what is to stop the attorney general from breaking federal law

How does the Attorney General defend state laws?

 · The attorney general there refused to defend the law, so the Supreme Court threw it out in 2013 on a question of standing, on the grounds that …

What can the Department of Justice do to prevent retaliation?

 · Yet thanks to Ashcroft, they were forced to break the deal. By law, all such deals are contingent on approval from the Attorney General's office, and none can bind the sentencing judge. But in reality, the judge typically weighs such agreements heavily, and the Justice Department typically approves them. (At least, it did before Ashcroft's reign).

What does the Attorney General’s office do?

 · "It's clearly in the federal statute that this is wrong, and the attorney general needs to enforce it."` NEIL CAVUTO, FOX NEWS ANCHOR: These protests outside some conservative justices' homes in ...

Will Attorney General Garland enforce the law?

Attorney General. Attorney General Merrick B. Garland was sworn in as the 86 th Attorney General of the United States on March 11, 2021. As 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. Under ...

Does the US attorney general report to the president?

The attorney general serves as the principal advisor to the president of the United States on all legal matters....United States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United States15 more rows

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.

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.

Can U.S. attorneys be removed?

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.

How do I file a complaint with the Texas Attorney General?

File a ComplaintConsumer Protection Complaints. Consumer Protection Hotline: (800) 621-0508. ... Sanctuary Complaints. Sanctuary Complaints Hotline: (844) 584-3006. ... Handgun License Holder Complaints. Handgun License Holder Complaints Hotline: (844) 584-3006. ... Charitable Trusts Complaints. File a Complaint.

How do I sue a company in Texas?

Go to the court with the name of the person you want to sue or the agent of service for the business. (The Secretary of State will have the name for the agent of service for most companies—State Capitol Room, 1019 Brazos, Austin, Texas 78701, 512-463-5701). The court will give you a petition to complete.

What powers does the US attorney general have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Who oversees the FBI?

The FBI is an agency within the Department of Justice (DOJ), and thus the Director reports to the Attorney General of the United States.

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.

Can a US attorney general be 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 can fire Manhattan attorney?

A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal.

How can we prevent prosecution?

Depending on the nature of the accusation, however, there may be ways to avoid prosecution – that is, avoid arrest and charging.Standard of Proof. ... Self Defense. ... Civil Compromise. ... Interest of Justice.

Who is the Massachusetts Attorney General?

Massachusetts Attorney General Maura Healey, a Democrat, whose state has been a plaintiff in dozens of cases against the Trump administration, said the White House adopted extreme positions that in her view flouted laws and required consistent action.

Who is the attorney general of California?

California's Democratic attorney general, Xavier Becerra, has been part of the most multistate lawsuits, according to Nolette's data.

What was the first multistate lawsuit filed by Trump?

One of the earliest multistate lawsuits filed during the Trump administration included Democratic attorneys general of 16 states and the District of Columbia who asked the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, to uphold a ruling that blocked a major part of the so-called travel ban, which sought to suspend immigration into the U.S. from some predominantly Muslim countries.

How many times have attorneys general sued Trump?

State attorneys general have sued Trump's administration 138 times — nearly double those of Obama and Bush. It's routine for attorneys general to sue the federal government, but experts say the sharp rise signifies the growing partisan and legal divide with Washington. California Attorney General Xavier Becerra with New York Attorney General ...

Why do chief legal officers have powers?

These chief legal officers have a range of powers at their disposal and mandates to protect their states' rights, enforce their laws and defend consumers, which helps explain why they have clashed so often legally and politically with the Trump administration, experts say.

How many times was Obama sued?

It's a sharp increase from Trump's predecessors, including Barack Obama, whose administration was sued 78 times during his two presidential terms, and George W. Bush, whose administration was sued 76 times during his two terms.

Who is the attorney general of Georgia in 2021?

Last week, the Republican Attorneys General Association tapped Attorneys General Chris Carr of Georgia, Eric Schmitt of Missouri and Steve Marshall of Alabama for leadership roles in 2021.

What is the law that the DOJ enforces?

In DOJ investigations, whether criminal or civil, the person whose rights have been reportedly violated is referred to as a victim and often is an important witness. DOJ generally will inform the victim of the results of the investigation, but we do not act as the victim's lawyer and cannot give legal advice as a private attorney could.

What is the law that makes it unlawful for a state or local law enforcement officer to engage in a pattern or

This law makes it unlawful for State or local law enforcement officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. (34 U.S.C. § 12601). The types of conduct covered by this law can include, among other things, excessive force, discriminatory harassment, false arrests, coercive sexual conduct, and unlawful stops, searches or arrests. In order to be covered by this law, the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident. The DOJ must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct. However, unlike the other civil laws discussed below, DOJ does not have to show that discrimination has occurred in order to prove a pattern or practice of misconduct. What remedies are available under this law? The remedies available under this law do not provide for individual monetary relief for the victims of the misconduct. Rather, they provide for injunctive relief, such as orders to end the misconduct and changes in the agency's policies and procedures that resulted in or allowed the misconduct. There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

What is the DOJ document?

This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated. Federal laws that address police misconduct include both criminal and civil statutes.

What does DOJ do in a civil case?

In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency.

How to report a violation of the OJP program?

If you would like to report a violation of the Police Misconduct Statute, Title VI, or the OJP Program Statute, contact the Justice Department at civilrights.justice.gov.

What are the types of law enforcement misconduct?

The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.

Can the DOJ file a lawsuit for police misconduct?

There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.