how can the us attorney general be removed from office

by Rubye Bosco IV 4 min read

Could an attorney general be removed just like a president?

When someone is appointed and they turn out to be a crook they are fired. But the Attorney General of the United States swears an oath when he takes office to support and defend the Constitution of the United States. THAT SHOULD BE HIS FIRST PRIORITY. And if he does not support the constitution and it is proved, isn't he guilty of TREASON.

Can the Attorney General be impeached?

Jul 26, 2017 · Another Attorney General, Henry Stanbery, quit in 1868 to serve as Andrew Johnson’s impeachment trial attorney. President Ulysses Grant also called for the resignation of Ebenezer Hoar in 1870 to bring in an Attorney General with southern roots, Amos Akerman. But then Grant requested Akerman’s resignation 13 months later.

How many attorneys were removed from the United States in 2006?

Impeaching Merrick Brian Garland, Attorney General of the United States, for civil and constitutional rights violations. Resolved, that Merrick Brian Garland, Attorney General of the United States, is impeached for civil and constitutional rights violations. In his conduct while Attorney General of the United States—and in violation of his constitutional oath faithfully to …

Will Congress consider removing Attorney General William Barr?

The Attorney General of the United States can be impeached like any other officer of his/her level, yes. That is, they can be impeached in the House and convicted in the Senate. They can be impeached for treason, bribery, or high crimes and misdemeanors. This …

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Can the US 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.

How do you get rid of the US attorney general?

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 does the US 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

Can the President remove appointed officials?

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 a U.S. district attorney be fired?

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.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

What is above the FBI?

Central Intelligence Agency. Federal Bureau of Investigation. Introduction. The Central Intelligence Agency (CIA) is a civilian foreign intelligence service of the United States federal government, tasked with gathering, processing, and analyzing national security information from around the world.

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

How big is DOJ?

The Department of Justice is the world's largest law office, employing more than 9,200 attorneys.

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.

Can the president fire inferior officers?

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.

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

Presidents enjoy broad discretion to fire cabinet secretaries and political appointees within the executive office. The president's freedom to dismiss directors of administrative agencies, however, is usually subject to terms set by Congress.

Who replaced Sampson as Attorney General?

Sampson's replacement as the Attorney General's temporary chief of staff was U.S. Attorney for the Eastern District of Virginia, Chuck Rosenberg. Rosenberg initiated a DOJ inquiry into possibly inappropriate political considerations in Monica Goodling's hiring practices for civil service staff. Civil service positions are not political appointments and must be made on a nonpartisan basis. In one example, Jeffrey A. Taylor, former interim U.S. attorney for the District of Columbia, tried to hire a new career prosecutor, Seth Adam Meinero, in the fall of 2006. Goodling judged Meinero too "liberal" and declined to approve the hire. Meinero, a Howard University law school graduate who had worked on civil rights cases at the Environmental Protection Agency, was serving as a special assistant prosecutor in Taylor's office. Taylor went around Goodling, and demanded Sampson's approval to make the hire. In another example, Goodling removed an attorney from her job at the Department of Justice because she was rumored to be a lesbian, and, further, blocked the attorney from getting other Justice Department jobs she was qualified for. Rules concerning hiring at the Justice department forbid discrimination based on sexual orientation.

Who was the DOJ attorney general in 2006?

Attorney General Gonzales, in a confidential memorandum dated March 1, 2006, delegated authority to senior DOJ staff Monica Goodling and Kyle Sampson to hire and dismiss political appointees and some civil service positions.

Why was Kevin Ryan fired?

Kevin Ryan (R) Though described as "loyal to the Bush administration," he was allegedly fired for the possible controversy that negative job performance evaluations might cause if they were released. John McKay (R) Was given a positive job evaluation 7 months before he was fired.

Who resigned from the White House?

Officials who resigned. Alberto Gonzales, United States Attorney General, former White House Counsel. Kyle Sampson, Chief of Staff to the Attorney General. Michael A. Battle, Director of the Executive Office for U.S. Attorneys. Michael Elston, Chief of Staff to the Deputy Attorney General.

Why are emails about the firing of attorneys lost?

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 potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher."

Who can appoint an attorney?

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. Before March 9, 2006, such interim appointments expired after 120 days, if a Presidential appointment had not been approved by the Senate. Vacancies that persisted beyond 120 days were filled through interim appointments made by the Federal District Court for the district of the vacant office.

Was the White House misled by the Department of Justice?

Members of Congress investigating the dismissals found that sworn testimony from Department of Justice officials appeared to be contradicted by internal Department memoranda and e-mail, and that possibly Congress was deliberately misled. The White House role in the dismissals remained unclear despite hours of testimony by Attorney General Gonzales and senior Department of Justice staff in congressional committee hearings.

Who appointed Berman as Attorney General?

That is how Mr. Berman became U.S. attorney. He was initially appointed by the attorney general at the time, Jeff Sessions , and federal judges in Manhattan reappointed him after the 120-day period expired. In his statement Friday night, Mr. Berman indicated that Mr. Barr could not fire him because he had been appointed by the court, ...

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.

Who fired Barr?

That set up the possibility of a protracted fight in court until Mr. Barr told the U.S. attorney, Geoffrey S. Berman, on Saturday that the president had fired him, and he acquiesced.

Who is Geoffrey Berman?

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. Credit... WASHINGTON — The declaration by the top federal prosecutor in Manhattan on Friday night that he would stay in his job ...

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Issues in Brief

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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…
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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…
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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…
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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…
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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. …
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See Also

References and External Links

  1. Resignation letters and emails, and other related documents hosted by WSJ
  2. 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.
  3. The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
  1. Resignation letters and emails, and other related documents hosted by WSJ
  2. 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.
  3. 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.
  4. Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).