what happens if the attorney general is fired or resigns

by Verna McDermott I Published 3 years ago Updated 2 years ago 9 min read

Can a US Attorney resign during a new administration?

Jul 29, 2017 · Consequently, if Sessions is fired or resigns, under this provision Deputy Attorney General Rod Rosenstein would assume the attorney general’s authorities. The statute further provides that if both the attorney general and the deputy attorney general are unavailable or unable to serve, the associate attorney general “shall act” as attorney general.

Should Attorney General William Barr be fired by the end of business?

Aug 24, 2018 · If Sessions is fired, then Deputy Attorney General Rod Rosenstein, the current No. 2 at the Justice Department, would automatically take …

Did Trump ask Attorney General Barr to resign?

Dec 14, 2020 · Berman, who was reportedly investigating Trump’s lawyer Giuliani, fired back hours later that he had not resigned and would not step down until Trump formally nominated a replacement and that...

Why did Tom Gonzales resign as Attorney General?

Dec 14, 2020 · Attorney General William Barr on Monday said he would resign next week, ending a tenure in which the President Donald Trump loyalist …

Who can fire the attorney general of the United States?

Can the US attorney general be removed from office?

The attorney general is nominated by the president and confirmed by the U.S. Senate. There is no designated term for the attorney general, rather the president can remove him or her from the office at any time.

Who comes after the attorney general?

United States Attorney GeneralSuccessionSeventhDeputyUnited States Deputy Attorney GeneralSalaryExecutive Schedule, Level IWebsitewww.justice.gov13 more rows

Who succeeded William Barr?

Jeffrey A. RosenPreceded byWilliam BarrSucceeded byMonty Wilkinson (acting)38th United States Deputy Attorney GeneralIn office May 22, 2019 – December 23, 202027 more rows

What powers does the US attorney general have?

Attorney General Powers and ResponsibilitiesIssuing formal opinions to state agencies.Acting as public advocates in areas such as child support enforcement, consumer protections, antitrust and utility regulation.Proposing legislation.Enforcing federal and state environmental laws.More items...

How do you get rid of the Attorney General of the United States?

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

Why is the DOJ important?

The Department of Justice serves to prevent terrorism and promote the Nation's security consistent with the rule of law; prevent crime, protect the rights of the American people, and enforce federal law; and ensure and support the fair, impartial, efficient, and transparent administration of justice at the federal, ...

What does an attorney do?

An attorney, also called a lawyer, advises clients and represents them and their legal rights in both criminal and civil cases. This can begin with imparting advice, then proceed with preparing documents and pleadings and sometimes, ultimately, appearing in court to advocate on behalf of clients.Nov 19, 2019

Who is above the district attorney?

The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

Is Bill Barr married?

Christine BarrWilliam Barr / Spouse (m. 1973)

Who is the new deputy attorney general?

Lisa MonacoThe deputy attorney general is a political appointee of the President of the United States and takes office after confirmation by the United States Senate....United States Deputy Attorney GeneralIncumbent Lisa Monaco since April 21, 2021United States Department of JusticeStyleMadam. Deputy Attorney General8 more rows

1. Who is immediately in charge?

If Sessions is fired, then Deputy Attorney General Rod Rosenstein, the current No. 2 at the Justice Department, would automatically take his place – at least, according to statute and the President’s own executive order detailing the succession plan from March.

2. Can Trump pick someone else entirely?

Yes – the President doesn’t have to follow the usual course, but this is where things could get tricky.

3. What about a recess appointment?

Another option is for Trump to announce a replacement for Sessions during the next Senate recess – a so-called “recess appointment” who could then serve until the end of the next congress.

Who is leaving the Trump administration?

Attorney General William Barr, the head of the Department of Justice, will depart the Trump administration before Christmas, President Donald Trump said. The widely anticipated announcement of Barr’s departure came just moments after President-elect Joe Biden’s victory over Trump was formalized by the Electoral College.

When will Barr leave office?

Attorney General William Barr, the head of the Department of Justice, will leave office before Christmas, President Donald Trump said Monday. The widely anticipated announcement of Barr’s departure came just moments after President-elect Joe Biden ’s victory over Trump was formalized by the Electoral College.

Who is the No. 2 Justice Department official?

Richard Donoghue , former U.S. Attorney for the Eastern District of New York, will take over Rosen’s role as the No. 2 official at the Justice Department, Trump wrote.

Who was Roger Stone?

After federal prosecutors suggested a harsh prison term for GOP operative Roger Stone, a friend of Trump’s who had been convicted of seven felonies related to lying to Congress, Barr stepped in to lighten that proposed sentence. Four of the federal attorneys on Stone’s case quit the prosecution shortly thereafter.

Why are emails about the firing of attorneys lost?

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."

Who called for Gonzales resignation?

A number of members of both houses of Congress publicly said Gonzales should resign, or be fired by Bush. On March 14, 2007, Senator John E. Sununu ( R, New Hampshire) became the first Republican lawmaker to call for Gonzales' resignation. Sununu cited not only the controversial firings but growing concern over the use of the USA PATRIOT Act and misuse of national security letters by the Federal Bureau of Investigation. Calls for his ousting intensified after his testimony on April 19, 2007. By May 16, at least twenty-two Senators and seven Members of the House of Representatives — including Senators Hillary Clinton ( D, New York) and Mark Pryor ( D, Arkansas )— had called for Gonzales' resignation.

Why was Kevin Ryan fired?

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.

Who resigned from the White House?

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.

Who can appoint an attorney?

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.

Who was the DOJ attorney general in 2006?

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.

Was the White House misled by the Department of Justice?

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.

What did Barr do to Trump?

Barr repeatedly and unapologetically prioritized Trump's political goals while furthering his own vision of expansive presidential power. In his most notorious move, Barr delivered a misleading summary of special counsel Robert Mueller's report, essentially clearing Trump in the Russia probe, which drew a sharp rebuke from Mueller himself. ...

What did Barr say about the lockdown?

The attorney general echoed the President's anger at coronavirus lockdowns, calling them, apart from slavery, "the greatest intrusion on civil liberties in American history." Barr also asked for the Justice Department to take over the President's defense in a defamation lawsuit filed against him by Jean E. Carroll, who accused him of sexual assault.

What was Barr's most notorious move?

In his most notorious move, Barr delivered a misleading summary of special counsel Robert Mueller's report, essentially clearing Trump in the Russia probe, which drew a sharp rebuke from Mueller himself.

Was Barr fired from the White House?

Still, a White House official said Barr was not forced out or fired. “He wasn’t asked to resign,” the official said, insisting there were no fireworks during the meeting between Trump and Barr on Monday afternoon. “It was a very amicable meeting.”.

What was Barr asked about?

Barr's loyalty to Trump during his tenure at the Justice Department had sometimes put him in a tough public spot, including in September, when he was asked about Antifa, a left-wing group the Justice Department has claimed stirs protests toward violence.

When is Biden's speech in 2021?

Drew Angerer/Getty Images. President Joe Biden speaks about the nation's economic recovery amid the COVID-19 pandemic in the State Dining Room of the White House on July 19, 2021 in Washington, DC.

Who is the speaker of the House in 2021?

US Speaker of the House, Nancy Pelosi, Democrat of Califor nia, speaks at her weekly press briefing on Capitol Hill in Washington, DC, on July 22, 2021.

Who is the ranking member of the House Judiciary Committee?

15, 2017. Rep. Jerry Nadler , the ranking member of the House Judiciary Committee, also called for accountability.

Who was the Special Counsel for Russia?

Rosenstein soon appointed Special Counsel Robert Mueller to oversee the Russia probe, angering the president. Win McNamee/Getty Images.

What did Whitaker say about Sessions?

Whitaker in a statement called Sessions as a dedicated public servant and said he is committed to leading the Justice Department with the "highest ethical standards.". "It is a true honor that the President has confidence in my ability to lead the Department of Justice as Acting Attorney General. I am committed to leading a fair Department with ...

No Plan to Resign

Recently, some have speculated that Barr may resign after making comments that the DOJ hadn’t found evidence of voter fraud that would overturn the election result, which enraged the President.

Will Barr Be Fired?

Now that the supreme court has rejected Texas’ legal challenge, Donald Trump is all out of options. He’s not going to be able to overturn the election result, no matter what kinds of fraud may or may not have taken place.

Bonus Pick: Kamala Harris Presidency

I’ll be covering this more in-depth in another article dedicated to the Hunter Biden investigations, but the pieces are quickly moving into place for Kamala Harris to become the President of the United States.

Who resigned from Trump's administration?

President Donald Trump speaks to the media as he arrives at the White House after meetings at Camp David, on January 6. Anthony Zinni, a retired four-star Marine Corps general, has resigned from President Donald Trump’s administration. JIM WATSON/AFP/Getty Images

Who is the 4 star general who left the Trump administration?

Zinni's decision makes him the latest four-star general to depart from the Trump administration, following close behind the December announcement of General James Mattis, who served as secretary of defense.

When did John Kelly leave the White House?

Prior to Mattis, Trump revealed in early December that John Kelly, who was also a retired four-star Marine Corps general and was serving as the White House chief of staff, would leave at the end of 2018. Before taking over the White House role, Kelly had been Trump's secretary of homeland security.

Who is Anthony Zinni?

Anthony Zinni, a retired four-star Marine Corps general, has resigned from President Donald Trump's administration. The general, who formerly served as the head of U.S. Central Command, was an envoy for the Trump administration to resolve an ongoing dispute between U.S. ally Qatar and a Saudi-led block of Arab states.

Which countries have blocked Qatar?

For the past year and a half, Saudi Arabia, the United Arab Emirates, Bahrain and Egypt have implemented a blockade against former close ally Qatar. The dispute arose in late May 2017 after the Qatar News Agency broadcast controversial comments attributed to the emirate's ruler, Emir Sheikh Tamim bin Hamad Al Thani.

Did Trump support the Saudi blockade?

Trump initially signaled his full support for the Saudi-led blockade, which saw the angered Arab states end all diplomatic and trade relations with wealthy Qatar. But Rex Tillerson, who was then serving as secretary of state, took a more moderate approach.

Overview

Notes

1. ^ "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
2. ^ Bowermaster, David (2007-05-09). "Charges may result from firings, say two former U.S. attorneys". The Seattle Times. …

Issues in brief

By tradition, all U.S. Attorneys are asked to resign at the start of a new administration. The new President may elect to keep or remove any U.S. Attorney. They are traditionally replaced collectively only at the start of a new White House administration. U.S. Attorneys hold a political office, in which the President nominates candidates to office and the Senate confirms, and consequently, they serve at the pleasure of the President. When a new President is from a differ…

Fallout

By April 2007, there was some speculation that the dismissal of the US attorneys might affect cases of public corruption and voter fraud. According to the National Law Journal,
Just the appearance of political influence in cases related to those firings, combined with the recent, unusual reversal of a federal public corruption convi…

Replacement of the U.S. Attorneys

On January 6, 2005, Colin Newman, an assistant in the White House counsels office, wrote to David Leitch stating, "Karl Rovestopped by to ask you (roughly quoting) 'how we planned to proceed regarding U.S. Attorneys, whether we were going to allow all to stay, request resignations from all and accept only some of them or selectively replace them, etc.'". The email was then forwarded to Kyle …

Reactions and congressional investigation

The initial reaction was from the senators of the affected states. In a letter to Gonzales on January 9, 2007, Senators Feinstein (D, California) and Leahy (D, Vermont; Chair of the Committee) of the Senate Judiciary Committee expressed concern that the confirmation process for U.S. attorneys would be bypassed, and on January 11, they, together with Senator Pryor (D, Arkansas), introduced legislation "to prevent circumvention of the Senate's constitutional prerogative to con…