how long can you have an acting attorney general

What is an attorneys general and what do they do?

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. EMORANDUM . O. PINION FOR THE . C. OUNSEL …

How long does an acting president have to serve?

Nov 17, 2018 · General. While designations to the office of Attorney General were less frequent, we have identified at least one period in 1866 when a non-Senate-confirmed Assistant Attorney General served as Acting Attorney General. Mr. Whitaker’s …

What is the Office of the Attorney General?

Nov 09, 2018 · The Federal Vacancies Reform Act of 1998 allows the president to choose any senior DOJ official to serve as an acting attorney general as long as that person has already served in a high-level...

How many former US Attorneys General are still alive?

Nov 27, 2017 · an acting officer may serve “no longer than 210 days beginning on the date the vacancy occurs,” or “once a first or second nomination for the office is submitted to the senate, from the date of such nomination for the period that the nomination is pending in the senate.” (the time limits do not apply to vacancies “caused by sickness,” per 5 …

How long is the US Attorney General's term?

No fixed termUnited States Attorney GeneralAppointerPresident of the United States with United States Senate advice and consentTerm lengthNo fixed termConstituting instrument28 U.S.C. § 503FormationSeptember 26, 178913 more rows

What does it mean to be the acting attorney general?

The President's designation of an official who does not hold a Senate-confirmed office to serve, on a temporary basis, as Acting Attorney General was consistent with the Appointments Clause.Nov 17, 2018

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

How many attorney generals are there in the US?

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.

Can the attorney general be fired by the president?

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 do you become Attorney General?

The person appointed must be a citizen of India. To be appointed as the Attorney General of India, a person must be qualified to be a Supreme Court judge, i.e. they must either be a judge of a High Court for five years or an advocate in a High Court for 10 years or an eminent jurist in the President's opinion.Jan 4, 2022

Who is the boss of the US 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.

Who was the first female attorney general of the United States?

Janet RenoOfficial portrait, c. 1990s78th United States Attorney GeneralIn office March 12, 1993 – January 20, 2001PresidentBill Clinton16 more rows

Who was the 1980s attorney general?

California Former Attorneys GeneralMatthew Rodriguez2021 – 2021John K. Van de Kamp1983 – 1991George Deukemejian1979 – 1983Evelle J. Younger1971 – 1979Thomas C. Lynch1964 – 197129 more rows

Who is the highest law officer?

Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.

Who determines the salary of Attorney General?

the PresidentDraft Article 63 (4) The Attorney-General shall hold office during the pleasure of the President, and shall receive such remuneration as the President may determine.

Does Canada have an Attorney General?

The attorney general is supported in this role by the director of public prosecutions.)...Minister of Justice and Attorney General of Canada.Minister of Justice Attorney General of CanadaMinistre de la Justice procureur général du CanadaIncumbent David Lametti since January 14, 2019Department of JusticeStyleThe Honourable10 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.

Who was the acting attorney general after Jeff Sessions was confirmed?

The FVRA is what ensured there was a functioning Department of Justice post-inauguration, when then-Deputy Attorney General Sally Yates served as the acting attorney general and again after Yates was abruptly fired by the president and Dana Boente took over as acting attorney general until Jeff Sessions was confirmed.

How long can an acting officer serve in the FVRA?

When the Senate rejects a nominee for a vacancy, the FVRA allows an acting officer to serve for another 210-day period. If a second nomination is rejected, then an officer may serve one more 210-day period.

What happens when there is no acting officer in the Senate?

When there’s no acting officer in a Senate-confirmable position, Section 3348 says that either the agency head (if the position is not vacant) or another person authorized by another statute that allows acting service may perform that positions functions.

Who was the first assistant to the solicitor general?

That’s why Jeffrey Wall became acting solicitor general when the president nominated Noel Francisco to the position; as principal deputy solicitor general at the time, Francisco was the first assistant to the solicitor general.

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.

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.

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]

What is the DOJ section 508?

Section 508 directly addresses DOJ succession and provides that “ [i]n case of a vacancy in the office of Attorney General, . . . , the Deputy Attorney General may exercise all the duties of that office.” Consequently, if Sessions is fired or resigns, under this provision Deputy Attorney General Rod Rosenstein would assume the attorney general’s authorities.

Will Jeff Sessions resign?

Although Attorney General Jeff Sessions has reportedly expressed no inclination to resign, President Donald Trump’s evident and quite public “ disappointment ” over Sessions’s ( clearly correct) decision to recuse himself from investigations relating to the 2016 presidential campaign raises the prospect of a potential vacancy in the office of the attorney general. Such a vacancy would render arcane Department of Justice succession rules tremendously consequential, as the person who would act to fill that vacancy could assume the mantle of supervising Special Counsel Robert Mueller’s investigation until a new attorney general is confirmed.

What is the role of an attorney general?

As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.

What is the People's Lawyer podcast?

The People’s Lawyer is a biweekly podcast from NAAG that explores the role of state and territory attorneys general as chief legal officers and their work protecting the rule of law and the U.S. Constitution.