how long can an acting attorney general serve

How long can a US Attorney serve in the United States?

Nov 17, 2018 · that would render him ineligible to serve as Acting Attorney General under section 3345(b)(1). Accordingly, under the plain terms of the Va-cancies Reform Act, the President could designate Mr. Whitaker to serve temporarily as Acting Attorney General subject to the time limitations of section 3346. B.

How long does it take for an attorney general appointment to expire?

Sep 17, 2007 · authority under 28 U.S.C. § 508 by which an Acting Attorney General might serve. Attorney General Alberto R. Gonzales has resigned, effective today. Attorney General Order No. 28772007 (Mar. 29, 2007), issued under 28 U.S.C. - § 508, specifies the order of succession to act as Attorney General when the positions of

What is the role of the Attorney General?

Any person serving as a United States attorney on the day before the date of enactment of this Act [ June 14, 2007] who was appointed under section 546 of title 28, United States Code, may serve until the earlier of—. 120 days after the date of enactment of this Act. “ (2) Expired appointments.—.

How long does an acting president have to serve?

Nov 27, 2017 · There’s an exception to that rule: A nominee may serve as acting officer if she has been the first assistant to the vacant position for at least 90 days or was appointed to that position with Senate confirmation.

How long can acting cabinet member serve?

Term of office. When a vacancy occurs, the position can be filled by an acting officer for 210 days from the date of the vacancy, in addition to the time when a nomination is pending before the Senate.

What is attorney general acting?

Instead, the authority to act as Attorney General is derived from one statute alone: 28 U.S.C. § 508. That authority automatically vests the power to act in the Deputy Attorney General and several other Senate-confirmed Department of Justice (DOJ) officials in a specified sequence.Jun 1, 2020

Who appointed the acting attorney general?

Jeffrey A. RosenOfficial portrait, 2019Acting United States Attorney GeneralIn office December 24, 2020 – January 20, 2021PresidentDonald Trump27 more rows

Can the president fire 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.

How old is Merrick Garland?

69 years (November 13, 1952)Merrick Garland / Age

Who is the new US attorney general?

Merrick GarlandThe current attorney general is Merrick Garland....List of U.S. attorneys general.Attorney GeneralYears of serviceMerrick Garland2021-PresentJohn Macpherson Berrien1829-1831William Wirt1817-1829Richard Rush1814-181782 more rows

How many US attorney generals are there?

In the order of creation, the position of attorney general was the fourth cabinet level position created by Congress, according to the U.S. Department of Justice. Attorneys general may be impeached and removed from office by Congress. As of 2013 the office of U.S. Attorney General has been held by eighty two people.

Who was the acting attorney general after Barr?

Matthew WhitakerPreceded byJeff SessionsSucceeded byWilliam BarrChief of Staff to the United States Attorney GeneralIn office September 22, 2017 – November 7, 201820 more rows

Who was Trump's attorney general?

Jeff SessionsOfficial portrait, 201784th United States Attorney GeneralIn office February 9, 2017 – November 7, 2018PresidentDonald Trump33 more rows

How is Attorney General removed?

He 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.

Has a US attorney general ever been 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.

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.

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 .”

How many times was John Boyle appointed as the Navy Secretary?

3, 12–13 (Ct. Cl. 1857) (identifying 13 times between 1831 and 1838 that chief clerk John Boyle was appointed as Acting Secretary of the Navy, for a total of 466 days).

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 is the first assistant?

The term “first assistant” is a unique term of art under the FVRA. Nonetheless, the term is not defined by the Act and its meaning is not entirely clear. For many offices, a statute or regulation explicitly designates an office to be the “first” assistant to that position.

What is a statutory provision?

a statutory provision expressly—. authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or. designates an officer or employee to perform the functions and duties of a specified office temporarily in ...

Who is Matthew Kahn?

Matthew Kahn is a second-year student at Harvard Law School and a contributor at Lawfare. Prior to law school, he worked for two years as an associate editor of Lawfare and as a junior researcher at the Brookings Institution. He graduated from Georgetown University in 2017.

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.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]