how does congress impeach attorney general

Can the Attorney General of the United States be impeached?

Therefore, to Impeach an Attorney General one would only need to introduce and pass Articles of Impeachment in the House and to Remove one would only need to survive a full trial in the Senate and achieve a two thirds majority (presently 67 Senators). This is the same as for the President.

How does the impeachment process work in the House of Representatives?

The House of Representatives can adopt articles of impeachment by majority vote. Under current Senate rules, an impeachment trial automatically begins with the transmission of the articles of impeachment to the Senate. To be removed from office, an official has to be convicted by a 2/3 vote of the Senate.

Does Congress have the power to impeach the President?

Yes, the Constitution stipulates that Congress has the power to impeach the President, Vice President and all civil officers. Nixon Attorney General John Mitchell was a central figure in the Watergate scandal and was convicted of conspiracy and obstruction of justice in 1975. He was out of office by then so there was no need for impeachment.

Are members of Congress civil officers for impeachment?

The Senate has concluded that members of Congress (Representatives and Senators) are not "civil officers" for purposes of impeachment.

Can attorney general be impeached by Congress?

Attorneys General. While impeachment proceedings against cabinet secretaries are an exceedingly rare event, no office has provoked the ire of the House of Representatives more than that of Attorney General. During the first quarter of the 21st century, four Attorneys General have been subjected to the process.

Who can remove the 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.

What is the process for impeachment by Congress?

After the House of Representatives sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called “managers,” act as prosecutors before the Senate.

Does Congress have the Power to impeach officials?

Article I, Section 2, Clause 5: The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Who can fire the vice president of the United States?

The Constitution of the United States gives Congress the authority to remove the vice president of the United States from office in two separate proceedings.

Who does the U.S. 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

What are the grounds for impeachment?

Article II, section 4 of the U.S. Constitution defines the grounds for impeachment and conviction as ''treason, bribery, or other high crimes and misdemeanors.

Does impeachment mean removal from office?

If a federal official commits a crime or otherwise acts improperly, the House of Representatives may impeach—formally charge—that official. If the official subsequently is convicted in a Senate impeachment trial, he is removed from office.

Can a U.S. vice president be removed from office?

Article II, Section 4: 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.

What are the 2 parts of the impeachment process?

ProcedureFirst, the Congress investigates. ... Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. ... Third, the Senate tries the accused.

What does the 25th Amendment mean in simple terms?

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

Can Congress impeach federal judges?

Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate.

What's the difference between US attorney and attorney general?

The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

Has an attorney general became president?

Vice President of the United States. a member of Congress (either U.S. senator or representative) a governor of a state. a Cabinet secretary....Other federal appointees.PresidentWilliam Howard TaftOfficeSolicitor GeneralPresident appointed byBenjamin HarrisonYear(s) served1890–18926 more columns

What does the US attorney general investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

Who can prosecute a criminal case against a defendant?

A prosecutor is any person who institutes criminal proceedings by way of indictment or information on behalf of the State, who is nominally the prosecutor in all criminal cases[11].

What about impeaching members of Congress?

U.S. Sen. William Blount of Tennessee was the first individual ever impeached by the United States House of Representatives and, to this day, is the only member of Congress ever to have been impeached. The House impeached Blount on July 7, 1797, for allegedly conspiring to incite Native Americans and frontiersmen to attack the Spanish lands of Florida and Louisiana in order to give them to England. After the impeachment vote in the House, but before Blount's impeachment trial in the Senate, the Senate voted to expel Blount under provisions of Article I, Section 5 of the United States Constitution. which gives each chamber the authority to expel a member by a two-thirds vote. Due to a lack of jurisdiction in Tennessee, where Blount fled after his conviction, the Senate could not extradite Blount for his impeachment trial. Two years later, in 1799, the Senate determined that Blount was not a civil officer under the definition of the Constitution and, therefore, could not be impeached. The Senate dismissed the charges against Blount for lack of jurisdiction. Since 1799, the House has not impeached another member of Congress.

What happens when the Judiciary Committee determines grounds for impeachment?

If a majority of the committee determines grounds exist, a resolution both impeaching the individual as well as presenting the specific allegations, known as articles of impeachment, will be reported to the full U.S. House of Representatives.

What presidents have been impeached?

On February 24, 1868, President Andrew Johnson became the first sitting president to be impeached. Following Congress' passage of the Tenure of Office Act, forbidding the president from removing federal officials without the approval of Congress, Johnson fired Secretary of War Edwin Stanton and replaced him with Ulysses S. Grant. Johnson hoped to challenge the constitutionality of the Act. The House charged him with violating the Act and passed an impeachment resolution 126-47. Johnson was acquitted by the Senate on May 16, 1868, by a vote of 35-19, one vote short of two-thirds. Seven Republican senators broke ranks with the party to prevent Johnson's conviction.

What other executive branch officials have been impeached?

Secretary of War William Belknap was impeached on March 2, 1876, on charges of "criminally disregarding his duty as Secretary of War and basely prostituting his high office to his lust for private gain." The charges were passed by the House even though he had given President Ulysses S. Grant resignation papers earlier that day, and he stood trial before the Senate as a former government official, as agreed to by the Senate. He was acquitted of all charges on August 1, 1876. Following the trial, the Senate agreed not to hold trials for government officials who offered resignation.

How does the Senate vote on impeachment?

When the trial is concluded, the Senate meets in closed session to deliberate. Voting to convict on the articles of impeachment must be done in open session, and votes are tallied separately on each article . To convict on an article of impeachment, a two-thirds vote of senators present to vote is required. If the respondent is convicted on one or more of the articles, the presiding officer will pronounce the judgment of conviction and removal. The Senate may subsequently vote on whether the impeached official shall be disqualified from holding an office of public trust under the United States in the future. If the Senate considers such a motion, only a simple majority vote is required.

Why do impeachment grounds not fit neatly and logically into categories?

Congressional materials have cautioned that the grounds for impeachment 'do not all fit neatly and logically into categories' because the remedy of impeachment is intended to “reach a broad variety of conduct by officers that is both serious and incompatible with the duties of the office.' .

How many tickets were there for the impeachment trial?

Two tickets to the impeachment trial of Bill Clinton.

Who has the power to impeach the President?

Congress has the power to impeach the "president, the vice president and all civil officers of the United States" for treason, bribery and other high crimes and misdemeanors, according to Article 2 of the Constitution. That includes Cabinet members like the attorney general.

Why is impeachment not used against cabinet members?

Impeachment is not commonly used against Cabinet members because they serve at the pleasure of the president, who can decide to fire them or force them to resign because of a scandal. But Donald Trump is not likely to push out Barr, who's proved himself to be a defender of presidential power and has even drawn comparisons to Roy Cohn, Trump's former personal attorney and fixer.

When will Barr testify?

Attorney General William Barr testifies before the Senate Judiciary Committee on May 1. Some Democrats are calling for his impeachment over his handling of special counsel Robert Mueller’s report on the Russia investigation. Win McNamee/Getty Images

Is Barr facing impeachment?

William Barr is facing impeachment calls from Democrats over his handling of special counsel Robert Mueller's report on the Russia investigation, but experts warn that removing an attorney general is just as difficult as removing the president. In fact, it's never been done before.

Who questioned Barr on Mueller's report?

The next day, during an appearance before the Senate Appropriations Committee, Democrat Chris Van Hollen questioned Barr on how Mueller felt about the overall handling of the report.

Did Barr commit obstruction of justice?

Plus, Barr decided the president did not commit obstruction of justice after Mueller failed to make a final determination on the matter, despite providing evidence of possible criminal behavior.

Is lying to Congress enough to warrant impeachment?

According to Gerhardt, lying to or misleading Congress during testimony is "sufficiently serious" enough to warrant impeachment proceedings for an attorney general.

Who was the Attorney General of the United States of America in the Articles of Impeachment?

Articles of Impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Merrick Brian Garland, Attorney General, in maintenance and support of its impeachment against him for high crimes and misdemeanors.

What is the purpose of Attorney General Garland?

Attorney General Garland took an oath to defend and secure our country and uphold the Constitution when he was sworn in as Attorney General on March 11, 2021. Article II of the U.S. Const itution tasks the executive branch—which today includes the Attorney General—with ensuring the laws passed by Congress and signed into law by the President are faithfully executed.

Is Attorney General Garland unfit to be an attorney general?

Attorney General Garland’s failure to address a possible conflict of interest demonstrates that he is unfit to hold the office of Attorney General.

Did Attorney General Garland uphold his oath?

Attorney General Garland has failed to faithfully uphold his oath and has by his actions, validated the belief of many Americans that the Department of Justice has been transformed into an unstoppable, partisan, Federal weapon used to officially punish political opponents.

Who can impeach a state?

The federal House of Representatives can impeach a party with a simple majority of the House members present or such other criteria as the House adopts in accordance with Article One, Section 2, Clause 5 of the United States Constitution. Most state legislatures can impeach state officials, including the governor, ...

Which article of the Constitution provides for impeachment?

Article I , Section 2 , Clause 5 of the United States Constitution provides: The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. Article I, Section 3, Clauses 6 and 7 provide: The Senate shall have the sole Power to try all Impeachments.

What are the grounds for impeachment?

Congressional materials have cautioned that the grounds for impeachment "do not all fit neatly and logically into categories" because the remedy of impeachment is intended to "reach a broad variety of conduct by officers that is both serious and incompatible with the duties of the office". Congress has identified three general types of conduct that constitute grounds for impeachment, although these categories should not be understood as exhaustive:

Why was Blagojevich impeached?

Rod Blagojevich, Democratic Governor of Illinois, was impeached for abuse of power and corruption, including an attempt to sell the appointment to the United States Senate seat vacated by the resignation of Barack Obama. He was removed from office in January 2009.

How many civil officers are impeached?

The Constitution does not articulate who qualifies as a "civil officer of the United States". Federal judges are subject to impeachment. In fact, 15 of 20 officers impeached, and all eight officers removed after Senate trial, have been judges.

What does Article 2 Section 2 provide?

shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. Article II, Section 4 provides:

Why did Calhoun request the impeachment investigation?

Calhoun requested the impeachment investigation himself, in hopes of clearing his name from allegations he profited from a contract during his tenure as United States secretary of war.

What did Nancy Pelosi say about impeachment?

Pelosi indicated that she would prefer to delegate investigations into the president and his administration to the judiciary committee for the time being but that if those investigations led to impeachment, then so be it.

Who testified before the Senate Judiciary Committee?

U.S. Attorney General William Barr testifies before the Senate Judiciary Committee, in Washington, D.C., on May 1. Barr testified on the Justice Department’s investigation of Russian interference in the 2016 presidential election. Cries for Barr’s impeachment have grown among some Democrats. Win McNamee/Getty Images

What did Barr say about Mueller?

Cries for the impeachment of Attorney General William Barr have grown among some Democrats following the revelation that he received a letter from special counsel Robert Mueller stating that Mueller disagreed with Barr's conclusions that President Donald Trump had been cleared of obstruction of justice.

Has the Attorney General ever been impeached?

No attorney general has ever been impeached, and any impeachment efforts by Congress would be complicated and resource-sucking: The process is nearly identical to the impeachment of a sitting president.

Did Barr know Mueller supported his conclusion?

On April 10, about three weeks after Barr received the letter and had a follow-up phone call with Mueller, the attorney general testified to Senator Chris Van Hollen that he did not "know whether Bob Mueller supported my conclusion."

What's The Role of The U.S. House?

What's The Role of The U.S. Senate?

What Does The Constitution Say About Impeachment?

• Grounds for impeachment
  Article II, Section 4 of the United States Constitutionstipulates that the president, vice president, and all civil officers of the United States can be impeached and removed from office on three charges: 1. 1.1. Bribery 1.2. Treason 1.3. Other high crimes and misdemeanors Treason is defin…

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Who Is Eligible to Be Impeached?

What About Impeaching Members of Congress?

Have Any Federal Judges Been Impeached?

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