what does it take for a president to assign a new attorney general

by Mr. Barrett Leffler 7 min read

What does the Attorney General do?

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.

What happens if the Attorney General is removed from office?

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.

When does the Attorney General appoint a special counsel?

The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -

How much power does the Attorney General have?

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-reaching tentacles of power in matters of law, from the banal to the extremely serious, this power can reach nearly all aspects of life in the U.S.

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What is the expectation of a president to the confidentiality of his conversations and correspondence?

The expectation of a president to the confidentiality of his conversations and correspondence, like the confidentiality of judicial deliberations, has all the values to which we accord deference for the privacy of all citizens and, added to those values is the necessity for protection of the public interest in candid, objective, even blunt or harsh opinions in presidential decision-making. A president and those who assist him must be free to explore alternatives in the process of shaping policies and making decisions, and to do so in a way many would be unwilling to express except privately.

Is the AG the President's personal attorney?

Nope. He works for the American people. The AG is not the president's personal attorney.

Is the Attorney General the President's attorney?

Yes, make no mistake, the attorney general is not the president’s attorney; he’s the nation’s attorney. And the president shouldn’t expect to be able to confide in him as if he’s the president’s personal lawyer. To be clear, no traditional attorney-client safe harbor applies to their communications. Still, suppose for example, a president asks his attorney general for advice on the “political” consequences of invading another nation, or whether the president likely will be asked to testify before Congress about pardoning a political crony. Can a president confidentially ask his attorney general if Congress can legally demand his tax returns, or whether he can declare a national emergency when the president has no grounds to believe it exists?

Who presents a signed commission to the successful nominee?

Third, the president presents a signed commission to the successful nominee and he or she is sworn in, assuming authority to carry out the duties of the office.

Who shall appoint Ambassadors, other public ministers and consuls, Judges of the Supreme Court?

shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.

How many nominees have been rejected by the Senate?

3 nominees. In the past 100 years, the Senate has rejected three nominations on a recorded vote. Americans tend to think of their president as the most powerful person in the world, but the Constitution limits the power of all three branches of government—the president as well as the Congress and the federal courts.

What is Article 2 Section 2?

Article II, Section 2 empowers the president to nominate and—“by and with the Advice and Consent of the Senate”—to appoint principal officers such as department heads as well as subordinate ones such as deputies. The process of the president’s nomination of Cabinet secretaries, and the Senate’s confirmation of them, ...

How many Supreme Court nominees have been withdrawn?

Four nominees withdrew (out of seven in history). Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative.

Why do potential presidential candidates get priority?

Because all this takes time, potential nominees for the highest positions usually get priority. In 2004, Congress amended the law governing presidential transitions to encourage a president-elect to put forward candidates for the national security team shortly after the election.

What forms do cabinet candidates fill out?

A candidate for a Cabinet or other top position fills out various forms, such as a financial disclosure report and a national security questionnaire. The Office of Government Ethics is available to guide a candidate through the paperwork.

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 does Barr believe about the executive branch?

Barr believes that congressional subpoenas and restrictions to the President’s removal power and legislative vetoes are encroachments on the power of the Executive branch . In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur.

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.

How many agencies does the Department of Justice have?

The Department of Justice touches nearly every part of legal life in America, from violent crime to tax code violations, with nearly sixty separate and distinct agencies listed on the DOJ website. Other notable agencies the DOJ is responsible for include:

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.

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Who was the acting attorney general of the Clinton administration?

That decision-making role fell previously to Stuart Gerson, who served as acting attorney general during the early months of the Clinton administration after his role as assistant attorney general for the civil division during President George H.W. Bush’s time in office.

What is the key to ensuring that justice continues to be carried out after the firings?

The key to ensuring that justice continues to be carried out after the firings, Gerson said, is having ready replacements, either new U.S. attorneys already vetted and poised to start work, or court-appointed acting U.S. attorneys or interim U.S. attorneys who can continue the investigations or prosecutions already underway.

Why did Biden call for Alberto Gonzales to resign?

In 2007, Biden publicly called for then-AG Alberto Gonzales to resign in part over the decision to fire eight U.S. attorneys amid allegations of Republican meddling in some of their investigations. Several GOP senators said they also had lost faith in Gonzales, and he eventually stepped down.

Why did Biden call for Gonzales to step down?

In his interview with Wallace, Biden defended his call for Gonzales to step down, arguing that the U.S. attorney firings were politically motivated. Biden added that he believed Gonzales had become a “creature of the president, not the attorney for the people as well as representing the president.”.

What is Joe Biden's role in the Senate?

With nearly five decades of public life in Washington that includes time serving as chairman of the Senate Judiciary Committee, Joe Biden has a special vantage point in sizing up how previous presidents have handled their relationships with their hand-picked attorneys general. Biden has also taken public positions on whether former presidents properly fired slates of U.S. attorneys chosen by predecessors and who were involved in politically charged investigations and prosecutions.

Does Biden want to run the Justice Department independently?

President-elect Joe Biden has vowed to restore integrity to the Justice Department and allow it to run independently, free of White House meddling. But if the experience of his predecessors is any guide, that lofty pledge is easier said than done – even if a president’s own son were not the subject of a federal investigation.

Did Barr resign?

All of this is taking place against the chaotic backdrop of the current administration’s waning days and the sudden resignation this week of Attorney General William Barr. Trump’s once-trusted legal chieftain’s abrupt decision not to finish out the administration’s term came after President Trump openly railed against some of his actions (or lack thereof). The president denounced Barr’s statement that he hadn’t seen enough evidence of election fraud thus far to overturn the presidential outcome. Trump also expressed displeasure with Barr’s decision to keep the Hunter Biden investigation, which began in 2018, under wraps throughout the 2020 campaign.

Who has the power to appoint a special counsel?

The U.S. Attorney General has the power to appoint a special counsel. In the case where the Attorney General has recused him or herself, the Deputy Attorney General has the power to appoint this individual, according to the Code of Federal Regulations: §600.1 Grounds for appointing a Special Counsel. The Attorney General, or in cases in which the ...

Who appointed the counsel for the Clinton investigation?

To do this, Congress would have to pass a law requesting that a three-judge panel of members of the U.S. Court of Appeals in Washington, D.C. appoint the counsel. The last time this method was used was for the appointment of Kenneth Starr to investigate President Bill Clinton.

Can Congress appoint a special committee to investigate?

Lastly, Congress could appoint a special congressional committee to investigate (think Watergate Committee ). Such committees are usually bipartisan and are run by members of Congress. The committee would have the right to subpoena. The difference between this kind of committee and the investigations currently being conducted by the House and Senate Intelligence Committees is that the committee would only be investigating the Russia allegations, rather than investigating and handling the regular business of a congressional committee.

When does the Attorney General appoint a special counsel?

According to the Code of Federal Regulations ( Title 28 , Chapter VI , Part 600, Section 600.1): “The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and -.

Who decides what the special counsel is to investigate?

The attorney general decides what the special counsel is to investigate, and what the jurisdiction of the special counsel will be – meaning what authority they have to investigate and prosecute a crime.

What is a special prosecutor?

A special prosecutor – the are called special counsel now – is a lawyer appointed to investigate a specific legal case. The person appointed as a special counsel has nearly unlimited means to investigate an issue, and has to answer to virtually no one during the investigation.

How long does it take to get a criminal investigation started?

An investigation could take up to nine months, though there is no time frame for one.

Is a special counsel appointment unreviewable?

The decision to appoint or not appoint a special counsel is "unreviewable" according to the Code of Federal Regulations.

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What Is The Role of The Attorney General?

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 Gene...
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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-reaching tentacles of power in matter…
See more on rantt.com

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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