Is the appointment of the Acting Attorney General unconstitutional?
Jan 20, 2021 · Acting Attorney General Jeffrey Rosen is resigning Wednesday at noon, ending a tenure marked by the things that didn't happen, including no special counsels appointed despite pressure from the ...
Who will be the Acting Attorney General after Jack Rosen leaves?
Sep 17, 2007 · 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 authority under 28 U.S.C. § 508 by which an Acting Attorney General might serve. Attorney General Alberto R. Gonzales has resigned, effective today. Attorney
Who is the Acting Attorney General involved in a scam?
Jul 29, 2017 · Assuming this attorney general order has not been revised since 2007, it designates the solicitor general and then the assistant attorneys general for the Office of Legal Counsel, for National Security, for the Criminal Division, for the Civil Division, and then other litigating divisions to serve as acting attorney general in that order. For present purposes, however, these …
Who is acting Attorney General John Demers?
Nov 27, 2017 · The FVRA is what ensured there was a functioning Department of Justice post-inauguration, when then-Deputy Attorney General Sally Yates served as the acting attorney general and again after Yates was abruptly fired by the president and Dana Boente took over as acting attorney general until Jeff Sessions was confirmed.
What is attorney general acting?
Instead, the authority to act as Attorney General is derived from one statute alone: 28 U.S.C. § 508. That authority automatically vests the power to act in the Deputy Attorney General and several other Senate-confirmed Department of Justice (DOJ) officials in a specified sequence.Jun 1, 2020
Who appointed the acting attorney general?
In his place, the president has appointed Jeffrey Rosen – Mr Barr's current deputy attorney general – as the acting attorney general. He will be the fifth attorney general under the Trump administration, the most appointed to the role for a one-term president.Dec 15, 2020
Can the President replace the 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.
Does the attorney general have to be confirmed by the Senate?
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.
Who is the head of the Department of Justice?
Attorney General GarlandAs 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.3 days ago
How old is Merrick Garland?
69 years (November 13, 1952)Merrick Garland / Age
What does the US attorney general investigate?
AGs investigate and bring actions under their states' respective unfair, deceptive, and abusive practices laws (“UDAP laws”). UDAP laws tend to broadly prohibit “deceptive” or “unconscionable” acts against consumers.
Who can remove Attorney General?
the PresidentHe 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.
Who was the attorney general under Trump?
Jeff SessionsOfficial portrait, 201784th United States Attorney GeneralIn office February 9, 2017 – November 7, 2018PresidentDonald Trump33 more rows
What positions do not need Senate confirmation?
PA positions (approximately 400 positions): Presidential appointments that do not require Senate confirmation. These are senior-level positions, including jobs within the Executive Office of the President such as senior White House aides and advisors.
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
How does cabinet confirmation work?
The heads of the executive departments and all other federal agency heads are nominated by the president and then presented to the Senate for confirmation or rejection by a simple majority (although before the use of the "nuclear option" during the 113th United States Congress, they could have been blocked by ...
Is the FBI under the Department of Justice?
Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.
How do you address the US attorney general?
Address the letter appropriately. For the Attorney General of the United States address the envelope: The Honorable/(Full name)/Attorney General of the United States/(Address). The salutation of the letter should be: Dear Attorney General (last name).
What branch of government does the DOJ fall under?
executive departmentThe United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States....United States Department of Justice.Agency overviewWebsiteJustice.gov11 more rows
Who was the acting attorney general for Mueller?
With the resignation of Sessions on November 7, 2018, Whitaker was appointed to serve as Acting Attorney General under the Federal Vacancies Reform Act of 1998. In that position, he directly supervised Robert Mueller 's Special Counsel investigation, which had previously been supervised by Deputy Attorney General Rod Rosenstein in his role as Acting Attorney General, due to the recusal of Attorney General Jeff Sessions.
Who is the replacement for Sessions?
By early September 2018, Whitaker was on the short list of President Trump 's White House staff as the replacement for Don McGahn as the White House Counsel.
Why did Whitaker not recuse himself?
They also said that it was a "close call" and his decision, but in their opinion he "should recuse himself because 'a reasonable person with knowledge of the relevant facts' would question his impartiality due to the statements he had made to the press." Whitaker decided not to recuse himself, not wanting to be the first attorney general "who had recused [himself] based on statements in the news media."
What did Whitaker say about the courts?
Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the constitutionality of the acts of the other branches of government, and several other Supreme Court holdings. When Whitaker later became acting Attorney General four years later, Harvard Law School professor Laurence Tribe commented on Whita ker's views that "the overall picture he presents would have virtually no scholarly support", and that they would be "'destabilizing' to society if he used the power of the attorney general to advance them".
Where was Matthew Whitaker born?
Early life, education, and college football career. Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009.
Who replaced Jody Hunt?
On September 22, 2017, a Justice Department official announced that Sessions was appointing Whitaker to replace Jody Hunt as his chief of staff. George J. Terwilliger III, a former U.S. attorney and deputy attorney general, said in his role as chief of staff, Whitaker would have dealt daily with making "substantive choices about what is important to bring to the AG".
Why did Whitaker join Trump's legal team?
Trump saw Whitaker's supportive commentaries on CNN in the summer of 2017, and in July White House counsel Don McGahn interviewed Whitaker to join Trump's legal team as an "attack dog" against Robert Mueller, who was heading the Special Counsel investigation. Trump associates believe Whitaker was later hired to limit the fallout of the investigation, including by reining in any Mueller report and preventing Trump from being subpoenaed. On November 13, a DOJ spokesperson said that Whitaker would seek advice from ethics officials at the Department of Justice (DOJ) about whether a recusal from overseeing the Russia investigation was warranted.
What is a statutory provision?
a statutory provision expressly—. authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or. designates an officer or employee to perform the functions and duties of a specified office temporarily in ...
What is the first assistant?
The term “first assistant” is a unique term of art under the FVRA. Nonetheless, the term is not defined by the Act and its meaning is not entirely clear. For many offices, a statute or regulation explicitly designates an office to be the “first” assistant to that position.
Who is Matthew Kahn?
Matthew Kahn is a second-year student at Harvard Law School and a contributor at Lawfare. Prior to law school, he worked for two years as an associate editor of Lawfare and as a junior researcher at the Brookings Institution. He graduated from Georgetown University in 2017.
Jeff Sessions Forced Out As Attorney General After Constant Criticism From Trump
"Matt Whitaker is a great guy. I mean, I know Matt Whitaker," Trump told Fox News last month. At the time, Trump also sidestepped questions about whether he was preparing to get rid of Sessions.
Who Is Acting Attorney General Matthew Whitaker?
"Don't tell me about Whitaker," Trump said, "because Mueller was not Senate-confirmed."
Early Life, Education, and College Football Career
Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009. Whitaker attended the University of Iowa, receiving a bachelor's degree in communications in 1991 and …
Career
- After graduating from law school, Whitaker lived in Minneapolis, Minnesotafrom 1995 to 2001, before moving back to Iowa.
Legal and Policy Views
- Constitutional issues
Whitaker stated in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch". Whitaker was critical of the U.S. Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the con… - Criticisms of 2017 Special Counsel investigation
During the months prior to joining the Justice Department as Jeff Sessions' chief of staff in September 2017, Whitaker made several statements critical of the Mueller investigation, of which he assumed oversight responsibility upon being appointed Acting Attorney General in Novembe…
Writings
- Above the Law: The Inside Story of How the Justice Department Tried to Subvert President Trump. Regnery Publishing. 2020. ISBN 978-1684510498.
External Links
- Department of Justice profile
- Archived official campaign siteMatthew Whitaker for Treasurer (2002) and U.S. Senate (2014)
- Profile at Vote Smart
- Financial information (federal office) at the Federal Election Commission
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