how long can an acting attorney general run the doj

by Prof. Darryl Bahringer 3 min read

210 days

Is the appointment of the Acting Attorney General unconstitutional?

Sep 17, 2007 · Acting Attorney General . The President may designate an Acting Attorney General under the Vacancies Reform Act, even if an officer of the Department of Justice otherwise could act under 28 U.S.C. § 508, which deals with succession to the office of the Attorney General. September 17, 2007 . M.

When did Whitaker resign as Attorney General?

Aug 06, 2021 · He was doing a dry run for a coup long in the making. ... after Attorney General Bill Barr left the Justice Department (DOJ) in late December of 2020, Trump pressured acting Attorney General ...

How many background checks does DOJ do a year?

Jul 30, 2021 · Trump to DOJ last December: 'Just say that the election was corrupt + leave the rest to me'. (CNN) Former President Donald Trump pressured acting Attorney General Jeffrey Rosen to declare that the ...

How long has the Pardon Attorney been involved with the President’s power?

Dec 07, 2021 · The Attorney General had administrative responsibility for pardon application review, 1853-70, although the Department of State continued to issue pardon warrants until a Presidential order of June 6, 1893, transferred this function to the Department of Justice.

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Does the attorney general control the DOJ?

The mission of the Office of the Attorney General is to supervise and direct the administration and operation of the Department of Justice, including the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Bureau of Prisons, Office of Justice Programs, ...

How long does the U.S. Attorney General serve?

four-yearUnder the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

Is the attorney general the head of the DOJ?

Washington, D.C. 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.

Who runs the DOJ?

the Attorney GeneralMeet 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

Are US attorneys appointed for life?

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. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified.

Who was the last attorney general?

California Former Attorneys GeneralMatthew Rodriguez2021 – 2021Kamala D. Harris2010 – 2017Edmund G. Brown, Jr.2007 – 2011Bill Lockyer1999 – 2007Daniel E. Lungren1991 – 199929 more rows

Is CIA under DOJ?

Since 2004 the CIA is organized under the Office of the Director of National Intelligence (ODNI). Despite transferring some of its powers to the DNI, the CIA has grown in size as a response to the September 11 attacks....Central Intelligence Agency.Agency overviewWebsitewww.cia.gov11 more rows

How much does the attorney general of California make?

Attorney General of CaliforniaInaugural holderEdward J. C. Kewen 1849FormationCalifornia ConstitutionSalary$151,127Websiteoag.ca.gov5 more rows

Who investigates the DOJ?

The OIG investigates alleged violations of criminal and civil laws by DOJ employees and also audits and inspects DOJ programs. The Inspector General, who is appointed by the President subject to Senate confirmation, reports to the Attorney General and Congress.

Is FBI under 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 higher than the FBI?

Comparison chartCIAStands forCentral Intelligence AgencyIntroductionThe Central Intelligence Agency (CIA) is a civilian foreign intelligence service of the United States federal government, tasked with gathering, processing, and analyzing national security information from around the world.10 more rows

Who makes up the DOJ?

The Department of Justice – or “DOJ” – is the agency responsible for enforcing the federal law of the United States. 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.

Jeffrey Clark was no Justice Department rogue. He was doing a dry run for a coup long in the making

It's no secret that former President Donald Trump plotted to overturn the 2020 election if he lost. He had set up the scenario for months, even declaring at one point that the only way the Democrats could win the election was by stealing it.

Heather Digby Parton

Heather Digby Parton, also known as " Digby ," is a contributing writer to Salon. She was the winner of the 2014 Hillman Prize for Opinion and Analysis Journalism.

Potential testimony

Trump's suggestion in the documents that he and Republican lawmakers would be able to intervene in the election result is the latest evidence that Trump believed he could overturn the election through the January 6 congressional certification of the Electoral College results, in which Trump's allies attempted to throw out the election results of several states..

Trump floated firing more DOJ officials

Trump suggested during the call that he might replace Rosen with then-Assistant Attorney General Jeffrey Clark, who had who reportedly urged Trump to make him acting attorney general instead of Rosen.

Who was the acting attorney general for Mueller?

With the resignation of Sessions on November 7, 2018, Whitaker was appointed to serve as Acting Attorney General under the Federal Vacancies Reform Act of 1998. In that position, he directly supervised Robert Mueller 's Special Counsel investigation, which had previously been supervised by Deputy Attorney General Rod Rosenstein in his role as Acting Attorney General, due to the recusal of Attorney General Jeff Sessions.

What did Whitaker say about the courts?

Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the constitutionality of the acts of the other branches of government, and several other Supreme Court holdings. When Whitaker later became acting Attorney General four years later, Harvard Law School professor Laurence Tribe commented on Whita ker's views that "the overall picture he presents would have virtually no scholarly support", and that they would be "'destabilizing' to society if he used the power of the attorney general to advance them".

Why did Whitaker not recuse himself?

They also said that it was a "close call" and his decision, but in their opinion he "should recuse himself because 'a reasonable person with knowledge of the relevant facts' would question his impartiality due to the statements he had made to the press." Whitaker decided not to recuse himself, not wanting to be the first attorney general "who had recused [himself] based on statements in the news media."

Where was Matthew Whitaker born?

Early life, education, and college football career. Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009.

Who replaced Jody Hunt?

On September 22, 2017, a Justice Department official announced that Sessions was appointing Whitaker to replace Jody Hunt as his chief of staff. George J. Terwilliger III, a former U.S. attorney and deputy attorney general, said in his role as chief of staff, Whitaker would have dealt daily with making "substantive choices about what is important to bring to the AG".

Why did Whitaker join Trump's legal team?

Trump saw Whitaker's supportive commentaries on CNN in the summer of 2017, and in July White House counsel Don McGahn interviewed Whitaker to join Trump's legal team as an "attack dog" against Robert Mueller, who was heading the Special Counsel investigation. Trump associates believe Whitaker was later hired to limit the fallout of the investigation, including by reining in any Mueller report and preventing Trump from being subpoenaed. On November 13, a DOJ spokesperson said that Whitaker would seek advice from ethics officials at the Department of Justice (DOJ) about whether a recusal from overseeing the Russia investigation was warranted.

What did Whitaker say about Mueller?

During a six-month span in 2017, Whitaker insisted that there was no obstruction of justice or collusion and criticized the initial appointment of the special counsel. He also called the probe "political" and "the left is trying to sow this theory that essentially Russians interfered with the U.S. election, which has been proven false". He also published an op-ed titled, "Mueller's Investigation of Trump Is Going Too Far" in which he expressed skepticism about the investigation generally and called the appointment of Mueller "ridiculous". He also retweeted a link to an article that referred to the investigation as a "lynch mob".

How long does it take to reapply for a pardon?

A person whose request for a pardon is denied may reapply anytime after two years from the date of the President’s denial of the request. To reapply for a pardon or commutation, a person must complete and submit a new application form that contains current information in response to all questions.

What is the power of the President to grant clemency?

The President’s clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: “The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”. Thus, the President’s authority to grant clemency is limited ...

Who was responsible for the pardon of the President?

Responsibility for exercising the pardon power vested in the President by Article II, section 2, of the Constitution was shared by the Secretary of State and the Attorney General from 1789-1853. The Attorney General had administrative responsibility for pardon application review, 1853-70, although the Department of State continued ...

What does commutation of sentence mean?

A commutation of sentence reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction.

What is a pardon for a crime?

A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence.

What is the Privacy Act of 1974?

The Privacy Act of 1974, 5 U.S.C. § 552a, establish es a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies.

Why is a pardon important?

However, a pardon will facilitate removal of legal disabilities imposed because of the conviction, and should lessen to some extent the stigma arising from the conviction. In addition, a pardon may be helpful in obtaining licenses, bonding, or employment.

How long does it take for the FBI to process a name check?

This allows the DOJ to process the request for the FBI name check and forward it to the FBI within the required 90 days.

What is the California Department of Justice?

The California Department of Justice (DOJ) is mandated to maintain the statewide criminal record repository for the State of California. In this capacity, sheriff, police and probation departments, district attorney offices, and courts submit arrest and corresponding disposition information. The DOJ uses this information to compile records ...

Where are background checks sent?

The results of background checks are sent to the agency (the agency who requested the criminal background check,) except where statutorily mandated. There are very few instances where statute mandates a second copy of the response be sent to another agency when certain conditions exist. For example, pursuant to Health and Safety Code 1522 if there is no matching fingerprint in the criminal history database a copy of the background check results is also sent to the community care licensing facility, foster family home, or a certified family home of a licensed foster family agency. The community care licensing facility, foster family home, or a certified family home of a licensed foster family agency is not considered an authorized applicant agency, such as the Department of Social Services is, and therefore, is not statutorily authorized to receive the results of a background check containing criminal history.

What is a BCIA 8016?

The background check process begins when an applicant agency provides an applicant with a BCIA 8016, REQUEST FOR LIVE SCAN SERVICE form. The applicant completes the form with his/her personal information and takes the form to a live scan operator where the applicant must provide the appropriate identification. In California, fingerprinting must be performed by a certified fingerprint roller or qualified law enforcement personnel.

Why are fingerprints delayed?

For example, poor fingerprint quality or incorrect data in the electronic transaction can cause a delay.

What does the FBI do with fingerprints?

If the applicant’s fingerprints match fingerprints in the national criminal history database, the FBI sends the DOJ a cumulative RAP sheet that contains criminal history information from any states or federal agencies that have reported the information to the FBI.

Why is a background check required?

This step is required because the background check results will only contain portions of your criminal history record the DOJ is authorized to release. The copy of your criminal history record you receive as a result of a record review will contain all the information on your criminal history record.

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Early Life, Education, and College Football Career

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Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009. Whitaker attended the University of Iowa, receiving a bachelor's degree in communications in 1991 and …
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Career

  • After graduating from law school, Whitaker lived in Minneapolis, Minnesotafrom 1995 to 2001, before moving back to Iowa.
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Legal and Policy Views

  • Constitutional issues
    Whitaker stated in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch". Whitaker was critical of the U.S. Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the con…
  • Criticisms of 2017 Special Counsel investigation
    During the months prior to joining the Justice Department as Jeff Sessions' chief of staff in September 2017, Whitaker made several statements critical of the Mueller investigation, of which he assumed oversight responsibility upon being appointed Acting Attorney General in Novembe…
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Writings

  • Above the Law: The Inside Story of How the Justice Department Tried to Subvert President Trump. Regnery Publishing. 2020. ISBN 978-1684510498.
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External Links