what are the challenges of the usa attorney general

What does the United States Attorney General do?

Mar 10, 2021 · Garland Confirmed as US Attorney General, Faces Major Challenges. Merrick Garland, a federal appeals court judge and former Justice Department official whose 2016 nomination to the Supreme Court ...

Who is the most recent US Attorney General to die?

Jan 12, 2021 · "The President of the United States has the same free speech rights as others," said Jonathan Turley, a criminal defense attorney and law professor at the George Washington University who ...

When does the Attorney General have to intervene in a case?

Mar 10, 2021 · Merrick Garland, a federal appeals court judge and former Justice Department official whose 2016 nomination to the Supreme Court was blocked by Republicans, was confirmed Wednesday by the U.S. Senate as the nation’s top law enforcement official. Garland, 68, a seasoned jurist and criminal investigator, was easily confirmed as the next attorney general …

How to serve a notice and paper on the Attorney General?

Apr 19, 2022 · 31st Attorney General of New Hampshire. Apr. 19—New Hampshire Attorney General John Formella and 21 other Republican attorneys general have filed papers urging the U.S. Supreme Court to reject a ...

What are the main issues it is concerned with Department of Justice?

DOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws; its Immigration Judges ensure justice for immigrants in ...

What are the duties and responsibilities of the US attorney general?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

What powers does the US attorney general have?

Attorney General Powers and ResponsibilitiesIssuing formal opinions to state agencies.Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation.Proposing legislation.Enforcing federal and state environmental laws.More items...

Is the US attorney general independent of the President?

The attorney general is a statutory member of the Cabinet of the United States. 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.

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.

Who appoints the US attorney general?

The PresidentThe President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice. (Added Pub. L.

Who was the first attorney general of the United States?

Edmund Jennings RandolphOn September 26, 1789, Edmund Jennings Randolph was appointed the first Attorney General of the United States by President George Washington.

Can a president fire the Attorney General?

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 does the U.S. Attorney General influence the executive branch?

The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. 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.

Is the CIA an independent agency?

The Central Intelligence Agency (CIA) is an independent federal agency responsible for providing national security intelligence to our nation's policymakers.

What is the job of the Attorney General?

The US Attorney General job description is to lead the Department of Justice and to represent the United States in legal matters, providing the lead legal advice to the President and Cabinet as well as appearing before the Supreme Court on important matters involving the country and the federal government.

Why is Attorney General Garland called an accidental judge?

Making a canny decision to work first as a federal prosecutor rather than working in the more lucractive practice practice arena, Attorney General Garland achieved trial experience as a prosecutor and referred to himself as an “accidental judge” because he was offered a judicial role while in line for taking up a major Justice Department job.

How many dissents did Garland write?

Garland has a reputation for collegiality and his opinions rarely draw a dissent. [46] . As of 2016, Garland had written just fifteen dissents in his two decades on the court, fewer than his colleague Judge Brett Kavanaugh, who wrote some 17 dissents over the previous decade. [46] 17. He Is Partially Color Blind.

What is Garland's view on national security?

Garland holds strong views on the protection of national security and has been involved in some notable cases involving the issue. He wrote for the unanimous panel when it rejected Guantanamo detainee Moath Hamza Ahmed al Alawi ‘s (pictured, left) petition for habeas corpus. In 2008 in Parhat v. Gates he wrote for a panel that unanimously overturned the Combatant Status Review Tribunal ‘s determination that a captured Uyghur was an enemy comba tant. In Saleh v. Titan Corp. (2009), Garland dissented from the court’s holding that former Iraqi detainees at Abu Ghraib prison could not sue private military contractors who participated in torture and prisoner abuse. He wrote that the suit should be allowed to proceed because “no act of Congress and no judicial precedent” immunized the contractors from tort liability.

What is Garland's role in the Justice Department?

Garland and the Justice Department are to play a critical role in both efforts, as they will be responsible for investigating and prosecuting possible domestic terrorists nationwide, while balancing concerns about civil liberties and free speech rights .

What was McConnell's categorical refusal to hold hearings on Garland's nomination?

McConnell’s categorical refusal to hold hearings on Garland’s nomination was described by political scientists and legal scholars as unprecedented, McConnell’s choice to lead a Republican blockade of the nomination was described as a “culmination of [his] confrontational style,” and an example of constitutional hardball. 9.

Is Garland a jurist?

A moderate jurist and ‘centrist’ by nature, Garland has had an extensive background in private practice and public law roles. Known for his ability to listen and to marshall the facts before expressing an opinion of his own, he is sometime mistaken for being shy and unforthcoming, but is unquestionably smart and meticulous.

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 constitutional challenge?

Constitutional Challenge to a Statute. (a) Notice by a Party. A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly: (1) file a notice of constitutional question stating the question and identifying the paper that raises it, if: ...

What is the 60 day period for a constitutional challenge?

Unless the court sets a later time, the 60-day period for intervention runs from the time a party files a notice of constitutional question or from the time the court certifies a constitutional challenge, whichever is earlier.

What is a court's certification obligation?

The court's certification obligation remains, and is the only notice when the constitutionality of a federal or state statute is drawn in question by means other than a party's pleading, written motion, or other paper. Moving the notice and certification provisions from Rule 24 (c) to a new rule is designed to attract the parties’ attention ...

What is Rule 5.1?

Rule 5.1 implements 28 U.S.C. §2403, replacing the final three sentences of Rule 24 (c). New Rule 5.1 requires a party that files a pleading, written motion, or other paper drawing in question the constitutionality of a federal or state statute to file a notice of constitutional question and serve it on the United States Attorney General ...

Why was Rule 5.1 amended?

The language of Rule 5.1 has been amended as part of the general restyling of the Civil Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only.

Can a court reject a constitutional challenge?

The court may reject a constitutional challenge to a statute at any time. But the court may not enter a final judgment holding a statute unconstitutional before the attorney general has responded or the intervention period has expired without response.

What challenges did Garland face?

The attorney general nominee faces a series of challenges, including heightened calls for police reform after a historic summer of racial justice protests in 2020. To fulfill this promise, Garland will likely bolster the department's Office of Civil Rights, which was scaled-down under the Trump administration.

What was the DOJ's mandate?

Biden was clear that the judge's mandate would be to renew the agency's commitment to civil rights and combat domestic extremism. " [The DOJ] was formed in 1870 to enforce the civil rights amendments that grew out of the Civil War. The 13th, 14th, and 15th amendments," Biden remarked in his speech.

What court did Garland serve on?

Garland's time at the Justice Department earned him plaudits in Washington, with President Bill Clinton in 1995 nominating him for a position on the D.C. Circuit Court of Appeals, the second most influential court in the country.

When was Garland appointed?

In 1993 , Garland was then appointed Deputy Assistant Attorney General in the DOJ's Criminal Division under the Clinton administration. The next year, Garland was made Principal Associate Deputy Attorney General, a role with expansive powers that included prosecuting domestic terror threats like the Oklahoma City and Atlanta Olympics bombings.

Who was the Senate Judiciary Committee Chair when Garland was nominated?

Citing Garland's nomination during an election year, McConnell and then-Senate Judiciary Committee Chair Chuck Grassley, R-Iowa, wrote in an op-ed that "the American people should seize the opportunity to weigh in on whom they trust to nominate the next person for a lifetime appointment to the Supreme Court.".

Was the Capitol rioter prosecuted?

Some Capitol rioters have already been prosecuted under laws meant to indict Klan members; how Garland addresses growing extremism threats, especially from right-wing and white nationalist groups, will have major implications for civil rights and national security.