what does it take to remove the doj attorney general?

What happens if the Attorney General is removed from office?

Thu Jan-18-07 01:47 PM. 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, …

What is the Department of Justice (DOJ) responsible for?

The DOJ does not maintain or provide certified copies of California Local and/or Superior Court Records and as such, does not provide these source documents. To obtain a transcript, you will need to contact the court with jurisdiction over your particular case(s) for certified documents.

Can the Department of Justice (DOJ) disclose my criminal history?

Aug 23, 2021 · Attorney General Merrick B. Garland was sworn in as the 86 th Attorney General of the United States on March 11, 2021. As the nation’s chief law enforcement officer, Attorney General Garland leads the Justice Department’s 115,000 employees, who work across the United States and in more than 50 countries worldwide.

What does the Attorney General of the United States do?

Dec 07, 2021 · The Attorney General had administrative responsibility for pardon application review, 1853-70, although the Department of State continued to issue pardon warrants until a Presidential order of June 6, 1893, transferred this function to the Department of Justice.

How is Attorney General removed?

He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.

Can the president fire his 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.

Has a US attorney general ever been impeached?

Attorneys General. While impeachment proceedings against cabinet secretaries is an exceedingly rare event, no office has provoked the ire of the House of Representatives than that of Attorney General. During the first fifth of the 21st century, no less than three Attorneys General have been subjected to the process.

What is the removal power?

Appointment and removal power, in the context of administrative law, refers to the authority of an executive to appoint and remove officials in the various branches vested in its authority to do so.

Are US attorneys appointed for life?

Appointment. The U.S. attorney is appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified.

Who can fire 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.

Has a vice president ever been impeached?

No United States vice presidents have been impeached. One has gone through an impeachment inquiry, however, without being formally impeached.

What must happen for a removal from office to occur?

The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified such officials from holding public offices in the future. There is no appeal.

How can they be removed from office?

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.

Does the president's appointment power differ from the power of removal?

The president may appoint those officials or officers which the constitution explicitly says he may appoint. The president may remove executive officials, unless removal is limited by statute. ...

What does the Constitution say about removing the government?

But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.

Who can remove an inferior officer?

the PresidentIn 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.

Is criminal history public record?

Criminal History Records are not subject to disclosure under the Public Records Act. In California, state and local summary criminal history information is confidential and access is strictly regulated by statute. Penal Code section 11105 expressly authorizes the DOJ to disclose state summary criminal history information to law enforcement agencies for law enforcement purposes only, to certain employers or regulatory agencies, or to the person who is the subject of the record.

Does the DOJ maintain California court records?

The DOJ does not maintain or provide certified copies of California Local and/or Superior Court Records and as such, does not provide these source documents. To obtain a transcript, you will need to contact the court with jurisdiction over your particular case (s) for certified documents.

Does Section 1203.4 obliterate the fact that a defendant has been adjudged guilty of a

Section 1203.4 does not obliterate the fact that a defendant has been "finally adjudged guilty of a crime." It merely frees the convicted felon from certain "penalties and disabilities" of a criminal or like nature.

Why is a pardon important?

However, a pardon will facilitate removal of legal disabilities imposed because of the conviction, and should lessen to some extent the stigma arising from the conviction. In addition, a pardon may be helpful in obtaining licenses, bonding, or employment.

What is the power of the President to grant clemency?

The President’s clemency power is conferred by Article II, Section 2, Clause 1 of the Constitution of the United States, which provides: “The President . . . shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”. Thus, the President’s authority to grant clemency is limited ...

How long does it take to reapply for a pardon?

A person whose request for a pardon is denied may reapply anytime after two years from the date of the President’s denial of the request. To reapply for a pardon or commutation, a person must complete and submit a new application form that contains current information in response to all questions.

Who was responsible for the pardon of the President?

Responsibility for exercising the pardon power vested in the President by Article II, section 2, of the Constitution was shared by the Secretary of State and the Attorney General from 1789-1853. The Attorney General had administrative responsibility for pardon application review, 1853-70, although the Department of State continued ...

What does commutation of sentence mean?

A commutation of sentence reduces a sentence, either totally or partially, that is then being served, but it does not change the fact of conviction, imply innocence, or remove civil disabilities that apply to the convicted person as a result of the criminal conviction.

What is a pardon for a crime?

A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence.

What is the Privacy Act of 1974?

The Privacy Act of 1974, 5 U.S.C. § 552a, establish es a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies.

What is the role of the Attorney General?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads ...

When did the Department of Justice start?

The Department of Justice traces its beginning to the First Congress meeting in New York in 1789, at which time the Congress devoted itself to creating the infrastructure for operating the Federal Government.

Who does the Attorney General represent?

The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested. In matters of exceptional gravity or importance the Attorney General appears in person before the Supreme Court.

What is the role of the Attorney General?

Attorneys throughout the country, the Attorney General may provide guidance interpreting the law to assist in prosecuting or defending the United States in legal proceedings. The Attorney General also oversees the federal prison system and all of the systems that pertain to it.

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.

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.

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 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.

Who is Marissa Jordan?

Marissa Jordan is an accountant and freelance writer interested in current events, economics, and science. Formerly, she wrote for technical blogs on specialized software. When not writing or accounting, she likes spending time with family, reading, and trivia.

What is the California Department of Justice?

The California Department of Justice (DOJ) is mandated to maintain the statewide criminal record repository for the State of California. In this capacity, sheriff, police and probation departments, district attorney offices, and courts submit arrest and corresponding disposition information. The DOJ uses this information to compile records ...

Where are background checks sent?

The results of background checks are sent to the agency (the agency who requested the criminal background check,) except where statutorily mandated. There are very few instances where statute mandates a second copy of the response be sent to another agency when certain conditions exist. For example, pursuant to Health and Safety Code 1522 if there is no matching fingerprint in the criminal history database a copy of the background check results is also sent to the community care licensing facility, foster family home, or a certified family home of a licensed foster family agency. The community care licensing facility, foster family home, or a certified family home of a licensed foster family agency is not considered an authorized applicant agency, such as the Department of Social Services is, and therefore, is not statutorily authorized to receive the results of a background check containing criminal history.

What is rap sheet?

RAP sheets are based upon fingerprint submissions, and therefore positively identified biometrically; a process by which a person's unique identity is confirmed. Authorized by California statute, the DOJ has processed State of California and Federal Bureau of Investigation (FBI) fingerprint-based background checks for decades.

What is a BCIA 8016?

The background check process begins when an applicant agency provides an applicant with a BCIA 8016, REQUEST FOR LIVE SCAN SERVICE form. The applicant completes the form with his/her personal information and takes the form to a live scan operator where the applicant must provide the appropriate identification. In California, fingerprinting must be performed by a certified fingerprint roller or qualified law enforcement personnel.

Why are fingerprints delayed?

For example, poor fingerprint quality or incorrect data in the electronic transaction can cause a delay.

What does the FBI do with fingerprints?

If the applicant’s fingerprints match fingerprints in the national criminal history database, the FBI sends the DOJ a cumulative RAP sheet that contains criminal history information from any states or federal agencies that have reported the information to the FBI.

How long does it take for the FBI to process a name check?

This allows the DOJ to process the request for the FBI name check and forward it to the FBI within the required 90 days.

What Is The Role of The Attorney General?

• 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 States if the case is deemed important in nature. The Atto…

See more on rantt.com

How Does One Become Attorney General?

What Are The Most Important Powers of The Attorney General?

Who Is The Current Attorney General?

What Agencies Are Under The Department of Justice?

History of The Attorney General

List of Attorneys General

The Rantt Rundown