when has a president fired attorney general

by Dr. Alexandre Herman 9 min read

Why were attorneys fired from the Department of Justice?

Jan. 30, 2017. On Monday evening, President Donald Trump fired acting Attorney General Sally Yates after she refused to comply with his executive …

Who criticized Trump's firing of Attorney General candidates?

Jeff Sessions, U.S. Attorney General, requested the resignations of 46 U.S. Attorneys on March 10, 2017. On March 10, 2017, Jeff Sessions, who was appointed United States Attorney General by President Donald Trump, requested the resignations of 46 United States Attorneys. Some resignations were declined by Sessions or Trump.

How many Utah attorneys have been fired by AG sessions?

Nov 08, 2018 · President Donald Trump fired Attorney General Jeff Sessions on Wednesday, replacing the head of the Department of Justice with his chief of staff Matthew G. Whitaker.

Is it weird to ask an attorney general to leave office?

Aug 27, 2009 · Probably not many in people in Washington remember that Harry Truman once fired an attorney general for, in his view, suborning corruption. In early 1952 the Truman administration was plagued by ...

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Can the President of the United States 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.

Can the 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.

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.
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United States Attorney General
Member ofCabinet National Security Council
Reports toPresident of the United States
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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

What are the four legal reasons for impeachment?

1.1 Impeachment and Removal from Office: Overview. Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Does Congress make laws?

Powers of Congress

All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress.

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.

Is the FBI part of 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.

Who is the head of the Department of Justice 2021?

Attorney General Merrick B. Garland
Attorney General Merrick B. Garland was sworn in as the 86th 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.

Who can remove attorney general?

the President
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 you sue the DOJ?

Federal government agencies cannot be sued in Small Claims Court, but you can file a Claim For Damages (other DOJ forms). If your claim is denied, contact an attorney for help with filing your case in the U.S. District Court.Aug 26, 2021

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.

Resignations and dismissals

President Donald Trump declined to accept the resignations of Dana Boente (left) and Rod Rosenstein (right).

Reactions

Initial media reports described Sessions' move as abrupt and unexpected, but not unprecedented. Slate 's Leon Neyfakh accused media outlets of sensationalizing Sessions' actions, which he said were "nothing particularly unusual or surprising", and noted the mass firings of U.S. attorneys accompanying each presidential transition.

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 ...

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.

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 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 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.

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 has the authority to subpoena the Justice Department?

Senate Judiciary Committee Chairman Patrick Leahy stated that Congress has the authority to subpoena Justice Department and White House officials including chief political advisor to the president Karl Rove and former White House counsel Harriet Miers. On March 20, President Bush declared in a press conference that his aides would not testify under oath on the matter if subpoenaed by Congress. Bush explained his position saying,

Who replaced Sampson as Attorney General?

Sampson's replacement as the Attorney General's temporary chief of staff was U.S. Attorney for the Eastern District of Virginia, Chuck Rosenberg. Rosenberg initiated a DOJ inquiry into possibly inappropriate political considerations in Monica Goodling's hiring practices for civil service staff. Civil service positions are not political appointments and must be made on a nonpartisan basis. In one example, Jeffrey A. Taylor, former interim U.S. attorney for the District of Columbia, tried to hire a new career prosecutor, Seth Adam Meinero, in the fall of 2006. Goodling judged Meinero too "liberal" and declined to approve the hire. Meinero, a Howard University law school graduate who had worked on civil rights cases at the Environmental Protection Agency, was serving as a special assistant prosecutor in Taylor's office. Taylor went around Goodling, and demanded Sampson's approval to make the hire. In another example, Goodling removed an attorney from her job at the Department of Justice because she was rumored to be a lesbian, and, further, blocked the attorney from getting other Justice Department jobs she was qualified for. Rules concerning hiring at the Justice department forbid discrimination based on sexual orientation.

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.

Who was the deputy attorney general under Obama?

In an escalating crisis for his 10-day-old administration, the president declared in a statement that Sally Q. Yates, who had served as deputy attorney general under President Barack Obama, had betrayed the administration by announcing that Justice Department lawyers would not defend Mr. Trump’s order against legal challenges.

Why did Nixon fire the Attorney General?

Nixon fired his attorney general and deputy attorney general for refusing to dismiss the special prosecutor in the Watergate case. Image.

What is Donald Trump's signature line?

President Donald Trump, long known for his reality television show’s signature line, “You’re fired,” has continued its use during his time in office. Here, Roll Call catalogues the last 70 years or so of presidents notably telling top officials to “take a hike.”. President Harry S. Truman through Trump:

Why was Douglas MacArthur fired?

Harry S. Truman. Douglas MacArthur, Commander of U.N. forces in Korea. Truman fired MacArthur for insubordination after privately pushing for a wider war with China and publicly criticizing Truman. After being dismissed, he was invited to address a joint session of Congress.

Who was the secretary of defense during the Vietnam War?

Robert McNamara, Secretary of Defense. After presiding over the escalation of the Vietnam war, McNamara recommended a negotiated peace and withdrawal in 1967. His recommendations were rejected and he left office, later saying, “I do not know to this day whether I quit or was fired.”. Richard Nixon.

Why was Flynn fired?

Flynn was fired the first time for sharing sensitive information with foreign intelligence officials without authorization. Donald Trump. Sally Yates, Acting Attorney General. Trump fired Yates when she sent out a memo instructing Justice staff not to defend the executive order banning travel by certain populations.

Who replaced Tillerson?

Trump responded “FAKE NEWS!” to reports in late 2017 that he was planning to fire his Secretary of State, Rex Tillerson, and replace him with CIA Director Mike Pompeo. Three and a half months later, a Trump tweet informed Tillerson he would indeed be replaced by Pompeo. Jeff Sessions , Attorney General.

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Overview

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…

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 …

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. ^ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. ^ "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