how do we fire a federal appointed attorney general

Do presidents have the authority to fire US Attorneys?

Those instances when presidents have exercised the authority to fire U.S. attorneys fall on a broad spectrum, from the right and appropriate to the unjust and perhaps unlawful. On those rare occasions when there has been just cause to fire U.S. attorneys, it has been easy to identify.

Who has the authority to fire political appointees at the DOJ?

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.

Where can I find out about the firings of US Attorneys?

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.

Can I Fire my appointed counsel and appoint a new one?

Can I fire her and get another lawyer in the office? Defendants sometimes ask judges to fire their appointed counsel (P.D. or panel attorney) and appoint a new one. Often, the stated reason is something like, "My attorney and I don't see eye to eye about case strategy," or, "My attorney won't talk to me."

Who can fire US 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.

Who approves the president's 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 fire Manhattan attorney?

A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal.

How are US attorneys appointed?

U.S. Attorneys are appointed by the President and confirmed by the Senate, and they serve terms of four years or at the President's discretion.

Who is in charge of the DOJ?

Attorney General GarlandMeet the Attorney General As the nation's chief law enforcement officer, Attorney General Garland leads the Justice Department's 115,000 employees, who work across the United States and in more than 50 countries worldwide.

How does the Senate approve presidential appointments?

The Senate maintains several powers to itself: It ratifies treaties by a two-thirds supermajority vote and confirms the appointments of the President by a majority vote. The consent of the House of Representatives is also necessary for the ratification of trade agreements and the confirmation of the Vice President.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

Who appoints the district attorney for New York city?

Since the city election of 1897, the district attorney's term has coincided with the mayor's term and has been four years long. In case of a vacancy, the governor can make an interim appointment until a special election is held for the remainder of the term.

Who is the new DA in New York City?

Alvin BraggAssumed office January 1, 2022Preceded byCyrus Vance Jr.Personal detailsBornOctober 21, 1973 Manhattan, New York City, U.S.7 more rows

Are US attorneys appointed for life?

Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. Each United States attorney is subject to removal by the President.

How many U.S. federal attorneys are there?

93 United States AttorneysCharged with ensuring “that the laws be faithfully executed,” the 93 United States Attorneys work to enforce federal laws throughout the country.

How many statutory responsibilities do US attorneys have?

The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code: the prosecution of criminal cases brought by the Federal Government; the prosecution and defense of civil cases in which the United States is a party; and.

How to terminate a professional relationship with an attorney?

If your agreement doesn't outline a process for terminating the relationship, send a certified or registered letter to the attorney's place of business, stating that you are terminating the professional relationship and that he or she should immediately cease working on any and all matters related to your case.

What to do if you aren't satisfied with your attorney?

If you still aren't satisfied after bringing up your concerns, you can fire the attorney.

What to do if you don't think your attorney is handling your case?

If you don't think your attorney is handling your case with competence, it's important to find someone with whom you feel more comfortable. Firing your attorney might be the best way forward if any of the following circumstances apply to your situation: Your attorney has been dishonest with you.

What happens if your attorney is dishonest?

If you have reason to believe your attorney has stolen from you or been otherwise grossly incompetent, you need to fire your attorney.

How does wikihow mark an article as reader approved?

wikiHow marks an article as reader-approved once it receives enough positive feedback. In this case, 81% of readers who voted found the article helpful, earning it our reader-approved status.

What happens if an attorney is uncommunicative?

If your attorney has been uncommunicative, or hasn't been spending an adequate amount of time on your case, this gives him or her the chance to rise to the occasion. In an ideal situation you wouldn't have had to pressure your attorney to improve, but this outcome is still ultimately less disruptive than having to fire your attorney.

Can another attorney pick up my case?

If your attorney has already spent a lot of time on your case, it's going to be difficult for another attorney to pick up where he or she left off. It might be hard to find a new attorney who's interested in taking on your case. This is especially true if the case comes with a big lien attached. Unless the new attorney stands to win a lot of money, he or she won't have much incentive to take you on as a client.

How to end a lawyer's representation?

Steps to Take to End Your Lawyer's Representation of Your Case. Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change. Review the written agreement or contract you might have with the attorney, sometimes called a retainer agreement.

What to do if you haven't paid your attorney's fees?

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

How does changing lawyers affect your case?

Will changing lawyers be detrimental to my case or legal issue? Changing a lawyer in the middle of an active litigation is like changing pilots in the middle of a flight. It will take time for the new attorney to get familiar with the file, particularly if the case is complex. In addition to potential delays, this process might also cost you money, since your new attorney will bill you for the time spent performing that review and getting up to speed. Also consider the immediate state of your case. Is there an upcoming appearance, hearing, or motion deadline? If so, your new attorney might not have time to adequately prepare.

Why doesn't my attorney understand my case?

This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.

What is an unprofessional attorney?

The attorney is unprofessional. For example, the attorney wastes time in meetings, does not appear to be prepared for court, seems very disorganized, or in the worst-case scenario, seems to be mishandling your funds or documents. The attorney does not communicate with you.

What to do when you meet with a new lawyer?

If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.

What to do if your lawyer doesn't understand your goals?

If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.

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.

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.

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.

Can a judge fire an attorney?

Defendants sometimes ask judges to fire their appointed counsel (P.D. or panel attorney) and appoint a new one. Often, the stated reason is something like, "My attorney and I don't see eye to eye about case strategy," or, "My attorney won't talk to me." Judges rarely grant such requests, believing that most of them stem from frustration with the system rather than the reason actually stated by the defendant. Most indigent defendants must therefore either accept whatever lawyer the judge appoints or represent themselves if they are qualified to do so. The right to counsel of choice does not extend to defendants who require appointed attorneys ( U.S. v. Gonzales-Lopez, U.S. Sup. Ct. 2006).

Can a defendant file a motion for substitution of attorney?

However, if a defendant is able to offer concrete proof that communications with a court-appointed lawyer have completely broken down, the defendant may be able to successfully pursue a Motion for Substitution of Attorney.

What was the process used to fire the first seven attorneys and two others dismissed around the same time?

A subsequent report by the Justice Department Inspector General in October 2008 found that the process used to fire the first seven attorneys and two others dismissed around the same time was "arbitrary", "fundamentally flawed" and "raised doubts about the integrity of Department prosecution decisions".

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.

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."

What did Gonzales say about the dismissal of the attorneys?

He also stood by his decision to dismiss the attorneys, saying "I stand by the decision and I think it was the right decision". Gonzales admitted that "incomplete information was communicated or may have been communicated to Congress" by Justice Department officials, and said that "I never saw documents. We never had a discussion about where things stood."

Why were some of the attorneys targeted for dismissal?

Allegations were that some of the attorneys were targeted for dismissal to impede investigations of Republican politicians or that some were targeted for their failure to initiate investigations that would damage Democratic politicians or hamper Democratic-leaning voters.

Why were the seven attorneys fired?

Deputy Attorney General Paul McNulty testified before the Senate Judiciary Committee on February 6. He said that the seven were fired for job performance issues and not political considerations; these statements lead several of the dismissed attorneys, who had been previously silent, to come forward with questions about their dismissals, partially because their performance reviews prior to their dismissal had been highly favorable.

How long can an interim attorney serve?

Attorneys by deleting two provisions: (a) the 120-day maximum term for the Attorney General's interim appointees, and (b) the subsequent interim appointment authority of Federal District Courts. With the revision, an interim appointee can potentially serve indefinitely (though still removable by the President), if the President declines to nominate a U.S. Attorney for a vacancy, or the Senate either fails to act on a Presidential nomination, or rejects a nominee that is different than the interim appointee.

Who is the acting attorney general for the Russian investigation?

1 Questions from the Senate Judiciary Committee confirm that Rosenstein is the Acting Attorney General for the Russian investigation after the recusal by Sessions.

Who could fire Mueller?

Clearly, Rosenstein is the one person who could fire the special counsel, Robert Mueller. However, Trump could attempt to indirectly fire Mueller. Nixon ordered his Attorney General to fire the special prosecutor, and Trump could theoretically give similar orders to Deputy Attorney General Rod Rosenstein . . . which Rosenstein likely would not follow. Therefore, Trump has another option: firing Rosenstein and getting another Deputy Attorney General who would fire Mueller. If Trump fires Rosenstein, then orders could move down the chain of command in the Justice Department - established via an executive order of Trump's.

Why did Sessions recuse himself from the Russia investigation?

Sessions previously recused himself from any involvement in the Russia investigation due to his role as a prominent campaign adviser and surrogate.

What does it mean to be a special counsel?

To summarize: the Special Counsel is an employee of the Executive Branch and works at the pleasure of the President. Firing him would give political points to Congress which could lead to impeachment.

Can a president be impeached?

Theorectically, the President can be Impeached for anything at all as long as there is political capital to make it successful. Including acts that were done prior to election. Again, it is political, not logical which is why the extensive campaign of ridicule and vitriol can work towards removal

Can Congress impeach the President?

That being said, it would be politically impossible for him to fire this special counsel under these specific circumstances because Congress (a seperate entity and equal in power) can impeach the president for anything that has political traction.

Can a special counsel be removed from office?

The Special Counsel may be disciplined or removed from office only by the personal action of the Attorney General. The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies. The Attorney General shall inform the Special Counsel in writing of the specific reason for his or her removal.