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
What does the United States Attorney General do?
Answer (1 of 19): Article II of the Constitution grants Congress the power to impeach “the president, the vice president and all civil officers of the United States.” The phrase “civil officers” includes the members of the cabinet (one of whom, Secretary of War William Belknap, was impeached in 1...
Can the new president elect to keep or remove US Attorneys?
He can be impeached as he was appointed by the President. The office of Attorney General is considered a "civil officer of government"..appointed by the President, in a cabinet level office, and thereby subject to impeachment. ALL cabinet level positions of the executive are subject to impeachment. Printer Friendly | Permalink | | Top.
How many attorneys were removed from the United States in 2006?
Jan 28, 2014 · In virtually every state, the Attorney General can bring lawsuits for violations of state consumer protection or antitrust law. Often the Attorney General can seek both penalties and injunctive relief for itself and restitution for its citizens harmed by the defendant’s alleged wrongful actions. For defendants, these lawsuits often mean litigating a high stakes lawsuit […]
Is it weird to ask an attorney general to leave office?
Attorney General of the United States, William P. Barr, a lawyer registered with the American Bar Association of New York and the District of Columbia (Registration Number: 4087250) has failed to faithfully execute his duties on behalf of his clients, the people of the United States. Under the American Bar Association's Model Rules of Professional Conduct, US Attorney General Barr …
Who can fire the Attorney General of the United States?
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.
Can a U.S. Attorney General be impeached?
Attorneys General. While impeachment proceedings against cabinet secretaries is an exceedingly rare event, no office has provoked the ire of the House of Representatives than that of Attorney General. During the first fifth of the 21st century, no less than three Attorneys General have been subjected to the process.
Who does the U.S. Attorney General report to?
President of the United StatesUnited States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consent13 more rows
What officers can the president remove?
“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 are the four legal reasons for impeachment?
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.
Can you impeach a member of the House of Representatives?
The United States Constitution (Article I, Section 5, Clause 2) provides that "Each House [of Congress] may determine the Rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." The processes for expulsion differ somewhat between the House of ...
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.
Who is above FBI?
Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.
Who was the last U.S. attorney general?
List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows
What is the removal power of the President?
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.
Can the President fire a member of an executive department or agency without the authority of the Senate?
In the absence of specific legislative provision to the contrary, the President may at his discretion remove an inferior officer whose term is limited by statute, 606 or one appointed with the consent of the Senate.
Under what circumstances can the President remove an officer from a federal executive agency?
However, the following U.S. Supreme Court cases clarified the president's sole removal authority: Myers v. United States (1926): The court held that the power to remove appointed officials, with the exception of federal judges, rests solely with the president and does not require congressional approval.
What is CAFA in class actions?
The Class Action Fairness Act of 2005 (CAFA) relaxes the diversity-jurisdiction requirements for class actions and mass actions (as defined in the act). Most notably, CAFA discards the requirement of complete diversity (which is met only where each and every plaintiff is a citizen of a state different from each and every defendant) for the more easily met "minimal diversity" standard (permitting jurisdiction where "any member of a class of plaintiffs is a citizen of a State different from any defendant"). 28 U.S.C. § 1332 (d) (2) (A).
Why did the Supreme Court grant certiorari?
The Supreme Court granted certiorari to resolve a split in the circuits. The key holding in AU Optronics is that " [b]ecause Mississippi is the only named plaintiff, [the] suit does not constitute a mass action under CAFA.".
What is the role of an attorney general?
As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.
What is the People's Lawyer podcast?
The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.
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.
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.
Issues in Brief
By tradition, all U.S. Attorneys are asked to resign at the start of a new administration. The new President may elect to keep or remove any U.S. Attorney. They are traditionally replaced collectively only at the start of a new White House administration. U.S. Attorneys hold a political office, in which the President nomi…
Fallout
- By April 2007, there was some speculation that the dismissal of the US attorneys might affect cases of public corruption and voter fraud. According to the National Law Journal, By mid-September 2007, nine senior staff of the Department of Justice associated with the controversy had resigned.The most prominent resignations include: 1. 1.1. Attorney General Alberto Gonzale…
Replacement of The U.S. Attorneys
- Initial planning
On January 6, 2005, Colin Newman, an assistant in the White House counsels office, wrote to David Leitch stating, "Karl Rovestopped by to ask you (roughly quoting) 'how we planned to proceed regarding U.S. Attorneys, whether we were going to allow all to stay, request resignation… - Implementation: The U.S. Attorney Removal List
In October 2006, George W. Bushtold Alberto Gonzales that he had received complaints that some of the U.S. Attorneys had not pursued certain voter-fraud investigations. The complaints came from Republican officials, who demanded fraud investigations into a number of Democratic cam…
Reactions and Congressional Investigation
- Initial reaction
The initial reaction was from the senators of the affected states. In a letter to Gonzales on January 9, 2007, Senators Feinstein (D, California) and Leahy (D, Vermont; Chair of the Committee) of the Senate Judiciary Committee expressed concern that the confirmation proces… - Contempt of Congress charges
On July 11, 2007, as Sara Taylor testified, George Manning, the attorney to former White House CounselHarriet Miers, announced that Miers intended to follow the request of the Bush Administration and not appear before the Committee the following day. Manning stated Miers "c…
Aftermath
- Subpoenas and lost emails
White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have po… - Appointment of U.S. Attorneys and the 2005 Patriot Act reauthorization
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. …
See Also
References and External Links
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firings Investigation". The Washington Post. 2007-03-05. Retrieved 2010-05-01.
- Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).
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