how does the acting attorney general selected

What are the requirements to become an attorney general?

What are the Professional Requirements for Becoming a Lawyer?

1. Bachelor's Degree. Anyone who wants to pursue a law degree must first complete a bachelor's degree program (or its equivalent).
2. Law School. The next step is to graduate from or complete at least three years at a law school accredited by the American Bar Association, with slight variations from ...
3. State Bar Exam. ...
4. Character and Fitness Review. ...
5. Oath. ...

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Who is the current Attorney General?

Truss, also, is a representative of a preposterous liar, her boss. And it was somewhat unfortunate timing that as she stood there, trying to find the suitable mask of disdain to wear for her vanity photographer in the crowd, in London, Sir John Major was giving a little speech of his own.

How does an attorney general get elected?

Three states held elections for attorney general in 2019:

• Kentucky
• Louisiana
• Mississippi

How to become the Attorney General?

In his speech, the attorney general said the Justice Department had also stepped ... The threats “are permeating so many parts of our national life that they risk becoming normalized and routine if we do not stop them,” he warned.

What is Attorney General acting?

The President's designation of an official who does not hold a Senate-confirmed office to. serve, on a temporary basis, as Acting Attorney General was consistent with the Ap-

Who is the current acting NJ Attorney General?

On January 16, 2018, Gurbir S. Grewal was sworn in as New Jersey's 61st Attorney General.

Who is the Attorney General in UK?

Hon Suella Braverman QC MPThe Rt Hon Suella Braverman QC MP Suella Braverman was appointed Attorney General on 13 February 2020.

Who can fire a US 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.

What happened to nj AG?

On June 29, 2021, Grewal announced he would be resigning as New Jersey's attorney general to take an appointment as Director of the U.S. Securities and Exchange Commission's Division of Enforcement, beginning July 26, 2021.

Who is the state Attorney General of New York?

Letitia James (Democratic Party)New York / Attorney generalLetitia Ann "Tish" James is an American lawyer, activist, and politician. She is a member of the Democratic Party and the current Attorney General of New York, having won the 2018 election to succeed appointed Attorney General Barbara Underwood. Wikipedia

How is the UK Attorney General appointed?

Her Majesty's Attorney General for England and Wales is one of the law officers of the Crown....Attorney General for England and WalesAttorney General's OfficeStyleThe Right HonourableReports toPrime Minister of the United Kingdom Secretary of State for JusticeAppointerThe Monarch on advice of the Prime Minister6 more rows

Is Attorney General part of Parliament?

The Attorney General of India can be a member of any committee of the Parliament. The Attorney General of India possesses no voting rights when he takes part in proceedings of the Parliament. The Attorney General of India is not considered as a government servant, rather is a part of the Union Executive.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Can President remove Attorney General?

The Constitution mentions no specified tenure of Attorney General. Similarly, the Constitution also does not mention the procedure and ground of his removal. You may know the following facts about his office: He can be removed by the President at any time.

Who has authority over U.S. Attorney?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

Can a U.S. 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.

When did the Supreme Court decide that acting officers are entitled to pay for their services?

Well before the Supreme Court’s foundational decision in Eaton in 1898, courts approved of the proposition that acting officers are entitled to payment for services during their temporary appointments as principal officers. See, e.g., United States v. White, 28 F. Cas. 586, 587 (C.C.D. Md. 1851) (Taney, Circuit J.) (“[I]t often happens that, in unexpected contingencies, and for temporary purposes, the appointment of a person already in office, to execute the duties of another office, is more conven-ient and useful to the public, than to bring in a new officer to execute the duty.”); Dickins, Rep. C.C. 9, at 17, 1856 WL 4042, at *3 (finding a chief clerk was entitled to additional compensation “for his services[] as acting Secretary of the Treasury and as acting Secretary of State”). Most signifi-cantly, in Boyle, the Court of Claims concluded that the chief clerk of the Navy (who was not Senate confirmed) had properly served as Acting Secretary of the Navy on an intermittent basis over seven years for a total of 466 days. Rep. C.C. 44, at 8, 1857 WL 4155, at *1–2 (1857). The court expressly addressed the Appointments Clause question and distinguished, for constitutional purposes, between the office of Secretary of the Navy and the office of Acting Secretary of the Navy. Id. at 8, 1857 WL 4155 at *3 (“It seems to us . . . plain that the office of Secretary ad interim is a distinct and independent office in itself. It is not the office of Secre-

What is Whitaker's role in the Vacancies Reform Act?

That Act provides three mecha-nisms by which an acting officer may take on the functions and duties of an office, when an executive officer who is required to be appointed by the President with the advice and consent of the Senate “ dies, resigns, or is otherwise unable to perform the functions and duties of the office .”

Is Whitaker an Acting Attorney General?

The constitutionality of Mr. Whitaker’s designation as Acting Attorney General is supported by Supreme Court precedent, by acts of Congress passed in three different centuries, and by countless examples of execu-tive practice. To say that the Appointments Clause now prohibits the President from designating Mr. Whitaker as Acting Attorney General would mean that the Vacancies Reform Act and a dozen statutes were unconstitutional, as were countless prior instances of temporary service going back to at least the Jefferson Administration.

What did Attorney General Garland do before becoming a judge?

Before becoming a federal judge, Attorney General Garland spent a substantial part of his professional life at the Department of Justice. He served in both career and non-career positions under five Attorneys General, including as Special Assistant to the Attorney General, Assistant United States Attorney, Deputy Assistant Attorney General in the Criminal Division, and Principal Associate Deputy Attorney General. In those roles, his responsibilities spanned the work of the Department, including criminal, civil, and national security matters. They also included direct supervision of investigations and prosecutions of national importance , including the Oklahoma City bombing, Unabomber, and Montana Freemen cases.

How long has Attorney General Garland been on the bench?

He served as Chief Judge from February 12, 2013 until February 11, 2020 and remained on the bench until his confirmation as Attorney General. In addition to being a published author in the Harvard Law Review and Yale Law Journal, Attorney General Garland has taught as a professor at Harvard Law School, served as the president of the Board ...

When did Garland return to the Department of Justice?

He returned to the Department of Justice as Assistant U.S. Attorney for the District of Columbia from 1989 to 1992. After briefly returning to Arnold & Porter in 1992, Attorney General Garland continued his career in public service as Deputy Assistant Attorney General in the Criminal Division.

What is the job of the Attorney General?

The attorney general is responsible for legally representing the United States and advising ...

Who was the first African American to serve as a deputy attorney general?

Holder was the first African-American to serve as the U.S. attorney for Washington, D.C., and the first African-American to be deputy attorney general. As attorney general, he was also the highest-ranking African-American person in law enforcement in the United States.

Who is responsible for representing the United States?

The attorney general is responsible for legally representing the United States and advising the president and heads of executive departments when his or her opinion is needed. The attorney general also may appear before the Supreme Court.

Who would act as attorney general if Rosenstein is unavailable?

The statute further provides that if both the attorney general and the deputy attorney general are unavailable or unable to serve, the associate attorney general “shall act” as attorney general. Thus if Rosenstein is unavailable to act—whether as a result of a recusal, resignation, or termination—under this provision Associate Attorney General Rachel Brand would act as attorney general.

How long can a first assistant serve in the Senate?

An acting official designated under the VRA can serve for 210 days (or more, in certain circumstances).

What is the DOJ section 508?

Section 508 directly addresses DOJ succession and provides that “ [i]n case of a vacancy in the office of Attorney General, . . . , the Deputy Attorney General may exercise all the duties of that office.” Consequently, if Sessions is fired or resigns, under this provision Deputy Attorney General Rod Rosenstein would assume the attorney general’s authorities.

Can an associate attorney general serve as an acting attorney general?

The same reasoning would not apply to the deputy and associate attorneys general, who are expressly specified in section 508 by Congress (rather than by attorney general designation) to serve as acting attorney general in the event of a vacancy. The tenor of section 508—which directly imbues the deputy attorney general with the authorities of the attorney general in the event of a vacancy, and further provides that the associate attorney general “shall” serve as acting attorney general if both the attorney general and the deputy are unavailable—suggests that Congress intended their respective places in the succession order to be mandatory. As a matter of statutory interpretation, this sort of specific direction generally takes precedence over more general provisions. Indeed, section 508 would arguably give the deputy attorney general the authority to “exercise all of the duties” of the attorney general even if another official was designated to act under the VRA, an anomalous result that would leave two officials with potentially conflicting authority. So OLC (or, if there is ensuing litigation, the courts) might conclude that the VRA provides an alternative mechanism to section 508 only when the offices of the deputy and associate attorneys general are vacant. (Reading the statute this way, though, requires concluding that section 508 ’s clarification that the deputy attorney general “is the first assistant to the Attorney General” for purposes of the VRA does not incorporate the VRA in full.)

Can the President designate an acting attorney general?

Whether the president can designate someone under the VRA to serve as acting attorney general in place of a confirmed deputy or associate attorney general is unresolved. After Attorney General Alberto Gonzales resigned, a 2007 Office of Legal Counsel opinion held that the president could designate the assistant attorney general for the Civil Division to serve as acting attorney general under the VRA notwithstanding the fact that a Senate-confirmed solicitor general was available to serve pursuant to the attorney general’s designation under section 508. But the positions of deputy attorney general and associate attorney general were vacant at the time, and the opinion rests in part on the view that it would be odd for the attorney general’s designation to take precedence over the president’s designation.

Will Jeff Sessions resign?

Although Attorney General Jeff Sessions has reportedly expressed no inclination to resign, President Donald Trump’s evident and quite public “ disappointment ” over Sessions’s ( clearly correct) decision to recuse himself from investigations relating to the 2016 presidential campaign raises the prospect of a potential vacancy in the office of the attorney general. Such a vacancy would render arcane Department of Justice succession rules tremendously consequential, as the person who would act to fill that vacancy could assume the mantle of supervising Special Counsel Robert Mueller’s investigation until a new attorney general is confirmed.

Can the President fill a vacancy through the VRA?

In the event that Sessions is fired, there is a second question regarding the president’s authority to fill the resulting vacancy through the VRA. As Stephen Vladeck points out, it is not clear that the VRA “applies when the previous officeholder is fired (the statute is triggered when the current officeholder ‘dies, resigns, or is otherwise unable to perform the functions and duties of the office’),” and the moral hazard created by allowing the president wide discretion to make an unreviewable temporary appointment to act in place of a Senate-confirmed official he fired is one good reason why this omission might have been intentional on Congress’s part. On the other hand, for most positions there is no mechanism to fill a vacancy temporarily other than the VRA, and it would be odd if there were no mechanism whatsoever to fill vacancies that result from a termination pending confirmation of a replacement.

What is the role of the Attorney General?

The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice .

How long does an attorney general serve?

Elected attorneys general serve a four-year term, except in Vermont, where the term is two years. Seven states do not popularly elect an attorney general. In Alaska, Hawaii, New Hampshire, New Jersey, and Wyoming, the attorney general is a gubernatorial appointee. The attorney general in Tennessee is appointed by the Tennessee Supreme Court ...

How many terms can an attorney general serve in Puerto Rico?

Many states have passed term limits limiting the selection to 2 consecutive terms (9 states); 2 terms maximum (4 states), but 33 states still have no term limits.

When does the Attorney General appoint a special counsel?

According to the Code of Federal Regulations ( Title 28 , Chapter VI , Part 600, Section 600.1): “The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -.

Who decides what the special counsel is to investigate?

The attorney general decides what the special counsel is to investigate, and what the jurisdiction of the special counsel will be – meaning what authority they have to investigate and prosecute a crime.

What is a special prosecutor?

A special prosecutor – the are called special counsel now – is a lawyer appointed to investigate a specific legal case. The person appointed as a special counsel has nearly unlimited means to investigate an issue, and has to answer to virtually no one during the investigation.

How long does it take to get a criminal investigation started?

An investigation could take up to nine months, though there is no time frame for one.

Where does the special counsel come from?

Most often, a special counsel comes from within the Justice Department. Who appoints a special counsel? A special counsel could be appointed by either the attorney general, or, in this case as Attorney General Jeff Sessions has recused himself from the Russian interference investigation, the deputy attorney general.

Is a special counsel appointment unreviewable?

The decision to appoint or not appoint a special counsel is "unreviewable" according to the Code of Federal Regulations.