how does attorney general get confirmed

by Antonette Leuschke 3 min read

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
president of the United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces.
https://en.wikipedia.org › wiki › President_of_the_United_States
, then appointed with the advice and consent of the United States Senate.

How is the Attorney General of the United States appointed?

Jan 07, 2021 · The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy.

How do you become a state Attorney General?

Sep 25, 2014 · Under the Constitution’s Article II, Section 2, the President offers executive office nominees such as the Attorney General to the Senate …

What happens if the Attorney General is removed from office?

Feb 22, 2021 · What you need to know. President Biden's nominee for attorney general, Judge Merrick Garland, testified before the Senate for his two-day confirmation hearing. Garland was grilled by senators ...

What is the Senate confirmation process?

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 …

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Do US attorneys have to be confirmed by the Senate?

Appointment. The U.S. attorney is appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate.

Can the attorney general be fired by the president?

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 appointed attorney general Merrick Garland?

Merrick GarlandAppointed byBill ClintonPreceded byAbner J. MikvaSucceeded byKetanji Brown JacksonPersonal details22 more rows

Who is the boss of the US attorney general?

Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.

Has a US attorney general ever been 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 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.

How long does the confirmation process usually take?

Typically, the nomination and confirmation process for a justice takes several months, but it can be, and on occasion has been, completed more quickly. Since 1975, the average time from nomination to final Senate vote has been about 68 days.

How Old Is Phil Weiser?

Phil WeiserBorn1967/1968 (age 53–54)Political partyDemocraticSpouse(s)Heidi Wald ​ ( m. 2002)​EducationSwarthmore College (BA) New York University (JD)15 more rows

How do I contact DOJ Garland?

Agency DetailsWebsite: Department of Justice (DOJ)Contact: Contact the Department of Justice. Directory of Department Officials.Email: [email protected] Number: 1-202-514-2000.Forms: Department of Justice Forms.

Who reports to the US attorney general?

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

How old is Merrick Garland?

69 years (November 13, 1952)Merrick Garland / Age

Who is the DOJ now?

Attorney General Merrick B. GarlandMeet the Attorney General Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.

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.

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.

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.

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]

Why did Merrick Garland want to be Attorney General?

President Biden's attorney general nominee Merrick Garland shared his reason and motivation for wanting to confront hate and discrimination in the US justice system. Garland pointed to his own family story and grandparents who found protection in the US after fleeing anti-Semitism and persecution.

What did Garland say about the Trump administration?

On past Trump policies: While Garland declined to weigh in on some of the controversies of the Trump administration, he strongly rebuked the Trump administration's child separation immigration policy, calling it "shameful" and committing to aiding a Senate investigation into the matter.

How long was Garland's testimony before the Senate Judiciary Committee?

For more than six hours, Garland testified before the Senate Judiciary Committee and faced questions about a multitude of topics, including the politically charged investigations that await him if he's confirmed to lead the Justice Department. Here's a look at some key lines from today's hearing:

What is the Justice Department's role?

On inequality in the justice system: The attorney general nominee stressed that the Justice Department's role is meant to "serve the Rule of Law and to ensure equal justice under the law.".

How many people were charged in the Capitol riot?

Federal prosecutors have charged at least 250 people in connection with the Capitol riot, according to a CNN analysis of court records and DOJ announcements. The riot was an attempt to stop the Senate from counting the electoral votes that confirmed President Biden's win.

Does Garland support defunding the police?

Garland says he doesn't support defunding the police. These are the reasons he outlined. From CNN's Christina Carrega. Attorney General nominee, Judge Merrick Garland, does not agree with defunding the police, but is in favor of giving more resources to police departments for reform.

Is Merrick Garland still in the Senate?

The first day of Merrick Garland's confirmation hearing is still ongoing, but Senate Judiciary Chairman Dick Durbin already indicated when he thinks the nominee will be confirmed.

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 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.

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. ...

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.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What did Barr do to preserve the power of the Trump presidency?

In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur. Barr began his tenure last year by lying about the content of Special Counsel Robert Mueller’s report.

What was the name of the department that was created after the Civil War?

To mitigate the situation, Congress created the Department of Justice , an executive department with the Attorney General as its head.

What happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

Why should the Justice Department not be politicized?

The Department of Justice should be arguing to uphold the law and the office should not be politicized due to presidential influence or pressure. The Justice Department is supposed to be an independent agency and not subject to the pressure of the executive branch.

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

How many nominees have been rejected by the Senate?

3 nominees. In the past 100 years, the Senate has rejected three nominations on a recorded vote. Americans tend to think of their president as the most powerful person in the world, but the Constitution limits the power of all three branches of government—the president as well as the Congress and the federal courts.

How long is the recess for the Senate?

In the high court’s first-ever decision on the breadth of the president’s power in making recess appointments, the justices said such appointments must be made during a Senate recess lasting at least 10 days. And if the Senate says it is in session, the court ruled, it’s in session.

What is Article 2 Section 2?

Article II, Section 2 empowers the president to nominate and—“by and with the Advice and Consent of the Senate”—to appoint principal officers such as department heads as well as subordinate ones such as deputies. The process of the president’s nomination of Cabinet secretaries, and the Senate’s confirmation of them, ...

How many cabinet nominations did the Senate reject?

At this writing, the Senate has rejected only nine of a president’s Cabinet nominations. Four were made by embattled Whig-turned-Independent John Tyler in 1843 and 1844, including choices for secretary of war and treasury secretary.

When did the Senate pass a resolution allowing nominations for specific positions to bypass a committee?

In 2011, to ease the logjam of President Obama’s appointees awaiting confirmation, the Senate adopted a resolution allowing nominations for specific positions to bypass a committee and go to the full Senate for a vote. The committee still collects background, however.

What is the job of the executive clerk in the Senate?

The appropriate committee investigates the nominee, holds hearings, and reports to the full Senate.

What is the Office of Government Ethics?

The Office of Government Ethics is available to guide a candidate through the paperwork. The FBI typically does a background check and submits a report. The Office of Government Ethics, along with an ethics official from the relevant agency, reviews the financial disclosures.

What is the PAS in the Constitution?

These "PAS" (Presidential Appointment needing Senate confirmation) positions, ...

What is the Assistant Secretary of Education?

Assistant Secretary for Elementary and Secondary Education – runs the Office of Elementary and Secondary Education. Assistant Secretary for Legislation and Congressional Affairs. Assistant Secretary for Planning, Evaluation and Policy Development – runs the Office of Planning, Evaluation, and Policy Development.

How many terms of office are there for the Federal Trade Commission?

5 Commissioners of the Federal Trade Commission (political balance required; seven-year terms of office) 5 Members of the National Transportation Safety Board (political balance required; five-year terms of office - Chair, who first must be confirmed as a member, also needs to be confirmed.)

What is a PAS?

These "PAS" (Presidential Appointment needing Senate confirmation) positions, as well as other types of federal government positions, are published in the United States Government Policy and Supporting Positions (Plum Book), which is released after each United States presidential election.

How many commissioners are there for the Consumer Product Safety Commission?

5 Commissioners of the Consumer Product Safety Commission (political balance required; seven-year terms of office - Only three of the positions have been funded and filled since the mid-1980s; chair, who first must be confirmed as a member, also needs to be confirmed.)

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Overview

The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

History

Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the U…

Presidential transition

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. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

Line of succession

U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
1. United States Deputy Attorney General

See also

• Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"