how long can you be acting attorney general

How long can a US attorney be acting?

Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies. Each United States attorney is subject to removal by the President.

How long is the term for US 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 was acting Attorney General?

Matthew George Whitaker (born October 29, 1969) is an American lawyer, lobbyist and politician who served as the acting United States Attorney General from November 7, 2018, to February 14, 2019. He was appointed to that position by President Donald Trump after Jeff Sessions resigned at Trump's request.

How powerful is the Attorney General?

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.

Who appoints the Attorney General?

the PresidentAttorney General is appointed by the President on the advice of the government. There are the following qualifications: He should be an Indian Citizen. He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate.

WHO removes Advocate General?

GovernorThe Constitution does not contain the procedure and grounds to remove the Advocate General of State. Governor can remove him/her at any point in time. Resignation of Advocate General – He can resign from the public office by submitting the resignation letter to the state governor.

Can the Attorney General be impeached?

Attorneys General. While impeachment proceedings against cabinet secretaries are an exceedingly rare event, no office has provoked the ire of the House of Representatives more than that of Attorney General. During the first quarter of the 21st century, four Attorneys General have been subjected to the process.

Who was Trump's first AG?

Jeff SessionsSucceeded byDon FosterPersonal detailsBornJefferson Beauregard Sessions III December 24, 1946 Selma, Alabama, U.S.Political partyRepublican33 more rows

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 the attorney general higher than the President?

The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

What is the role of Attorney General?

(1) The Attorney-General, as the principal legal adviser, shall tender legal advice and opinion to the National Executive following a request to do so and shall of his own initiative give such advice where it appears to him necessary or appropriate for legal advice to be given on a matter.

What does the US Attorney General investigate?

The Attorney General's responsibilities include safeguarding Californians from harm and promoting community safety, preserving California's spectacular natural resources, enforcing civil rights laws, and helping victims of identity theft, mortgage-related fraud, illegal business practices, and other consumer crimes.

How is Attorney General removed?

1) He is appointed by President of India. 2) He holds office during the pleasure of the President. 3) He must be member of either House of Parliament. 4) He can be removed by impeachment by Parliament.

Are there term limits for Attorney General in Texas?

The 2022 Texas Attorney General election will take place on November 8, 2022, to elect the Attorney General of Texas. Incumbent Republican Attorney General Ken Paxton is not term-limited as Texas does not prescribe term limits for state-wide elected officials.

How long is Attorney General term in NY?

Attorney General of New YorkIncumbent Letitia James since January 1, 2019Department of LawStyleThe HonorableTerm lengthFour years No limit8 more rows

Who was Trump's first Attorney General?

Jeff SessionsSucceeded byDon FosterPersonal detailsBornJefferson Beauregard Sessions III December 24, 1946 Selma, Alabama, U.S.Political partyRepublican33 more rows

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-

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.

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.

Career

After graduating from law school, Whitaker lived in Minneapolis, Minnesota from 1995 to 2001, before moving back to Iowa.

Legal and policy views

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.

Writings

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

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.

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 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 .

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.

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.

How long can a senior officer serve in the same agency?

Senior officials within the same agency can become acting officials if they served in the agency for at least 90 days during the year preceding the vacancy and are paid at a rate at least equivalent to the GS-15 rank on the federal pay scale. There is no similar limitation on appointing other Senate-confirmed officers.

How long can an acting FVRA officer serve?

This means that an acting official can serve well over a year under the FVRA if there is a nomination pending for the position.

What happens if an acting inspector general loses his title?

One practical consequence of the FVRA is that if an acting officer runs out of time and loses his or her title, the legal authorities vested in the office can be rendered useless. This is a particular problem with acting inspectors general because IGs can be seen as an encumbrance by a presidential administration.

Can a presidential administration make mistakes?

Presidential administrations can make mistakes, leading to legal problems for some officers. Most issues arise under the Federal Vacancies Reform Act of 1998 , which limits who can serve as an acting official in a Senate-confirmed position when the post is otherwise vacant, and how long they can serve.