Any person aggrieved by an action of the Attorney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and continuance in office is in violation of article I, section 6, clause 2, of the Constitution.
Aug 17, 2010 · A. The Attorney General is authorized in the U.S. Code, 28 USC Sec 503 (or Title 28, Part 2, Chapter 31, section 503 for us mortals). Specifically: The 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.
Jan 17, 2019 · ROBERTS: Well, obviously, the most famous case of an attorney general defending the Constitution over the president's wishes was the so-called "Saturday Night Massacre," when Nixon ordered his ...
Mar 20, 2017 · That is because each serves at the pleasure of the president. Those instances when presidents have exercised the authority to fire …
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.
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.
However, the following U.S. Supreme Court cases clarified the president's sole removal authority: Myers v. United States (1926): The court held that the power to remove appointed officials, with the exception of federal judges, rests solely with the president and does not require congressional approval.
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.
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.
Technically, no sitting President has ever fired an Attorney General they nominated to office with Senate approval. But President Trump clearly has the power to remove Sessions, based on the Constitution and past legal decisions. And most importantly, he can ask for his resignation.Jul 26, 2017
Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.
In 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.
The members of the Cabinet serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v. United States (1926), or downgrade their Cabinet membership status.
The NSW Attorney General is the legal advisor to the Government of NSW. The Attorney General is responsible for representing the State and may act on its behalf in all legal proceedings in which the State is a party. preserves civil liberties.
The Attorney-General attends Cabinet, but the post is not the same as the Minister of Justice. By tradition, persons appointed to the position of Attorney-General have been lawyers.
A suspension is temporary, but the power it confers is extraordinary. When a suspension is in effect, the president, typically acting through subordinates, can imprison people indefinitely without any judicial check.
Kevin Ryan (R) Though described as "loyal to the Bush administration," he was allegedly fired for the possible controversy that negative job performance evaluations might cause if they were released. John McKay (R) Was given a positive job evaluation 7 months before he was fired.
Officials who resigned. Alberto Gonzales, United States Attorney General, former White House Counsel. Kyle Sampson, Chief of Staff to the Attorney General. Michael A. Battle, Director of the Executive Office for U.S. Attorneys. Michael Elston, Chief of Staff to the Deputy Attorney General.
^ "Although Bush and President Bill Clinton each dismissed nearly all U.S. attorneys upon taking office, legal experts and former prosecutors say the firing of a large number of prosecutors in the middle of a term appears to be unprecedented and threatens the independence of prosecutors ." Gonzales: 'Mistakes Were Made' The Washington Post, March 14, 2007
White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher."
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. Before March 9, 2006, such interim appointments expired after 120 days, if a Presidential appointment had not been approved by the Senate. Vacancies that persisted beyond 120 days were filled through interim appointments made by the Federal District Court for the district of the vacant office.
Attorney General Gonzales, in a confidential memorandum dated March 1, 2006, delegated authority to senior DOJ staff Monica Goodling and Kyle Sampson to hire and dismiss political appointees and some civil service positions.
Members of Congress investigating the dismissals found that sworn testimony from Department of Justice officials appeared to be contradicted by internal Department memoranda and e-mail, and that possibly Congress was deliberately misled. The White House role in the dismissals remained unclear despite hours of testimony by Attorney General Gonzales and senior Department of Justice staff in congressional committee hearings.
By issuing a grand jury subpoena, a U.S. attorney may destroy a hard-won reputation. In some instances, a U.S. attorney may use the power of the government to intentionally and methodically take another person's life.
At the other end of that spectrum, consider a former U.S. attorney for New Mexico, David Iglesias. In 2005, a Republican senator from that state, Pete Domenici, wanted Iglesias to initiate prosecutions against certain Democrats. When Iglesias declined because the cases lacked merit, Domenici voiced his unhappiness with the decision. What followed had long-lasting impact at the Department of Justice: Attorney General Alberto Gonzales fired Iglesias and a number of other U.S. attorneys, I among them, for what many found to be politically motivated reasons.
That makes the U.S. attorney more than a mere gatekeeper. By issuing a grand jury subpoena, a U.S. attorney may destroy a hard-won reputation. In some instances, a U.S. attorney may use the power of the government to intentionally and methodically take another person's life.
This broad authority makes the selection of a U.S. attorney an important process that must be done with much care. Appointment to the position requires full Senate confirmation. Background checks are done not by government contractors but by special agents of the FBI, and they are most thorough: Given the threat of terrorism, and that terrorism cases arise throughout the country, each U.S. attorney must qualify to receive the highest of security clearances.
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.
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]