how is there an attorney general that hasn't been confirmed

by Ms. Marcelle Berge 4 min read

Who is the Attorney General of the US?

The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies. Merrick Garland has been the United States attorney general since March 11, 2021.

Do we need a Senate-confirmed Attorney General?

Analysts say that although much of the department’s work continues no matter who is in charge of the department, it’s helpful to have a Senate-confirmed attorney general and assistant attorneys general decide on the most consequential moves.

How many former US Attorneys General are still alive?

As of January 2022, there are nine living former U.S. attorneys general, the oldest being Edwin Meese (served 1985–1988, born 1931). The most recent attorney general to die was Ramsey Clark on April 9, 2021 (served 1966–1969, born 1927).

Will Merrick Garland be confirmed as Attorney General?

Judge Merrick Garland is expected to be confirmed as attorney general this week. (Demetrius Freeman/The Washington Post)

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Does the Attorney General have to be confirmed by the Senate?

The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. 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.

Can the president replace the 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 is acting US Attorney General?

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

Does the US Attorney General appear in court?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.

Who can remove the Attorney General?

the PresidentHe 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.

Who is the top Attorney General?

Attorney General Merrick B. GarlandAttorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021. 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 many US attorneys are there?

93 United States AttorneysA U.S. ATTORNEY'S OFFICE: BASIC FACTS There are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentEric Holder2009-2015Michael B. Mukasey2007-2009Alberto R. Gonzales2005-200782 more rows

How long was Bill Barr Attorney General?

William Pelham Barr (born May 23, 1950) is an American attorney who served as the 77th and 85th United States attorney general in the administrations of Presidents George H. W. Bush and Donald Trump. New York City, U.S. From 1971 to 1977, Barr was employed by the Central Intelligence Agency.

Who is superior Attorney General or Chief Justice?

The Attorney General for India is the Indian government's chief legal advisor, and is its principal Advocate before the Supreme Court of India. They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.

Is the FBI under the DOJ?

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.

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 was the acting attorney general of the United States in 2017?

For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions, who had been nominated for the office in November 2016 by then- President-elect Donald Trump.

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.

What was the purpose of the Attorney General's Office?

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 United States solicitor general and the White House counsel .

How much does an attorney general make in 2021?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 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.

When was the Department of Justice established?

The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.

Why did Stern not perform his duties?

11, 2017, Stern’s superiors said he was not adequately performing his duties because he was “very concerned" about cases in which he was asked to prosecute an immigrant parent who had been separated from and did not know the whereabouts of their child.

Did Wilkinson receive the memo?

Wilkinson’s receipt of the memo would have made him aware that families were being separated in El Paso long before the existence of the pilot program was known to the public or even began circulating in policy memos among Trump officials in Washington.

Was Wilkinson a Trump appointee?

Wilkinson, who once served as former Attorney General Eric Holder's deputy chief of staff, was not a Trump appointee when he received the complaints about Joshua Stern, an attorney detailed to the Western District of Texas in 2017. He was handling personnel matters as the director of the Executive Office for U.S. Attorneys — a position to which he was appointed by Holder in 2014.

Did Durbin respond to Stern's request for comment?

Durbin declined to comment on his requests to reassign Stern early or his communications with Wilkinson. Stern did not respond to a request for comment.

Who is the attorney general for Garland?

Two of those whom Biden wants to be Garland’s top deputies — deputy attorney general nominee Lisa Monaco and associate attorney general nominee Vanita Gupta — had their confirmation hearing Tuesday. Biden also has nominated lawyer Kristen Clarke to run the Civil Rights Division, although she still needs to be confirmed.

When did Biden announce Garland as Attorney General?

Biden did not announce Garland as his attorney general pick until Jan. 7, and Garland did not submit his questionnaire to the Senate until later that month.

What cases did Garland take on?

Garland also will have to take on supervision of two politically sensitive cases: special counsel John Durham’s investigation of the FBI’s 2016 probe of Trump’s presidential campaign, and Delaware U.S. Attorney David C. Weiss’s investigation into Hunter Biden, the president’s son, for possible tax crimes. At his confirmation hearing, Garland notably declined to offer a firm guarantee that he would allow either matter to reach its conclusion because he had not yet been briefed on the cases, although he said he saw no reason to believe he would shut them down.

What did Wilkinson do to the law?

Not a week into the new administration, Wilkinson withdrew Sessions’s controversial “zero-tolerance” policy for illegal-entry offenses, which led to the separations of migrant parents from their children. He also retracted Sessions s guidance requiring prosecutors to charge the most serious, provable offenses in criminal cases, which drew criticism as being too heavy-handed, and rescinded Attorney General William P. Barr’s controversial directive giving prosecutors more leeway to pursue allegations of “vote tabulation irregularities” in certain cases before results are certified.

Where is Matthew Schneider now?

attorney in Detroit during the Trump administration and is now in private practice at the Honigman law firm.

Did Wilkinson rescind Sessions' criminal charges?

Although Wilkinson rescinded Sessions’s criminal charging policy, he noted that his doing so was merely an “interim measure” until new Senate-confirmed leadership was in place. Garland ultimately will have to decide what policies will guide how prosecutors can file cases, possibly including restrictions on their ability to bring charges that come with severe mandatory minimum sentences.

Who decides on the most consequential moves?

Analysts say that although much of the department’s work continues no matter who is in charge of the department, it’s helpful to have a Senate-confirmed attorney general and assistant attorneys general decide on the most consequential moves.

Who is Trump accusing of obstructing the confirmation process?

President Trump has accused Democrats of obstructing the confirmation process, though the Senate will turn next to votes on the president’s picks to lead the health and treasury departments.

Why was Sessions' nomination rejected?

The debate had been intensified by Sessions’ nomination to a federal judgeship three decades ago, which was rejected by the Senate Judiciary Committee after it was alleged that as a federal prosecutor he had called a black attorney "boy" and had said organizations like the NAACP and the American Civil Liberties Union were un-American.

What did Sessions say in his farewell address?

In his farewell address Wednesday evening, Sessions urged his erstwhile colleagues to get along better following days of bruising debate.

Who voted for Sessions?

One Democrat, Joe Manchin of West Virginia, joined Republicans in voting to confirm Sessions. Sessions himself voted present.

Did Sessions say he had racial animus?

At his hearing last month, Sessions said he had never harbored racial animus and claimed he had been falsely caricatured.

How long did it take for the Secretary of Defense to be confirmed?

Secretary of Defense. Confirmed in 2 days. Average is 0 days. Austin is the first Black person to lead the Pentagon. Austin was approved for a congressional waiver to be confirmed for the civilian post because federal law requires seven years of retirement from active duty before taking on the role.

Who was the first woman to serve as Michigan's attorney general?

In that role, Granholm worked closely with the auto industry, the dominant industry in the Great Lakes State, which could help Biden as he attempts to move the country toward electric vehicles. Granholm was also the first woman to serve as Michigan’s attorney general. Miguel Cardona. Secretary of Education.

When was Haaland elected?

Haaland had already made history in 2018 when she was elected as one of the first two Native American women in Congress. In 2016, Haaland traveled to North Dakota to take part in the protests over plans to build a pipeline underneath a key source of water for the Standing Rock Reservation. Confirmed in 34 days.

Who was the first Latino to serve as a secretary of the Department of Homeland Security?

Mayorkas is the first Latino and immigrant as secretary of the Department of Homeland Security. He was deputy secretary of Homeland Security during the Obama administration, and served as the director of the DHS's United States Citizenship and Immigration Services. Mayorkas oversaw the implementation of the Deferred Action for Childhood Arrivals program, which was an executive action under Obama that protected young undocumented immigrants who came to the US as children from deportation.

Who was the first woman to chair the Federal Reserve?

Yellen already made history as the first woman to have chaired the Federal Reserve. She previously served as the vice chair of the board, and president and chief executive officer of the Federal Reserve Bank of San Francisco. Yellen was also chair of the White House Council of Economic Advisers from 1997 to 1999.

Who was the first Latino to lead the Department of Health and Human Services?

Becerra is the first Latino to lead the Department of Health and Human Services. He most recently served as California's attorney general, and was the first Latino to hold that office in the history of the state. As the state’s attorney general, Becerra had been a chief defender of the Affordable Care Act in court.

Who was appointed to the Supreme Court after Antonin Scalia died?

President Barack Obama nominated Garland to the Supreme Court after a vacancy was created by the death of Justice Antonin Scalia in 2016. But Republicans, led by Senate Majority Leader Mitch McConnell, refused for months to hold confirmation hearings or the required vote in the chamber.

What did Garland say during his hearing?

During his hearing, Garland criticized what he called the “zero tolerance” immigration policy that was adopted in the early days of the Trump administration, Fox News reported. He also said his first order of business will be to investigate the incursion of the Capitol last month during a rally in support of Trump.

Did Merrick Garland think illegal entry should be a crime?

More Share. Attorney General nominee Merrick Garland said he hasn’t “thought about” whether illegal entry into the United States should remain a crime during his confirmation hearing on Monday. Garland, a federal appeals court judge, appeared before the Senate Judiciary Committee for seven hours on Monday and was questioned about how ...

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