how much power does the attorney general have

What are general powers of attorney?

Mar 03, 2020 · What power does the US attorney general have? 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.

What are the rules for power of attorney?

Answer: In most common law jurisdictions, the attorney general or attorney is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enforcement, prosecutions, or even responsibility for …

What is the procedure for establishing power of attorney?

Jun 30, 2006 · This requirement was added to the constitution in 1974. The constitution does not impose any duties or confer any powers on the attorney general. The statutes gives the attorney general supervision over all legal matters in which the state is an interested party, except those over which prosecuting officers have direction.

What are the requirements to be a power of attorney?

Jan 25, 2019 · How much power does an attorney general have to protect a president? William Barr's delayed confirmation vote for attorney general means there's less clarity on who'll see Robert Mueller's report.

What are the power of the attorney general?

The Attorney General can accept briefs but cannot appear against the Government. They cannot defend an accused in the criminal proceedings and accept the directorship of a company without the permission of the Government. The Attorney General is assisted by a Solicitor General and Additional Solicitors General.

Who has more power Attorney General or chief justice?

Attorney General as Chief Legal Advisor and Lawyer of GoI: In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI.Feb 20, 2020

Does the attorney general represent the President?

Washington, D.C. The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

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.

What is the difference between Attorney General and Solicitor General?

The Solicitor General of India is subordinate to the Attorney General for India. They are the second law officer of the country, assists the Attorney General, and is assisted by Additional Solicitors General for India. Currently, the Solicitor General of India is Tushar Mehta.

Who has the power to command the armed forces?

The President is Commander in Chief of all the armed forces of the United States—the Air Force as well as the Army and the Navy.

Can states pass laws that go against federal law?

​When Does Federal Law Preempt State Law? he U.S. Constitution declares that federal law is “the supreme law of the land.” As a result, when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws.

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-PresentJanet Reno1993-2001William Pelham Barr1991-1993Richard Lewis Thornburgh1988-199182 more rows

What is the power of the attorney general?

General Powers and Duties (CGS § 3-125) The law gives the attorney general supervision over all legal matters in which the state is an interested party, except those over which prosecuting officers have direction.

What does the Attorney General represent?

The attorney general must represent the public interest in the protection of any gifts, legacies, or devises intended for public or charitable purposes . All writs, summonses, or other processes served upon such officers and legislators must be transmitted by them to the attorney general.

When was the Office of Attorney General established?

SUMMARY. The Office of Attorney General was established by the legislature in 1897. The constitution requires a general election for attorney general every four years. This requirement was added to the constitution in 1974. The constitution does not impose any duties or confer any powers on the attorney general.

What is the role of the Attorney General?

Attorneys throughout the country, the Attorney General may provide guidance interpreting the law to assist in prosecuting or defending the United States in legal proceedings. The Attorney General also oversees the federal prison system and all of the systems that pertain to it.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

Who is in charge of the Justice Department?

The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are treated by law enforcement professionals across the country.

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

Who is Marissa Jordan?

Marissa Jordan is an accountant and freelance writer interested in current events, economics, and science. Formerly, she wrote for technical blogs on specialized software. When not writing or accounting, she likes spending time with family, reading, and trivia.

What is the Martin Act?

There's also the Martin Act, a 1921 statute designed to protect investors. Past attorneys general have used the Martin Act, considered to be the U.S.'s toughest such state statute in this realm, to expand their powers in the financial crimes sector.

Who is Jed Shugerman?

Jed Shugerman, a Fordham University law professor who advised Democrat Zephyr Teachout in her 2018 attorney general campaign, told NBC News that no matter what legal authority James is using to back her latest inquiry, she must be speedy.

Who opened the Mueller probe?

James opened the probe after Michael Cohen, the president's former attorney, testified to Congress last month that Trump inflated the worth of his assets in financial statements that he provided to banks to secure loans. A source familiar with James' investigation told NBC News the probe appears to be moving quickly.

What powers does the Attorney General have under the Martin Act?

We have previously written about the New York Attorney General’s expansive enforcement powers under New York’s Martin Act. [1] The Martin Act broadly regulates the advertisement, issuance, exchange, purchase or sale of securities, commodities and certain other investments within or from New York. It authorizes the Attorney General to conduct investigations of potential securities or commodities fraud, and to bring civil or criminal actions against alleged violators of the Act. [2] To that end, the Martin Act vests the New York Attorney General with a wide variety of enforcement powers, including the power to:

What is an investigative subpoena in New York?

An investigative subpoena served by the New York Attorney General warrants the same care, and practical steps, that a subpoena in the more usual context—a civil lawsuit— requires. Thus, as with any subpoena, counsel should first ensure that the client properly implements a sufficient hold on potentially responsive electronic and hardcopy documents. At the outset, counsel should also, as with any law enforcement subpoena, contact the attorney at the New York Attorney General’s Office who issued the subpoena in an attempt to learn what they can about the investigation underlying the subpoena, and why the client received it. Counsel should also seek as necessary to clarify ambiguous requests, narrow requests that suffer from over-breadth, and seek an appropriate extension of any deadline in the subpoena for production of responsive documents.

What is fraudulent conduct?

Under the terms of Section 63 (12), “fraudulent conduct” includes “any device, scheme or artifice to defraud and any deception, misrepresentations, concealment, suppression, false pretense, false promise or unconscionable contractual provision.”.

What is the Martin Act?

The Martin Act, Executive Law Section 63 (12) , and New York GBL Sections 349 and 350, along with certain additional New York statutory provisions, combine to grant the New York Attorney General broad authority to investigate and pursue civil and criminal enforcement actions related to allegedly fraudulent or deceptive and misleading practices involving securities, commodities and other financial and consumer transactions. The absence in these provisions of certain basic procedural and substantive protections, at least as interpreted by the New York Attorney General and some New York courts—and the aggressive manner in which a succession of New York Attorneys General have chosen to apply them—underscores the need for counsel representing an individual or entity served with an Attorney General investigative subpoena to consider challenging the propriety of the Attorney General’s conduct on procedural or substantive grounds. Such a response may include a motion to quash a subpoena in which procedural or substantive constitutional claims, along with other appropriate claims and objections, could be raised. Further scrutiny of the New York Attorney General’s enforcement program on these grounds by New York and federal trial and appellate courts is overdue.

Does the Martin Act require scienter?

Notably, the Martin Act contains no scienter requirement. Courts interpreting the statute have held that the Attorney General does not need proof of an intent to deceive or defraud to begin an investigation or, for that matter, even to initiate an enforcement action.

What happens when a defendant accepts the terms of the sentence proposed by the DA?

When a defendant accepts the terms of the sentence proposed by the DA, they enter a guilty plea which the judge will typically accept. The DA has immense power in influencing an individual’s decision to enter into a plea deal or to take their case to trial.

What does a district attorney do?

District attorneys have the power to choose which charges are filed against an individual accused of a crime. When the police arrest someone, the district attorney’s office has the power to prosecute those cases, divert the accused to a program or drug treatment, or dismiss the case altogether.

What is the difference between guilty and not guilty verdicts?

The difference between a guilty and not guilty verdict comes down to the evidence presented by the district attorney. A number of Supreme Court decisions have reaffirmed the district attorney’s obligation to turn over exculpatory evidence to the defense during discovery.

Why do DAs overcharge?

DAs can overcharge in order to get plea deals; they can decide if a defendant is offered diversion or not; they can set priorities on what kinds of charges they want to bring; and they can decide whether or not to prosecute certain crimes at all, like declining to prosecute low-level offenses.

What Is The Role of The Attorney General?

• The Attorney General is the Head of the Justice Department and the attorney for the United States in all legal matters. They dispense legal advice to the president and the heads of other governmental agencies when requested. The Attorney General may support important cases that go to the Supreme Court of the United States if the case is deemed important in nature. The Att…

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