how does confirmatio of us attorney general make

by Mr. Barry Borer I 8 min read

Should I serve the Attorney General of the United States?

115 rows · 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 ...

Can the Assistant Attorney General accept service of summonses and complaints?

The Congressional Research Service, which studies and analyzes legislative matters for members of the Senate and House, breaks it down this way: First, the White House selects a prospective...

Where do I send a summons to the US Attorney General?

Sep 25, 2014 · Holder was sworn in as the 82nd Attorney General in February 2009 after serving as President Bill Clinton’s deputy attorney general, the first African-American to serve in that position. He was approved by a 75-21 vote in the Senate, and his nomination and confirmation process lasted for about two months.

How does the President fill a vacancy without Senate confirmation?

Aug 06, 2021 · The filings show that Garland made good money in private practice, $200,000 in 1993, when he worked for nine months at Arnold & Porter. But he also had a robust fortune outside of his day job ...

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How does the attorney general get confirmed?

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.

How many votes are needed for Senate confirmation?

The Constitution gives the Senate the power to approve, by a two-thirds vote, treaties negotiated by the executive branch.

How are presidential appointments approved?

The United States Constitution provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided ...

Who is the head of the DOJ?

Attorney General Garland
Meet 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.
5 days ago

Can a president confirmed Senate members?

Of these, 17 positions may be filled through appointment by the President, with the advice and consent of the Senate, or through designation by the President from among agency officials who have been confirmed by the Senate for other positions.

Which presidential appointments dont require confirmation?

The tracker includes all full-time civilian positions in the executive branch that require Senate confirmation except for judges, marshals and U.S. attorneys. Military appointments and part-time positions requiring Senate confirmation are not included.Aug 9, 2021

Who can overturn an executive order?

Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional.Apr 6, 2022

Do ambassadors need Senate approval?

Under Article II, Section 2 of the U.S. Constitution, their appointment must be confirmed by the United States Senate; while an ambassador may be appointed during a recess, they can serve only until the end of the next session of Congress, unless subsequently confirmed.

What positions do not need Senate confirmation?

PA positions (approximately 400 positions): Presidential appointments that do not require Senate confirmation. These are senior-level positions, including jobs within the Executive Office of the President such as senior White House aides and advisors.

Who appoints the US attorney general?

The President
The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L.

Is the FBI part of the Department of Justice?

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.

How many Attorney General's are there in New York?

New York Former Attorneys General
Barbara Underwood (Acting)2018
Eric Schneiderman2011 – 2018
Andrew M. Cuomo2007 – 2010
Eliot Spitzer1999 – 2006
Dennis Vacco1995 – 1998
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Who presents a signed commission to the successful nominee?

Third, the president presents a signed commission to the successful nominee and he or she is sworn in, assuming authority to carry out the duties of the office.

When are judicial nominations made?

A president’s most visible, and consequential, judicial nominations occur when a seat opens on the Supreme Court.

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 many Supreme Court nominees have been withdrawn?

Four nominees withdrew (out of seven in history). Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative.

What forms do cabinet candidates fill out?

A candidate for a Cabinet or other top position fills out various forms, such as a financial disclosure report and a national security questionnaire. The Office of Government Ethics is available to guide a candidate through the paperwork.

Which branch of government divides responsibility between the executive and judicial branches?

The Constitution divides responsibility between the executive and judicial branches - the president and the Senate.

Who shall appoint Ambassadors, other public ministers and consuls, Judges of the Supreme Court

shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.

How many times do you have to serve the Attorney General?

Attorney General is a defendant in his or her official capacity, you would technically have to serve the Attorney General twice!

Who accepts summonses and complaints?

The Attorney General has designated the Assistant Attorney General for Administration, Justice Management Division, to accept service of summonses and complaints for him/her. See 28 C.F.R. § 0.77 (j). United States Attorneys have no authority to accept service on behalf of the Attorney General.

What is the rule for serving HUD?

Rule 4 (i) (2) requires that to serve the HUD Secretary, you must “serve the United States and also send a copy of the summons and of the complaint by registered or certified mail to the agency, corporation, officer, or employee.”. So Rule 4 (i) (2) sends you right back to Rule 4 (i) (1). Rule 4 (i) (1) has two steps to effect service (provided ...

Where to send summons and complaint?

Send a copy of the summons and complaint by registered or certified mail to the U.S. Attorney General at Washington, D.C. While the address for the U.S. Attorney General is usually stated as 950 Pennsylvania Ave., NW, Washington , D.C . 20530, I would literally just write on the label “U.S. Attorney General, Washington, DC 20530.”

Did the government contested the judge's decision that service of process upon the Attorney General?

For some reason, the government never contested the judge’s determination that service of process upon the Attorney General – pursuant to Rule 4 (i) (2) and NOT Rule 4 (i) (1) (B) – was not mailed to Assistant Attorney General for Administration.

What is an assistant U.S. attorney?

Attorneys working at the direction of the United States Attorney prosecute criminal cases brought by the United States against individuals and organizations who violate criminal laws enacted by the United States Congress.

Who is the attorney for the Western District of Texas?

The Western District of Texas is one of four federal judicial districts in Texas, and one of the largest in the country. Ashley C. Hoff is the United States Attorney for the Western District of Texas and is the chief federal law enforcement officer of the United States within this district.

What happens after the Senate votes on a nomination?

Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.

How does the Senate process start?

The process begins when the president provides a written nomination to the Senate, where it is read on the floor and assigned a number. This starts the Senate's procedure of " Advice and Consent " laid out in Article II of the U.S. Constitution for the appointment of high ranking officials by the president.

What is PAS in the Senate?

All presidential appointments requiring Senate confirmation (PAS) must follow the appointment confirmation process before taking office. Although the number of PAS positions varies by administration, it typically includes all executive department secretaries, undersecretaries, and inspectors general. Some roles in independent agencies and ...

How long does a Senate nomination have to be on the executive calendar?

The nomination must be on the Executive Calendar for more than one day before it can make it to the Senate floor for consideration. Unanimous consent of the time and date for debate must be agreed upon by all senators. If even one senator does not agree, a hold is placed on the nomination.

What is required before a presidential nomination?

A chosen nominee then must pass through a series of investigations by the Federal Bureau of Investigation, Internal Revenue Service, the Office of Government Ethics and an ethics official from the agency to which the position is assigned. The nominee must also fill out the Public Financial Disclosure Report and questionnaires related to his or her background check.

Who was the secretary of commerce in 1945?

Only one cabinet position since 1945 has been confirmed by the Senate after being reported as unfavorable by a committee. Henry A. Wallace was confirmed by the Senate by a vote of 56-32 to become the secretary of commerce on March 1, 1945.

What is the right column of the Senate Committee?

The following table outlines jurisdiction of the Senate committees in terms of the presidential appointment confirmation process. The left column indicates the Senate committee, and the right indicates the federal departments and administrations over which the committee has jurisdiction. For more information on each committee, follow the link in the left column.

How Senate Confirmations Should Work

Gen. David Petraeus during the 2008 Senate confirmation hearing on his appointment to head of U.S. Central Command.

Senate Confirmations in the Modern Era

Robert M. Gates during the 2006 hearing for his appointment to Secretary of Defense.

Problems with the Senate Confirmation Process

Fourth U.S. president James Madison caved to political pressure over his choice for secretary of state. The result? The War of 1812.

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