Can a president fire an attorney general?
Aug 27, 2009 · The president can fire the attorney general. O bama administration spokesmen are portraying the president as unable to overrule Attorney General Eric Holder’s decision to have a …
Why were attorneys fired from the Department of Justice?
Jul 26, 2017 · 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 …
Is it weird to ask an attorney general to leave office?
Jul 29, 2017 · In ordinary times, the question of Attorney General succession is straightforward. Section 508 directly addresses DOJ succession and provides that “ [i]n case of a vacancy in the office of Attorney General, . . . , the Deputy Attorney General may exercise all the duties of that office.”. Consequently, if Sessions is fired or resigns, under ...
Are prosecutor firings political?
That is how Mr. Berman became U.S. attorney. He was initially appointed by the attorney general at the time, Jeff Sessions, and federal judges in Manhattan reappointed him after the …
How is an Attorney General removed from office?
He 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.
Can a president fire 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.
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.
How long is US attorney general term?
The attorney general is a statutory member of the Cabinet of the United States....United States Attorney GeneralAppointerPresident of the United States with United States Senate advice and consentTerm lengthNo fixed term15 more rows
Can a US attorney be impeached?
The U.S. Constitution provides that civil officers of the United States, which would include the U.S. Attorney General, may be impeached by the House of Representatives for treason, bribery or high crimes and misdemeanors.
Are U.S. District Attorneys elected?
Depending upon the state's law, DAs may be appointed by the chief executive of the jurisdiction or elected by local voters. Most criminal matters in the United States are handled in state judicial systems, but a comparable office for the United States Federal government is the United States Attorney.
What does impeaching someone mean?
Legal Definition of impeach 1 : to charge with a crime or misconduct specifically : to charge (a public official) before a competent tribunal (as the U.S. Senate) with misconduct in office. Note: Impeachment is the first step in removing an officer from office.Feb 11, 2022
Can senators be impeached?
This is distinct from the power over impeachment trials and convictions that the Senate has over executive and judicial federal officials: the Senate ruled in 1798 that senators could not be impeached, but only expelled, while debating a possible impeachment trial for William Blount, who had already been expelled.
Can a Supreme Court judge be removed from office?
To insulate the federal judiciary from political influence, the Constitution specifies that Supreme Court Justices “shall hold their Offices during good Behaviour.” While the Constitution does not define “good Behaviour,” the prevailing interpretation is that Congress cannot remove Supreme Court Justices from office ...Mar 24, 2021
Who was the last attorney general?
California Former Attorneys GeneralMatthew Rodriguez2021 – 2021Kamala D. Harris2010 – 2017Edmund G. Brown, Jr.2007 – 2011Bill Lockyer1999 – 2007Daniel E. Lungren1991 – 199929 more rows
Who is the highest law officer?
Advocate General of the State is the highest law officer in the state. The Constitution of India (Article 165) has provided for the office of the Advocate General for the states. Also, he corresponds to the Attorney General of India.
What is the US attorney general responsible for?
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.Oct 8, 2021
How long can a prosecutor serve?
attorneys following Senate confirmation, a law permits an attorney general to appoint a prosecutor to fill those vacancies for 120 days. If that temporary appointment expires, judges can fill it. A prosecutor appointed by the court will “serve until the vacancy is filled,” the statute says.
Who is Geoffrey Berman?
Geoffrey S. Berman, the United States attorney for the Southern District of New York, arrived at his office in New York on Saturday hours after defying the attorney general’s attempt to fire him. Credit... WASHINGTON — The declaration by the top federal prosecutor in Manhattan on Friday night that he would stay in his job ...
Who fired Barr?
That set up the possibility of a protracted fight in court until Mr. Barr told the U.S. attorney, Geoffrey S. Berman, on Saturday that the president had fired him, and he acquiesced.
Who appointed Berman as Attorney General?
That is how Mr. Berman became U.S. attorney. He was initially appointed by the attorney general at the time, Jeff Sessions , and federal judges in Manhattan reappointed him after the 120-day period expired. In his statement Friday night, Mr. Berman indicated that Mr. Barr could not fire him because he had been appointed by the court, ...
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.
Did Bush and Clinton fire all the prosecutors?
^ "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
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 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.
Overview
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 …
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…
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…
Aftermath
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 …
See also
• 2017 dismissal of U.S. attorneys
• List of federal political scandals in the United States
• Don Siegelman
• Cyril Wecht
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. …
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