what happens if attorney general ignores written senate questions

by Prof. Melany Nikolaus 6 min read

What happens if you don’t comply with an attorney general subpoena?

Anyone summoned as a witness by the authority of either house of the General Assembly or the Legislative Program Review and Investigations Committee to testify about any matter under inquiry before either house, or any committee, who refuses to be sworn or to answer any question pertinent to the question under inquiry is subject to a fine of $ 100 to $ 1,000, or a prison term …

Why would an Attorneys General commence an investigation?

Apr 06, 2022 · The report arrived a week after pressure from Sen. Kelly Townsend, R-Mesa and chair of the Senate Government Committee, to give lawmakers some sense of what the attorney general had uncovered, so ...

What should I do after hearing from an attorney general?

Written Questions for Attorney General Jeff Sessions Submitted by Senator Patrick Leahy (D-Vt.) October 25, 2017 1. U.S. intelligence intercepts reported in July appear to reveal that you discussed “issues of the campaign” with the Russian ambassador during interactions with the …

What is the role of the Attorney General?

Oct 27, 2021 · Attorney General Merrick Garland on Wednesday deflected questions on allegations that Dr. Anthony Fauci lied to Congress about gain-of-function research in China.

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Does the attorney general need Senate 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.

What is the penalty for contempt of Congress?

Statutory proceedings The criminal offense of contempt of Congress sets the penalty at not less than one month nor more than twelve months in jail and a fine of not more than $100,000 or less than $100.

What are the laws that are in violation of the Constitution?

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. —(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Does the attorney general have to be approved by Congress?

The United States attorney general is the head of the U.S. Department of Justice. The position requires a presidential nomination and subsequent confirmation by the United States Senate.

What is obstruction of Congress?

Obstruction of Congress. Congressional Research Service. Summary. Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime.

What is inherent contempt of Congress?

Under the inherent contempt power of the House, the recalcitrant witness may be arrested and brought to trial before the bar of the House, with the offender facing possible incarceration. 3 Hinds Sec. 1685. At the trial of the witness in the House, questions may be put to the witness by the Speaker (2 Hinds Sec.

Can you sue the government for violating the Constitution?

There is a fundamental inequity in the ability of Americans to enforce their rights under the United States Constitution. If a person's constitutional rights are violated by local or state government actors, the person can sue the government actors for damages to compensate for the harm suffered.Oct 10, 2021

What happens if the government violates the Constitution?

United States law allows an individual who believes that his or her constitutional rights have been violated to bring a civil action against the government to recover the damages sustained as a result of that violation.

Can the government make laws that violate the Constitution?

In Marbury v. Madison, 5 U.S. 137 (1803), the Supreme Court held that Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits.

What power does the attorney general have?

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.

What power does the U.S. Attorney General have?

The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.

What is the difference between attorney general and Chief Justice?

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

How are Attorney General investigations resolved?

Perhaps this conclusion may be reached informally whereby the investigation is closed with no action taken and documents returned, assuming state law permits. An investigation may also be closed by some less formal action, such as a letter agreement. Attorneys General typically prefer to resolve an investigation through execution with the respondent of an assurance of voluntary compliance (“AVC”). An AVC is often simply a recitation of stipulated facts describing the state’s position and the respondent’s position. An AVC also includes some type of injunctive relief, under which the respondent agrees to follow by relevant law, and perhaps some form of future monitoring and compliance plans. If the circumstances warrant based on consumer harm, monetary payments may also be made to complainants or a consumer restitution fund could be established. Investigative costs and fines are also a possibility if the conduct is sufficiently problematic or justifies some additional deterrent.

What is the role of the Attorney General of Illinois?

In Illinois, and across the nation, the Attorneys General serve as the law firm to the states. These offices has separate sections or divisions that focus on a particular area of law such as antitrust, Medicaid, consumer protection, and criminal law. Knowing the investigative powers of Attorneys General, and how to respond in the event of an investigation can ensure that minor regulatory issues do not grow into major problems. Should an investigation arise, the tension and balance is to achieve full cooperation while protecting privileges.

What is the Consumer Fraud Act of Illinois?

The Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), 815 ILCS 505/1, et seq ., grants the Attorney General authority to enjoin a variety of consumer abuses such as fraud , deception, and misrepresentation. As with many state consumer statutes, the Consumer Fraud Act was patterned on Section 5 (a) of the Federal Trade Commission Act, 15 U.S.C. §41, et seq ., and in interpreting the Consumer Fraud Act “consideration shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to Section 5 (a) of the Federal Trade Commission Act.” 815 ILCS 505/2. Based on the incorporation of this language, the Consumer Fraud Act is often referred to as a “mini-FTC act.”

How to protect yourself from a subpoena?

Additionally, a witness may protect himself from an improper subpoena by filing a timely motion to quash or modify in a state circuit court. Although modifying a subpoena is common, it is rare to quash a subpoena in its entirety, particularly given the broad discretion granted to the Attorney General.

What is the purpose of the Consumer Fraud Act?

The Consumer Fraud Act’s purpose is “to protect consumers and borrowers and businessmen against fraud, unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” 815 ILCS 505/1.

What is a CID in the US?

This process is sometimes referred to as a civil investigative demand (“CID”). To issue a CID, it is only necessary for an Attorney General to believe that a person has, or may be, engaged in unlawful conduct. Attorney General does not have the burden to prove unlawful conduct before issuing a CID.

What are objections to a subpoena?

Objections to a subpoena may consist of procedural defects as well as substantive ones, such as privilege. It is critical to analyze whether objections may exist before responding to a subpoena in order to avoid any claim of waiver.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What does experience counsel do?

Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.

Who is David Klein?

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Is a cover up worse than a crime?

The cover-up often is worse than the crime. Third, contact experienced counsel immediately. Attorneys general commence investigations for a wide variety of reasons. Perhaps they are seeking information about, or are investigating, your industry generally.

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