what if attorney general broke the law

Should attorneys general defend state laws?

Defending state laws is one of the primary duties of attorneys general, something they shouldn’t refuse to do, argues Greg Zoeller, a former AG in Indiana. He had to defend all kinds of laws he didn’t like, including the death penalty, which he opposes on religious grounds.

Why did Maine’s Attorney General refuse to defend a law?

When he was Maine’s attorney general back in the 1990s, Tierney refused to defend a state law he felt was without merit. The state Supreme Court upheld his authority to exercise judgment about which state laws to defend and which ones to leave alone.

Why do attorneys general have so many conflicts of interest?

These conflicts come up most frequently on high-profile issues where partisans hold strong and opposing positions. Defending state laws is one of the primary duties of attorneys general, something they shouldn’t refuse to do, argues Greg Zoeller, a former AG in Indiana.

Do lawyers take on cases they don’t believe in?

And indeed, most lawyers take on cases and clients they don’t believe in. Attorneys general who refuse to defend state laws typically say it’s because those laws are unconstitutional, but Zoeller says that’s not their call to make. “The courts are empowered to make the decision of whether a law is constitutional or not,” he says.

Can you sue the Texas Attorney General?

Suing the Attorney General is the only way to get relief from an adverse letter opinion. 2 It is also an element3 of an affirmative defense in a criminal prosecution for refusing to provide access to or copying of public information.

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

How many Ausas are there?

93 United States AttorneysThere are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. 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.

Why would DOJ come to your house?

Gathering Evidence. The DOJ and its subsidiaries will be responsible for gathering evidence to prosecute a crime. Sometimes, this might involve searching the property. This will require a warrant issued by a judge.

Can police decide not to prosecute?

If the Crown Prosecution Service (CPS) or police decide not to charge a suspect then he will have no further action taken against him. A decision not to charge is sometimes called a decision not to prosecute or taking no further action ('NFA').

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

What is meant by burden of proof?

Generally, describes the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.

What does an Attorney General do?

The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.

Are SAUSAs federal employees?

Federal law authorizes the Attorney General to appoint Special Assistant U.S. Attorneys, known as SAUSAs, "to assist United States attorneys when the public interest so requires." In addition to designating non- federal employees, the SAUSA designation is also given to prosecutors who are employed by another agency, ...

What are the duties of the U.S. attorney general?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.