Nov 09, 2018 · The Constitution And Trump’s Temporary Attorney General President Trump's selection to serve as Acting Attorney General does not appear to be Constitutionally authorized to serve in that position.
Sep 17, 2007 · You have asked for our opinion whether the President has authority to name an Acting Attorney General under the Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d (2000 & Supp. IV 2004), even if an officer of the Department of Justice otherwise could act under 28 U.S.C. § 508 (2000). As we advised orally, we
The initial temporary appoint-ment of the Acting Attorney General was clearly authorized by 28 U.S.C. § 508 (1970), see note 42 infra; but his authority might be limited to thirty days by the Vacancy Act, 5 U.S.C. § 3348 (1970). A suit based on this thirty-day limitation has been filed against Acting Attorney General Bork.
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Matthew WhitakerPreceded byJeff SessionsSucceeded byWilliam BarrChief of Staff to the United States Attorney GeneralIn office September 22, 2017 – November 7, 201820 more rows
Jeffrey A. RosenOfficial portrait, 2019Acting United States Attorney GeneralIn office December 24, 2020 – January 20, 2021PresidentDonald Trump27 more rows
Merrick B. GarlandAttorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021. 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.Feb 3, 2022
The attorney general serves as the principal advisor to the president of the United States on all legal matters. ... Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.
Jeff SessionsOfficial portrait, 201784th United States Attorney GeneralIn office February 9, 2017 – November 7, 2018PresidentDonald Trump33 more rows
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.
Clark resigned from the Justice Department on January 14, 2021. On January 25, 2021, the Justice Department's Office of Inspector General, Michael E.
54 years (February 25, 1968)Lisa Monaco / Age
Term Limits. Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed. Of the 44 elected attorneys general, all serve four-year terms with the exception of Vermont, who serves a two-year term.
William BarrPresidentGeorge H. W. BushPreceded byDonald B. AyerSucceeded byGeorge J. Terwilliger IIIUnited States Assistant Attorney General for the Office of Legal Counsel30 more rows
The Office of the Attorney General's thirteen Regional Offices help carry out the Attorney General's essential defensive, regulatory and affirmative justice functions in every part of New York State.
Presidents Clinton and George H.W. Bush each turned to two. But President Trump had six in his second year (five, if you exclude Rod Rosenstein’s one-day of service (from government records) as acting attorney general before the White House picked Matthew Whitaker).
AJosephOConnell. For four decades, until the start of 2019, there had been only one acting secretary of defense for more than a day—William Howard Taft IV at the start of President George H.W. Bush’s administration, who served while John Tower’s nomination was pending and continued briefly after the Senate voted it down.
Due to the intricacies of the 1998 Federal Vacancies Reform Act (Vacancies Act), as recently interpreted by the Supreme Court, Esper had to leave the acting position on July 15 when the Senate formally received his nomination.
DHS, which was established only in 2003, has three (two in this administration). President Trump has the highest number on this list—with seven acting secretaries, despite being only half-way done with his third year (Presidents Obama and Clinton come in with four each) and having a Senate controlled by his party.
Any service (whether confirmed or interim) across two administrations counts as two observations—so Robert Gates counts twice as secretary of defense. In addition, service in multiple capacities (recess, then confirmed, or acting, then confirmed) is treated separately.
One criticism of acting officials is that they are unqualified for their posts because they were not properly vetted by the Senate. Yet, acting officials often possess the stability, knowledge, and management necessary for their posts.
In these two primary national security departments, as of July 19, there is currently no confirmed secretary of defense, deputy secretary of defense, secretary of homeland security, deputy secretary of homeland security, and administrator of the Federal Emergency Management Agency, among other important positions.
To date, two vice presidents— George H. W. Bush (once) and Dick Cheney (twice)—have served as acting president. No one lower in the presidential line of succession has so acted.
Person acting as U.S. president when officer holder is incapacitated. An acting president of the United States is an individual who legitimately exercises the powers and duties of the president of the United States even though that person does not hold the office in their own right. There is an established presidential line ...
On two occasions, in particular, the operations of the executive branch were hampered due to the fact that there was no constitutional basis for declaring that the president was unable to function: For 80 days in 1881, between the shooting of James Garfield in July and his death in September.
At the time of taking office, one must be a natural-born citizen of the United States, at least thirty-five years old, and a resident of the United States for at least fourteen years.
If the president dies, resigns, or is removed from office, the vice president automatically becomes president. Likewise, were a president-elect to die during the transition period, or decline to serve, the vice president-elect would become president on Inauguration Day.
The current Presidential Succession Act was adopted in 1947 and last revised in 2006. The order of succession is as follows: the vice president, the speaker of the House of Representatives, the president pro tempore of the Senate, and then the eligible heads of the federal executive departments who form the president's Cabinet in the order ...
Proposed by the 89th Congress and subsequently ratified by the states in 1967, the Twenty-fifth Amendment also established formal procedures for addressing instances of presidential disability and succession. Its Section 3, which allows the president to voluntarily transfer his authority to the vice president, has been invoked on three occasions by two presidents. (Section 4, which addresses the case of an incapacitated president who is unable or unwilling to issue voluntary declaration, has not been activated since the amendment came into force .)
Biden’s nominee for the role is Alejandro Mayorkas, who was a deputy secretary of Homeland Security during the Obama administration. Monty Wilkinson, a career Justice Department lawyer and former Eric Holder deputy chief of staff, will be acting attorney general.
Kevin Shea, the administrator of the US Department of Agriculture’s Animal and Plant Health Inspection Service, will be the acting agriculture secretary. Biden’s pick for the role is Tom Vilsack, who served as agriculture secretary for the entirety of Obama’s time in the White House.
Biden’s pick for the role is Neera Tanden, the CEO and president of the left-leaning Center for American Progress. Regina LaBelle, who was the chief of staff in the Office of National Drug Control Policy in the Obama administration, will serve as its acting head. Kathleen McGettigan, the chief management officer at the Office ...
The President’s pick for commerce secretary is Rhode Island Gov. Gina Raimondo. Phil Rosenfelt, the deputy general counsel for program service at the Department of Education, will be the department’s acting head. Biden has chosen Miguel Cardona, Connecticut’s commissioner of education, for the role.
Biden’s pick for Labor secretary is Boston Mayor Marty Walsh. Dan Smith, a career foreign service officer who is the director of the Foreign Service Institute, will be the acting secretary of State. The President’s pick for the role is Antony Blinken, who was deputy secretary of state in the Obama administration.
Biden’s pick to lead the Justice Department is Merrick Garland, a federal judge on the US Court of Appeals for the DC Circuit whom President Barack Obama nominated to the Supreme Court in 2016. Senate Republicans blocked Garland’s confirmation to the high court.
Later Wednesday evening, the Senate voted to confirm Biden’s first Cabinet nominee. Avril Haines, who was a national security official in the Barack Obama administration, became the first woman to step into the role of director of national intelligence.