how can the attorney general be removed from office

Can a prosecuting attorney be removed from office?

Response to Original message. 5. 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.

How do you remove a district attorney from a case?

1.2 Establishment of the Office of the Attorney General. Article V, section 1 of the Arizona Constitution created the Office of the Attorney General. The constitution does not prescribe the powers or duties of the Attorney General ; rather, it mandates that the Legislature prescribe them. Ariz. Const. art. V, § 9; see also State ex rel. Woods v.

What is the term of office of Attorney General of India?

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 […]

How is the nature of the removal proceeding determined?

§ 7A-66. Removal of district attorneys. The following are grounds for suspension of a district attorney or for his removal from office: (1) Mental or physical incapacity interfering with the performance of his duties which is, or is likely to become, permanent; (2) Willful misconduct in …

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 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.

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.

Does Congress approve the Attorney General?

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.

Who can remove an inferior officer?

the PresidentIn 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.

Where is the removal power in the Constitution?

The U.S. Constitution does not include a provision pertaining to the removal of federal appointees from office. However, the following U.S. Supreme Court cases clarified the president's sole removal authority: Myers v.

What is the removal power?

Appointment and removal power, in the context of administrative law, refers to the authority of an executive to appoint and remove officials in the various branches vested in its authority to do so.

What is one group of officials that only Congress can remove from power?

Impeachment. The President and other executive officers, however, may be removed from office by Congress through the power to impeach. Impeachment itself does not remove one from office. Instead, the House of Representatives votes to impeach.

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 ...

What is John Durham's position?

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

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 US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentJeff Sessions2017-2018Loretta Lynch2015-2017Eric Holder2009-201582 more rows

What is a federal attorney?

The elected or appointed public officers of each state, county, or other political subdivision who institute criminal proceedings on behalf of the government. Federal attorneys who represent the United States in prosecuting federal offenses are U.S. attorneys. A district or prosecuting attorney is the legal representative of the state, county, ...

What does a district attorney do?

A district attorney determines when to initiate a particular prosecution and must exercise due diligence in conducting the prosecution. The individual may neither restrain the GRAND JURY from considering charges by asserting that the government will not prosecute nor dismiss a criminal charge pending before it.

What is the purpose of a statute?

Statutes provide for the appointment of assistant district attorneys to render supplementary services to the district attorney. Independent of statute, however, the courts frequently exercise discretionary power to appoint attorneys to assist the prosecuting attorney in criminal cases. Statutes primarily govern the qualifications, salary, tenure, ...

What is a special prosecutor?

Special prosecutors are attorneys appointed by the government to investigate criminal offenses involving officials of the EXECUTIVE BRANCH, since the government cannot effectively investigate itself .

What is Article 76?

Article 76 of the Indian Constitution under its Part-V deals with the position of Attorney General of India. The topic is important for IAS Exam and its three stages – Prelims, Mains and Interview. It is an important section of Indian Polity which is a significant subject in the UPSC Civil Services Examination.

Who was the first Attorney General of India?

The above-given data shows that the first Attorney General of India, M.C.Setalvad worked at his post for the longest term, i.e. for 13 years and Soli Sorabjee worked as the Attorney General was the shortest period of time. However, he was appointed for the post twice.

Who is responsible for the amendment and enforcement of laws?

Ans. The Attorney General of India is responsible for the amendment and enforcement of laws. However, the Chief Justice of India is responsible to conduct the court hearings before the law has to be enforced.