how to remove the attorney general from office

by Mya Okuneva 7 min read

Technically, no sitting President has ever fired an Attorney General they nominated to office with Senate approval. But President Trump clearly has the power to remove Sessions, based on the Constitution and past legal decisions. And most importantly, he can ask for his resignation.Jul 26, 2017

Can the Attorney General be removed from office by the President?

Response to Original message 5. He can be impeached as he was appointed by the President The office of Attorney General is considered a "civil officer of government"..appointed by the President, in a cabinet level office, and thereby subject to impeachment. ALL cabinet level positions of the executive are subject to impeachment

How do I make a payment to the Attorney General's Office?

 · The President nominates the Attorney General, and is responsible for seeing that the Attorney General faithfully upholds his duty to execute the laws of the land. ... Can the Governor of Maine remove Maine's Attorney General? 5. USA - Grounds for Treason / Arrests to Prevent a Coup. 1. Threat of fines in excess of allowable law, PA State ...

Can a former Attorney General be investigated by Congress?

It has the same solution as dealing with over 2,000 DOJ officials signing on to demand your resignation. In case you haven’t figured it out the only answer is: resignation. Now, he may delay or even try to do something else first, but history will judge him from a few days back on whether he does the right thing and resigns or not. Related Answer

How do you remove a state Representative from office?

The term of office of Attorney General is not fixed by the constitution. He holds office during the pleasure of the president. This means that he may be removed by the president at any time. He …

image

How can a US attorney general be removed from office?

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.

Who has the power to remove an official from office?

The president has the authority to remove his appointees from office, but the heads of independent federal agencies can only be removed for cause.

Does the president need Congressional approval to remove an official?

In 1867 Congress enacted the Tenure of Office Act over President Andrew Johnson's veto. The act required the president to secure the Senate's approval to remove any official from government whose nomination had been confirmed by the Senate.

Can the president remove inferior officers?

In the absence of specific legislative provision to the contrary, the President may at his discretion remove an inferior officer whose term is limited by statute, 606 or one appointed with the consent of the Senate.

Can the President remove government officials?

It may clearly be inferred from the above that the President may remove any official in the government service "conformably to law" and to declare vacant the office held by the removed official.

Can Supreme Court remove president?

The chief justice of the U.S. Supreme Court presides over the trial. A two-thirds majority vote is required in the 100-member Senate to convict and remove a president from office.

Can the president remove the Secretary of State?

The American president can dismiss the secretary of state without recourse from the Supreme Court or Congress. Article II, Section 2, Clause 2 of the Constitution authorizes presidents to appoint Cabinet-level officers, including the secretary of state.

Why is Article 2 of the Constitution controversial?

Why is Article II of the Constitution controversial? The president's power has increased because of the need for a leader during wartimes. Because the nation has increased its complex social and economic life, the president's power has increased. How has presidential power grown over time?

Who can the president not appoint?

A PRESIDENT CANNOT . . . interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.

What is the President's power of removal?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Can someone be removed from the Supreme Court?

The Constitution states that Justices "shall hold their Offices during good Behaviour." This means that the Justices hold office as long as they choose and can only be removed from office by impeachment. Has a Justice ever been impeached? The only Justice to be impeached was Associate Justice Samuel Chase in 1805.

Can the President fire Cabinet members?

The members of the Cabinet serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v.

What happens if the Attorney General is impeached?

The same as president or any other officer of the United States, except that if Attorney General impeached, the chief justice would not preside.

How much of the Senate can an impeached official be removed?

Any official that has been impeached may be convicted and removed by 66%+1 of the senate if it

Who has the power to try impeachment?

Section 3, Paragraph 6: “The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

Which article covers the powers and responsibilities of the Legislative Branch?

From Article 1 (Article one covers the powers and responsibilities of the Legislative Branch (US House of Representatives and Senate)):

Which article of the Constitution gives Congress the power to impeach the President?

Article II of the Constitution grants Congress the power to impeach “the president, the vice president and all civil officers of the United States.” The phrase “civil officers” includes the members of the cabinet (one of whom, Secretary of War William Belknap, was impeached in 1876).

Why did Trump use Rudy Giuliani and AG Barr interchangeably?

You know why Trump used "Rudy Giuliani" and "AG Barr" interchangeably in his conversation with President Zelensky of Ukraine? Because he sees no difference between the two. Rudy is his personal lawyer, whose purview falls into the private sector (i.e., his campaign, his business, his personal and political vendettas), and Barr is his personal attorney, whose purview is the entire law enforcement body of the United States government.

Can a civil officer be impeached?

He counts as a "civil officer," so yes, according to the Constitution he may be subject to impeachment for the same violations that the President may be impeached for (Bribery, Treason, High Crimes and Misdemeanors.)

How long has the UK had an attorney general?

First we should say that the UK has had an Attorney General since 1461, and a person doing that job since 1243, so the question is somewhat odd, but I’ll assume the questioner is American and believes the role was invented there so …

Which article of the Constitution of India provides for the post of Attorney General?

Article 76 of the constitution of India provides for the post of attorney general.

Does the Chief Justice have power in parliament?

But Chief justice has no power in parliament.

Is the salary of an attorney general variable?

Salary of attorney General is variable and is not mentioned by the constitution.

How many members of the Rajya Sabha should be present to sign the motion?

If it is to be introduced in the Rajya Sabha, the motion should be signed in by not less than 50 members. The resolution should be supported by a majority of total membership of both the houses & by 2/3 majority of the members present & voting.

Can the President remove the Chief Justice of India?

But removal of chief justice of India is a tedious process. President cannot remove him

What does "give advice to the government of India" mean?

To give advice to the government of India upon some legal matters , which are rendered to him by the President.

How to remove an elected official from office?

How Can an Elected Official Be Removed From Office? According to the National Conference of State Legislators, a common method to remove an elected official from office is to use a recall election or to impeach an elected official. Recall elections involve citizen mobilization in effect to begin a new election.

Which presidents have been impeached?

House; however both were acquitted at the trials held by the Senate. Impeached U.S. Presidents include Andrew Johnson (1868) and Bill Clinton (1999) .

How to remove a representative from office?

Another way of removing a representative from office is by holding a recall election. A recall election is a way of replacing a representative before the end of that representative's term of office. If enough people want it, the state holds a special election. The ballot has two parts. The first is the question: "Should Representative X be removed from office?" The second is a series of choices for the Representative's replacement. Nine states have provisions for recall of federal officials. Other states have provisions for recall that may or may not apply to U.S. Representatives. Your state election officials will be able to tell you what the law is in your state.

How to get a petition for election?

You begin by contacting your state election officials. They will give you the paperwork you need to file. You then go out and collect signatures on a petition. The exact number of signatures you need and the time you have to get them varies from state to state.

Can a state recall a representative?

In other words, though nine states have provisions for recalling representatives, and though nothing prevents those states from holding recall elections, federal law probably won't allow the citizens of a state to actually replace their representative. At the very least, recalling a Representative would be a long and lawyer-filled process.

Is the right to recall guaranteed?

The right to recall is not guaranteed by the Constitution of the United States or by federal law. In fact, no member of the House of Representatives has ever been recalled. According to the Supreme Court of the United States in U.S. Term Limits, Inc. v. Thornton, "representatives owe primary allegiance not to the people of a State, but to the people of the Nation." Consequently, though a state elects a representative, according to the Supreme Court, that state does not have the authority to recall that representative.

Why is a representative recalled?

For example, in Montana, a representative can be recalled for violation of oath of office or for lack of physical or mental fitness to do the job . In Washington, a representative can be recalled for the commission of some act or acts of malfeasance or misfeasance while in office.

Can a member of Congress be expelled?

Expulsion from Congress. Members of the House of Representatives can be removed from office for ethics violations. If they have been involved in illegal activity or if they have violated the code of conduct outlined in the " House Ethics Manual ," their peers in the House can conduct a hearing and censure or expel them.

Can a representative be removed for corruption?

It is possible to remove a Representative for corruption or (theoretically) for gross incompetence. It is not possible to remove a Representative for "bad" politics. A member of the United States House of Representatives may be removed from office using two different methods. The first involves informing the House of Representatives ...

What is the phone number for AGO collections?

Additionally, you can access an on-line payment system 24/7 or contact Collections Enforcement Monday through Friday 8:00 a.m. to 5:00 p.m. at 888-301-8885. If visiting the AGO Collections Enforcement section in Columbus, Cincinnati, Cleveland, Toledo or Youngstown, valid photo identification is required to be able to access the floor.

What is collection enforcement in Ohio?

Collections Enforcement interprets and enforces the state’s debt collection laws and is committed to provide quality collection services for the State of Ohio and to assist individuals and businesses seeking to resolve their financial obligations to the State by working matters internally or by working with private collection entities. It operates the " Offer in Compromise " program which allows debtors to settle with the state. Collections Enforcement offers taxpayers, who have had their income tax refund taken to pay off a state debt, the ability to make a written " Request For Administrative Review of Income Tax Refund Offset ".

What is the AGO service?

The AGO has created a quick, safe, and reliable service that allows citizens to pay outstanding debts to the State of Ohio online. Under Ohio law, state agencies turn over their outstanding accounts to the Attorney General's office for collection. You can use this site to safely and confidently pay outstanding obligations that have been certified to the Attorney General's office. It is our aim to make payment as convenient as possible.

Who collects debt in Ohio?

The Ohio Attorney General's Office (AGO) has the authority by law to collect debt owed to the state. The Collections Enforcement Section is responsible for collecting outstanding debt owed to the State of Ohio for state agencies, institutions, boards, commissions, public university and hospitals, and local government entities.

image