what happens if an attorney general is not confirmed

Can the Senate legally refuse to confirm a president?

Sep 25, 2014 · Holder. Holder announced his intended resignation on Thursday and he will remain in office until a successor is named and then confirmed by the Senate. With Congress mostly out of session until...

Can an acting cabinet member be confirmed by the Senate?

Sep 17, 2007 · vacant, the Associate Attorney General “shall act as Attorney General”; and that the Attorney General “may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General.” 28 U.S.C. § 508(a), (b). The Vacancies Reform Act thus did not extinguish the

Can the Senate reject a President’s cabinet nominee?

Jul 29, 2017 · After Attorney General Alberto Gonzales resigned, a 2007 Office of Legal Counsel opinion held that the president could designate the assistant attorney general for the Civil Division to serve as acting attorney general under the VRA notwithstanding the fact that a Senate-confirmed solicitor general was available to serve pursuant to the attorney general’s …

What happens when the Senate votes on a judicial nominee?

Feb 04, 2021 · President Joe Biden (D) announced Merrick Garland was his nominee for U.S. attorney general on January 7, 2021. This presidential appointment required Senate confirmation.. The Senate Judiciary Committee held Garland's confirmation hearing for February 22-23, 2021. The Senate confirmed him on March 10, 2021, by a vote of 70-30. The Biden …

Does the US attorney general have to be confirmed?

The attorney general serves as the principal advisor to the president of the United States on all legal matters. ... 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.

Can the president fire 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.

When the the US attorney general is absent or disabled and the deputy Attorney General is also unavailable who is authorized to act in that office?

The tenor of section 508—which directly imbues the deputy attorney general with the authorities of the attorney general in the event of a vacancy, and further provides that the associate attorney general “shall” serve as acting attorney general if both the attorney general and the deputy are unavailable—suggests that ...Jul 29, 2017

What is the duty of Attorney General?

The Attorney-General is the Chief Law officer of a state responsible for advising the government on legal matters and representing it in litigation.

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.

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 a petite waiver?

A policy of the US Justice Department that following a state prosecution there should be no federal prosecution for the same transaction in the absence of compelling federal interests.

Who is the prosecution in a case?

prosecutorThe prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person.

What does DOJ stand for?

Department of JusticeAbout DOJ | DOJ | Department of Justice. Official websites use .gov. A .gov website belongs to an official government organization in the United States.

What is the difference between Attorney General and Solicitor General?

The attorney general is usually a highly respected senior advocate of the court, and is appointed by the ruling government. ... The solicitor general is the second law officer of the state after the attorney general.Jan 14, 2006

Can Attorney General attend cabinet meetings?

Detailed Solution. The correct answer is Attorney General of India. Attorney General of India can attend the meetings of both houses of Parliament while not being a member of either. The Attorney General for India is the Indian government's chief legal advisor.

What is the difference between chief justice and Attorney General?

In layman terms, Chief Justice is a Judge and Attorney General is a Lawyer, both have distinct roles to play. The Attorney General of India is the highest law officer of the country and he/she is the chief legal advisor to the GoI. He is responsible to assist the government in all its legal matters.Feb 20, 2020

When was Judge Garland confirmed?

The Senate confirmed him on March 10, 2021, by a vote of 70-30. The Biden Transition said in a press release, "A consensus-building voice, Judge Garland has worked under Democratic and Republican administrations.

What is the confirmation process?

The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy.

What would Garland do if he was confirmed?

Garland testified before the panel last week about how he would lead the Justice Department if he is confirmed by the Senate, reassuring senators that he would protect the department's independence and not allow politics to interfere with the job.

How long has Judge Garland been on the Supreme Court?

Garland, 68, has been a judge on the U.S. Circuit Court of Appeals for the District of Columbia since 1997 and was its chief judge from 2013 to 2020. Republicans opted not to consider his nomination by former President Barack Obama to the Supreme Court in 2016.

Who is the attorney general nominee for Biden?

6 a top priority. U.S. Circuit Judge Merrick Garland, President Joe Biden's nominee for attorney general, is sworn in at his confirmation hearing before the Senate Judiciary Committee on Feb. 22.

Who was the Republican nominee for Garland?

Garland's nomination was reported out of the Democratic-led committee in a bipartisan 15-7 vote. Republicans Chuck Grassley of Iowa, the ranking member of the committee, Lindsey Graham of South Carolina, John Cornyn of Texas and Thom Tillis of North Carolina joined all Democrats on the panel in supporting the nomination.

Who is Rebecca Shabad?

Rebecca Shabad is a congressional reporter for NBC News , based in Washington.