what do acting attorney general do

by Adam Prosacco 7 min read

The principal duties of the Attorney General are to: Represent the United States
the United States
Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties.
https://www.justice.gov › usao › justice-101 › federal-courts
in 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.
Oct 8, 2021

Who does the Attorney General work for?

While varying from one jurisdiction to the next due to statutory and constitutional mandates, the role of attorney general typically includes: 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

What do attorneys general do?

Mar 23, 2010 · The attorney general is in charge of supervising United States attorneys and marshals in their respective judicial districts. While attorneys are responsible for prosecuting offenses against the United States and prosecuting or defending in proceedings in which the United States requires representation, marshals issue orders and processes under the …

Who is the current head of DOJ?

Nov 13, 2018 · "Acting Attorney General Matt Whitaker is fully committed to following all appropriate processes and procedures at the Department of Justice, including consulting with senior ethics officials on ...

Who is the Attorney General of the US?

Feb 11, 2022 · The acting attorney general leads the US Justice Department and is the legal leader of the federal government in the United States. In all legal matters, the attorney general advises the president ...

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What does acting US attorney mean?

Definition. An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Who appointed the acting Attorney General?

In his place, the president has appointed Jeffrey Rosen – Mr Barr's current deputy attorney general – as the acting attorney general. He will be the fifth attorney general under the Trump administration, the most appointed to the role for a one-term president.Dec 15, 2020

Can there be an acting AG?

Instead, the authority to act as Attorney General is derived from one statute alone: 28 U.S.C. ... 3 It is not subject to presidential discretion, it is not subverted or displaced by FVRA, and most significantly, the President may not choose between FVRA and § 508 to determine who can become Acting Attorney General.Jun 1, 2020

Who is the acting attorney general now?

Incumbent. Merrick Garland 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.

Why did Whitaker not recuse himself?

They also said that it was a "close call" and his decision, but in their opinion he "should recuse himself because 'a reasonable person with knowledge of the relevant facts' would question his impartiality due to the statements he had made to the press." Whitaker decided not to recuse himself, not wanting to be the first attorney general "who had recused [himself] based on statements in the news media."

What did Whitaker say about the courts?

Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the constitutionality of the acts of the other branches of government, and several other Supreme Court holdings. When Whitaker later became acting Attorney General four years later, Harvard Law School professor Laurence Tribe commented on Whita ker's views that "the overall picture he presents would have virtually no scholarly support", and that they would be "'destabilizing' to society if he used the power of the attorney general to advance them".

Where was Matthew Whitaker born?

Early life, education, and college football career. Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009.

Who replaced Jody Hunt?

On September 22, 2017, a Justice Department official announced that Sessions was appointing Whitaker to replace Jody Hunt as his chief of staff. George J. Terwilliger III, a former U.S. attorney and deputy attorney general, said in his role as chief of staff, Whitaker would have dealt daily with making "substantive choices about what is important to bring to the AG".

Is Whitaker a CNN contributor?

For four months, from June to September 2017, Whitaker was a CNN contributor. One month prior to joining the Justice Department, he wrote an opinion column for CNN titled "Mueller's Investigation of Trump is Going Too Far". He retweeted a link to an article that stated that Mueller's investigation was a "lynch mob", that it should be limited, and that it should not probe into Trump's finances.

Why did Whitaker join Trump's legal team?

Trump saw Whitaker's supportive commentaries on CNN in the summer of 2017, and in July White House counsel Don McGahn interviewed Whitaker to join Trump's legal team as an "attack dog" against Robert Mueller, who was heading the Special Counsel investigation. Trump associates believe Whitaker was later hired to limit the fallout of the investigation, including by reining in any Mueller report and preventing Trump from being subpoenaed. On November 13, a DOJ spokesperson said that Whitaker would seek advice from ethics officials at the Department of Justice (DOJ) about whether a recusal from overseeing the Russia investigation was warranted.

What did Whitaker say about Mueller?

During a six-month span in 2017, Whitaker insisted that there was no obstruction of justice or collusion and criticized the initial appointment of the special counsel. He also called the probe "political" and "the left is trying to sow this theory that essentially Russians interfered with the U.S. election, which has been proven false". He also published an op-ed titled, "Mueller's Investigation of Trump Is Going Too Far" in which he expressed skepticism about the investigation generally and called the appointment of Mueller "ridiculous". He also retweeted a link to an article that referred to the investigation as a "lynch mob".

What does the Attorney General do?

The attorney general prosecutes cases that involve the government and gives advice to the president and heads of the executive departments when needed. 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, ...

Who is the attorney general appointed by?

Some attorneys general are elected in statewide contests, while others are appointed by the governor, legislature or supreme court. The projects that an attorney general can take on are wide ranging.

What is the role of an attorney?

While attorneys are responsible for prosecuting offenses against the United States and prosecuting or defending in proceedings in which the United States requires representation, marshals issue orders and processes under the authority of the United States.

Could he fire Mueller?

In short, "Yes. But he needs to find good cause to do so," said Rebecca Lonergan, a former assistant U.S. Attorney who now teaches at the University of Southern California's Gould School of Law.

Could Whitaker cut Mueller's budget?

Whitaker certainly seems to think he could cut slash Mueller's budget. In July 2017, he told CNN's Don Lemon he could envision a scenario in which the "attorney general doesn't fire Bob Mueller but he just reduces his budget to so low that his investigations grind to almost a halt."

Could he control the scope of Mueller's investigation?

Whitaker has certainly been critical of the scope of Mueller's investigation, writing an entire op-ed for CNN on that topic last year.

What's the deal with recusal?

Democrats are urging Whitaker to recuse himself from the Mueller probe due to his past critical comments. But Whitaker hasn't made any indication he will do so, and it seems less likely he would do so after Mr. Trump repeatedly blasted Sessions for his recusal, even claiming that he had no attorney general.

What about Whitaker's appointment in the first place?

Still, Whitaker's appointment itself is facing legal questions. Maryland's attorney general has already filed a lawsuit claiming Whitaker's appointment is "illegal and unconstitutional."

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Overview

Matthew George Whitaker (born October 29, 1969) is an American lawyer, lobbyist and politician who served as the acting United States Attorney General from November 7, 2018, to February 14, 2019. He was appointed to that position by President Donald Trump after Jeff Sessionsresigned at Trump's request. Whitaker had previously served as Chief of Staff to Sessions from October 201…

Early life, education, and college football career

Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009. Whitaker attended the University of Iowa, receiving a bachelor's degree in communications in 1991 and Master of Business Administration and Juris Doctor degrees in 1995.

Career

After graduating from law school, Whitaker lived in Minneapolis, Minnesota from 1995 to 2001, before moving back to Iowa.
Whitaker worked for a number of regional law firms, including Briggs & Morgan (Minneapolis) and Finley Alt Smith (Des Moines), and he was corporate counsel for national grocery store chain SuperValuin Minneapolis. He also owned or co …

Legal and policy views

Whitaker stated in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch". Whitaker was critical of the U.S. Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the constitutionality of the acts of the other branches of government, and several other Supreme Court holdings. When Whitaker later became acting Attorney General four years later, Harvard La…

Writings

• Above the Law: The Inside Story of How the Justice Department Tried to Subvert President Trump. Regnery Publishing. 2020. ISBN 978-1684510498.

See also

• Timeline of investigations into Trump and Russia (July–December 2018)