...

Should state attorney generals be elected or appointed?

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

What is attorney general acting?

Instead, the authority to act as Attorney General is derived from one statute alone: 28 U.S.C. § 508. That authority automatically vests the power to act in the Deputy Attorney General and several other Senate-confirmed Department of Justice (DOJ) officials in a specified sequence.Jun 1, 2020

Does the attorney general have to be confirmed by Senate?

The attorney general is a statutory member of the Cabinet of the United States. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

Does the AG have to be approved by Congress?

The United States attorney general is the head of the U.S. Department of Justice. The position requires a presidential nomination and subsequent confirmation by the United States Senate.

Who is the acting attorney general now?

Jeffrey A. RosenOfficial portrait, 2019Acting United States Attorney GeneralIn office December 24, 2020 – January 20, 2021PresidentDonald Trump27 more rows

Which branch confirms presidential appointments?

the SenateThe Constitution also provides that the Senate shall have the power to accept or reject presidential appointees to the executive and judicial branches.Sep 17, 2021

What positions do not need Senate confirmation?

PA positions (approximately 400 positions): Presidential appointments that do not require Senate confirmation. These are senior-level positions, including jobs within the Executive Office of the President such as senior White House aides and advisors.

Who appoints the US attorney general?

The PresidentThe President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L.

Is the Attorney General over the Supreme Court?

Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government.

How long does the US attorney general serve?

four-yearUnder the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

Who was the last attorney general?

California Former Attorneys GeneralMatthew Rodriguez2021 – 2021Kamala D. Harris2010 – 2017Edmund G. Brown, Jr.2007 – 2011Bill Lockyer1999 – 2007Daniel E. Lungren1991 – 199929 more rows

Who was Trump's attorney general?

Jeff SessionsOfficial portrait, 201784th United States Attorney GeneralIn office February 9, 2017 – November 7, 2018PresidentDonald Trump33 more rows

How many attorney generals are there in the United States?

The current party composition of the state attorneys general is: 23 Democrats....Current attorneys general.OfficeholderTreg TaylorStateAlaskaPartyRepublicanAssumed officeJanuary 30, 2021Term expiresAppointed55 more columns

Can the AG appoint a special counsel?

Section 515 empowers the attorney general to authorize a “special assistant”—though not a “special counsel”—to conduct “any kind of legal proceeding, civil or criminal, including grand jury proceedings.” Both the Durham and Mueller appointments contain the same, critical sentence: “If the Special Counsel believes it is ...Dec 2, 2020

Who can appoint a special counsel in the United States?

At the state level In local state governments, special prosecutors are appointed by a judge, government official, organization, company or group of citizens to prosecute violations of law committed by one or more governmental agents and procure indictments for actions taken under color of state law.

What is John Durham's position?

Special Counsel for the United States Department of Justice since 2020John Durham / Office

Which of the following is a special requirement for the Attorney General?

The most common qualifications address minimum age, citizenship, residency, electoral status, and bar admission. Others prohibit the attorney general from holding multiple offices. Some states expressly prescribe these qualifications through their constitution or statute.Jun 25, 2010

What does the US Attorney General investigate?

AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.

What is counsel de officio?

WHAT IS A COUNSEL DE OFFICIO? > A counsel de officio is the counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself.

What is a special attorney?

A special power of attorney allows a person (the principal) to authorize another individual (the agent) to make legal decisions on their behalf. The agent can act on behalf of the principal only under specific, clearly defined circumstances.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

Who nominates the Attorney General?

The President nominates the U.S. Attorney General who is then confirmed by the Senate. A state Attorney General is either appointed or elected, depending on the state.

What is the job of an attorney general?

An Attorney General is the chief lawyer and law enforcement officer to the government. The United States Attorney General is a Cabinet member and the head of the Department of Justice. Each state also has its own Attorney General. Attorneys General are either elected or appointed to their position. Job duties include providing legal counsel ...

What is the job of a federal prosecutor?

Job duties include providing legal counsel and representing the government in legal matters. They are also responsible for overseeing the enforcement of laws and prosecuting violators as the head of a Department of Justice. Departments of Justice typically include different divisions, for instance, criminal, civil, and law enforcement divisions. ...

What are the different departments of justice?

Departments of Justice typically include different divisions, for instance, criminal, civil, and law enforcement divisions . Many positions exist working under an Attorney General at the state and federal Departments of Justice, including attorneys, investigators, researchers, law enforcement officers, and paralegals.

Who can appoint a United States Attorney?

28 U.S. Code § 546 - Vacancies. Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office ...

What section of the United States Code does the United States Attorney's Office have to be appointed under?

If an appointment expires under paragraph (1), the district court for that district may appoint a United States attorney for that district under section 546 (d) of title 28, United States Code, as added by this Act.”.

What happens if an appointment expires?

If an appointment expires under subsection (c) (2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.

What is an attorney general?

Attorneys-General in common law jurisdictions, and jurisdictions with a legal system which is partially derived from the common law tradition, share a common provenance.

What is the second type of attorney general?

The second type of attorney-general ("procureur-generaal", while their replacements are called "advocaat-generaal") is an independent advisor to the Supreme Court . These people give an opinion on cases (called "conclusies") in any field of law (not just criminal law), supported by a scientific staff.

What is the main legal advisor to the government?

In common law jurisdictions, main legal advisor to the government. In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, ...

What is a non common law office?

Non-common law jurisdictions usually have one or more offices which are similar to attorneys-general in common law jurisdictions, some of which use "attorney-general" as the English translation of their titles.

What is the office of the Attorney General of the Philippines?

The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring the services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes.

What is the mission of the Attorney General of Ireland?

The Mission of the Office of the Attorney General is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State.

What is the role of the Attorney General in Fiji?

In Fiji, the role of the Attorney General is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising the President), "liquor licensing" and "film censorship".

Who has the power to appoint a special counsel?

The U.S. Attorney General has the power to appoint a special counsel. In the case where the Attorney General has recused him or herself, the Deputy Attorney General has the power to appoint this individual, according to the Code of Federal Regulations: §600.1 Grounds for appointing a Special Counsel. The Attorney General, or in cases in which the ...

Who appointed the counsel for the Clinton investigation?

To do this, Congress would have to pass a law requesting that a three-judge panel of members of the U.S. Court of Appeals in Washington, D.C. appoint the counsel. The last time this method was used was for the appointment of Kenneth Starr to investigate President Bill Clinton.

Who is Barbara Jordan?

Barbara Jordan (D-TX) on the House Judiciary Committee during Watergate. Ever since various agencies and Congressional committees began investigating allegations of Russian interference in our election and the relationships between the current administration’s campaign organization and the Russians, people have been calling for a special counsel ...