how long can there be an acting attorney general of the us

by Dr. Mckenna Kihn DVM 9 min read

Under the act, an acting officer may serve in a vacant position for no longer than 210 days, with adjustments to be made if the President submits a nomination to fill the position and for Presidential inaugural transitions.

Is there a term limit for the Attorney General?

In 16 states, the office of Attorney General is subject to term limits.Most states with term limits specify that an office-holder may serve two consecutive terms. Most states do not specify that the two terms are an absolute limit, so that a former Attorney General may usually run again after a time, usually unspecified, out of office.

How is the Attorney General of the United States appointed?

Sep 17, 2007 · Acting United States Attorney. We observed that another statute, 28 U.S.C. § 546, allowed appoint-ment of an interim United States Attorney, who would fill the office (not be an acting officer), but that even if section 546 had dealt with acting officers, that section and the Vacancies Reform Act would both be available.

What is the job description of the Attorney General?

Jan 20, 2021 · In his nearly month-long tenure as acting attorney general, Rosen withstood pressure from President Donald Trump, who personally and through White House officials had pushed repeatedly for the ...

How many former US Attorneys General are still alive?

Nov 09, 2018 · The Attorney General Succession Act, Section 508, stipulates that when there is a vacancy in the office of the attorney general, the deputy attorney general — currently Rod Rosenstein — can ...

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How long is the term for U.S. Attorney General?

The attorney general is a statutory member of the Cabinet of the United States....United States Attorney GeneralAppointerPresident of the United States with United States Senate advice and consentTerm lengthNo fixed term15 more rows

Who is the acting United States attorney general?

Meet the Attorney General Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.Feb 3, 2022

What does acting U.S. attorney mean?

Definition. An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Who is the longest serving Attorney General?

As Attorney General, Reno oversaw the Justice Department and its 95,000 employees. Reno remained Attorney General for the rest of Clinton's presidency, making her the longest-serving Attorney General since William Wirt in 1829.

How many attorney generals are there in the United States?

The current party composition of the state attorneys general is: 23 Democrats....Current attorneys general.OfficeholderTreg TaylorStateAlaskaPartyRepublicanAssumed officeJanuary 30, 2021Term expiresAppointed55 more columns

How many U.S. 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.

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.

Can the Attorney General 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.

Can the US attorney general prosecute?

Under 28 U.S.C. § 547, the role of the United States Attorney is to: (1) prosecute criminal cases brought by the federal government; (2) prosecute or defend civil cases where the United States is a party; and (3) collect debts owed to the federal government when administrative agencies are unable to do so.Nov 22, 2021

Who was the first female Attorney General of the United States?

On March 12, 1993, Ms. Reno became the first woman and 78th attorney general. She went on to become the longest serving attorney general in the 20th century.Mar 16, 2021

Does Canada have an Attorney General?

Minister Lametti served as a parliamentary secretary from 2015 until 2019, when he was appointed Minister of Justice and Attorney General of Canada.Dec 16, 2021

Who was the Attorney General under Trump?

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

Who is the acting attorney general after Rosen leaves?

With Rosen leaving, Demers would normally be the acting attorney general. But Biden is relying on a Trump-era legal opinion that installed Matt Whitaker as acting attorney general after Trump fired Jeff Sessions.

Why did Trump want the Justice Department to appoint a special counsel?

CNN has reported that Trump wanted the Justice Department to appoint a special counsel to look into his false allegations of vote fraud. Trump has also discussed having the department appoint a special counsel to investigate Hunter Biden, son of incoming President Joe Biden.

Will Demers stay on?

Demers will stay on for a time under Biden at the Justice Department regardless. Under US law, a Senate-confirmed official must serve as attorney general at all times to handle sensitive national security matters. Demers will be the top official to approve FISA orders.

When did Whitaker become Attorney General?

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 November 2018.

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.

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.

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."

What did Whitaker write for CNN?

One month prior to joining the Justice Department, he wrote an opinion column for CNN titled "Mueller's Investigation of Trump is Going Too Far".

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".

How many games did Whitaker play?

Whitaker played in 33 games, including two bowl games, and made 21 receptions for a total of 203 yards, scoring two touchdowns. In 1993, he received the Big Ten Medal of Honor for proficiency in scholarship and athletics awarded each year to one male and one female student-athlete at each Big Ten Conference school.

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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