what authority does the us attorney general have

by Bertrand Maggio DDS 9 min read

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 does the United States Attorney General do?

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.

Does the Attorney-General have any legal authority?

state the attorney-general is the legal adviser of all the departments of the state government and it is entirely possible that this relation- ship would be held sufficient to give him authority to conduct any

Can the Attorney General enforce its authority over local prosecuting agencies?

throughout the state and above all, it must be given power to enforce its authority over local prosecuting agencies. That power is non- existent at the present time. Because the attorney-general is usually an elective officer not subject to the effective supervision and control of the governor,,,-"

Who are the state Attorney General-General Agencies?

6°Note 56, supra. THE STATE ATTORNEY-GENERAL agencies such as the corporation commission, utility commission, rail- road commission, state tax commission, industrial commission, work- men's compensation commission, state bank examiner, insurance com- missioner, food and dairy commissioner, and various other special-

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Does the US attorney general have power over the Supreme Court?

United States Supreme Court decisions directly affect attorney general offices' ability to enforce state laws and defend government officials' conduct. Attorney general offices therefore play an active role before the Supreme Court.

Is the attorney general above the FBI?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

Does the US attorney general report to the President?

The attorney general serves as the principal advisor to the president of the United States on all legal matters....United States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United States15 more rows

Who is over the US attorney?

Randy S. GrossmanCurrent U.S. AttorneysDistrictUnited States AttorneyCalifornia, SouthernRandy S. GrossmanColoradoCole FineganConnecticutLeonard C. BoyleDelawareDavid C. Weiss89 more rows

What's higher than the CIA?

The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National Intelligence (DNI)....National Security Agency.Agency overviewAnnual budgetClassified (estimated $10.8 billion, 2013)11 more rows

Who has authority over the FBI?

United StatesFederal Bureau of Investigation / JurisdictionFederal law gives the FBI authority to investigate all federal crime not assigned exclusively to another federal agency (28, Section 533 of the U.S. Code). Title 28, U.S. Code, Section 533, authorizes the attorney general to appoint officials to detect and prosecute crimes against the United States.

What is the role of the US attorney general?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

What is the duty of Attorney General?

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this ...

Who can fire a US attorney?

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.

Who does the attorney general of New York report to?

The attorney general advises the executive branch of state government and defends actions and proceedings on behalf of the state. The attorney general acts independently of the governor of New York.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

How many US attorneys are in the United States?

93 U.S. AttorneysCurrently, there are 93 U.S. Attorneys in 94 district offices located throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands.

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.

What happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

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.

What was the name of the department that was created after the Civil War?

To mitigate the situation, Congress created the Department of Justice , an executive department with the Attorney General as its head.

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.

Why should the Justice Department not be politicized?

The Department of Justice should be arguing to uphold the law and the office should not be politicized due to presidential influence or pressure. The Justice Department is supposed to be an independent agency and not subject to the pressure of the executive branch.

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 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 role of a public advocate?

Issuing 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. Representing the state and state agencies before the state and federal courts.

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.

What is the role of the Attorney General?

In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed on behalf of the United States. The Act also vested in the Attorney General supervisory power over the accounts of U.S. Attorneys and U.S. Marshals.

What is the Office of the Associate Attorney General?

Office of the Associate Attorney General. The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977. As the third-ranking official at the Department of Justice, the ASG is a principal member of the Attorney General’s senior management team. The major functions of the ASG are to:

Who created the Office of the Deputy Attorney General?

Office of the Deputy Attorney General. On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer;

Who provides advice and opinions on legal matters?

Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the government, as provided by law.

What is the role of the ODAG?

The mission of the ODAG is to advise and assist the Attorney General in formulating and implementing Department policies and programs and in providing overall supervision and direction to all organizational units of the Department. The major functions of the DAG are to:

What is the role of the United States Attorney?

The United States Attorney, as the chief federal law enforcement officer in his district, is authorized to request the appropriate federal investigative agency to investigate alleged or suspected violations of federal law. The federal investigators operate under the hierarchical supervision of their bureau or agency and consequently are not ordinarily subject to direct supervision by the United States Attorney. If the United States Attorney requests an investigation and does not receive a timely preliminary report, he may wish to consider requesting the assistance of the Criminal Division. In certain matters the United States Attorney may wish to request the formation of a team of agents representing the agencies having investigative jurisdiction of the suspected violations.

What is the statutory duty to prosecute for all offenses against the United States?

The statutory duty to prosecute for all offenses against the United States (28 U.S.C. § 547) carries with it the authority necessary to perform this duty. The USA is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority.

What is the responsibility of the Organized Crime and Gang Section of the Criminal Division?

The Organized Crime and Gang Section of the Criminal Division has the responsibility for ensuring that Organized Crime Strike Force Unit (OCSFU) cases are properly indicted and prosecuted. OCFSUs shall submit case initiation reports and prosecution memoranda and proposed indictments for approval and report significant developments to the Organized Crime and Gang Section. The Section must review and process all matters in organized crime cases that require the approval of the Assistant Attorney General of the Criminal Division or higher official, including immunities and electronic surveillance authorizations, as well as witness protection requests, plea dispositions, and appeals. Each OCFSU shall promptly advise the Section of all significant developments in a case, including the filing of indictments, significant pleadings, convictions, dismissals, acquittals, and impositions of sentences. The OCFSUs shall submit to the Section final copies of indictments as filed, daily reports on significant case developments, updated statistical data, and such other information as Section procedures require.

What are the policies of the Department of Justice?

Department of Justice and Criminal Division policies impose limitations on the authority of the United States Attorney to decline prosecution, to prosecute, and to take certain actions relating to the prosecution of criminal cases. These policy limitations are discussed throughout the Justice Manual, with a centralized listing contained in 9-2.400.

Who has plenary authority?

The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates.

Who consults with the person having primary responsibility before conducting grand jury proceedings, seeking indictment, or filing an information

If primary prosecutorial responsibility for a matter has been assumed by the Criminal Division or higher authority, the United States Attorney shall consult with the persons having primary responsibility before conducting grand jury proceedings, seeking indictment, or filing an information.

What is the Criminal Division?

The Criminal Division is interested in obtaining the benefit of any suggestions by United States Attorney or their Assistants for changes in federal statutory law, or rules, affecting criminal prosecutions. Accordingly, United States Attorneys and Assistant United States Attorneys are encouraged to develop such proposals and to forward them for initial consideration to the Office of Policy and Legislation. The suggestions for changes in rules and legislation may also be submitted concurrently to the Legislation and Public Policy Subcommittee of the Attorney General's Advisory Committee of United States Attorneys. Suggested legislative changes should be submitted concurrently to the Office of Legislative Affairs.

What is the largest and broadest personal protective role in the federal government?

Perhaps the largest and broadest personal protective role in the federal government is the Department of Defense (DOD) and its component military branches that operate protective details on a wide range of DOD personnel and officers.

Who does the FBI protect?

The FBI operates the protective detail for the attorney general of the United States and also others as requested by DOJ. The attorney general is the FBI's only permanent personal protective mission. In some limited ways, the FBI may also perform personal protection on high-profile witnesses or victims.

How many people does the Secret Service protect?

Currently, the Secret Service provides protection to over 40 individuals on a full time bases and can provide temporary protection of almost 200 individuals -- as happens every September during the United Nations General Assembly in New York City.

What is executive protection?

In the United States, executive protection is provided by an array of federal entities whose mission is to ensure their charges are kept free from harm. Often, though, the overlapping federal gamut becomes confusing as different agencies perform what many perceive as a similar function but for different people.

Why is the CIA protected?

The CIA director and some of their deputies, as well as the director of national intelligence, are also provided personal protection due to the nature of what they do and threats.

Who is protected by the Capitol Police?

Capitol Police: Every single individual in Congress that holds leadership positions, including the speaker of the House, House minority leader, Senate president pro tempore, Senate majority and minority leaders as well as the whips in those chambers, receives personal protection from the U.S. Capitol Police.

Who was the 37th president of the United States?

Bettmann Archive/Getty Images. President Richard Nixon and First Lady Pat Nixon in the presidential limousine, surrounded by secret service after taking the oath of office as the 37th President of the United States, Jan. 20, 1969. (MORE: How the Secret Service handles threats against the president: ANALYSIS)

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What Is The Role of The Attorney General?

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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 …
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How Does One Become Attorney General?

  • The position of Attorney General is an appointed one, nominated by the president and confirmed by the United States Senate. There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed …
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What Are The Most Important Powers of The Attorney General?

  • The Attorney General will provide advice and guidance to the president and other high ranking officials regarding the law and how it should be implemented. This provides the Attorney General with a great deal of power, as they would have the ability to shape how laxly or punitively the law is to be applied. As the Justice Department has such wide-r...
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Who Is The Current Attorney General?

  • William Barr is the current Attorney General of the United States. He replaced Jeff Sessions in 2019 after President Trump fired Sessions. 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 a…
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What Agencies Are Under 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: 1. Antitrust 2. Civil 3. Civil Rights 4. Criminal 5. Environmental and Natural Resources 6. Tax Each division is headed up by an Assistant Attorney General, and man…
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History of The Attorney General

  • The Office of the Attorney General was createdin 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. The work quickly grew, requiring the addition of multiple assistants and private attorne…
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List of Attorneys General

  1. William Barr, 2019 – Present
  2. Jeff Sessions, 2017 – 2018
  3. Loretta Lynch, 2015 – 2017
  4. Eric Holder, Jr., 2009 – 2015
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The Rantt Rundown

  • The Department of Justice, created in 1789, has grown from a part-time, one-person office to become the world’s largest law office, encompassing sixty different agencies and offices. 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 tr…
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Office of The Attorney General

  • The position of Attorney General was created by the Judiciary Act of 1789. In June 1870 Congress enacted a law entitled “An Act to Establish the Department of Justice.” This Act established the Attorney General as head of the Department of Justice and gave the Attorney General direction and control of U.S. Attorneys and all other counsel employed o...
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Office of The Deputy Attorney General

  • On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney, appointed by the President with the advice and consent of the Senate, is the Department's second-ranking official and functions as a Chief Operating Officer; 25 components and 93 U.S. Attorneys report directly to the Deputy and 13 additional component…
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Office of The Associate Attorney General

  • The Office of the Associate Attorney General (OASG) was created by Attorney General Order No. 699-77 on March 10, 1977. As the third-ranking official at the Department of Justice, the ASG is a principal member of the Attorney General’s senior management team. The major functions of the ASG are to: 1. Advise and assist the Attorney General and Deputy Attorney General on the formul…
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