who approves the president's choice for attorney general

Who are the top candidates for Attorney General?

 · The President-elect has selected Vanita Gupta, who served as principal deputy assistant attorney general and led the civil rights division at the Department of Justice under President Barack Obama ...

Can the President fire the attorneys chosen by the predecessors?

First, the White House selects a prospective appointee and sends a formal nomination to the Senate. Second, the Senate determines whether to confirm the …

Will Biden name a new Attorney General?

 · By Sarah N. Lynch | Reuters WASHINGTON – The U.S. Senate on Wednesday voted overwhelmingly to confirm Merrick Garland, President Joe Biden’s nominee for attorney general, as the federal appellate...

Why are Progressives asking for a progressive attorney general under Biden?

The President’s power to appoint the Attorney General of the United States as a member of the Cabinet subject to dismissal contains the seeds of a fundamental rule of law crisis in the politicization of the U.S. Department of Justice.

How does the attorney general get confirmed?

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 must approve the President's selections for Supreme Court justice?

SenateJudges of the supreme Court.” The process of appointing Justices has undergone changes over two centuries, but its most basic feature—the sharing of power between the President and Senate—has remained unchanged: To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed ...

Who can the President appoint without Senate approval?

The tracker includes all full-time civilian positions in the executive branch that require Senate confirmation except for judges, marshals and U.S. attorneys. Military appointments and part-time positions requiring Senate confirmation are not included.

Does the Senate have to approve a Supreme Court nominee?

How are Supreme Court Justices selected? The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.

Do Supreme Court justices have to be approved by the House?

The Supreme Court of the United States All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.

Who has to approve the president's appointments?

The Constitution also provides that the Senate shall have the power to accept or reject presidential appointees to the executive and judicial branches.

Who can overturn an executive order?

Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional.

Does the House of Representatives approve presidential appointments?

The Senate has the sole power to confirm those of the President's appointments that require consent, and to provide advice and consent to ratify treaties. There are, however, two exceptions to this rule: the House must also approve appointments to the Vice Presidency and any treaty that involves foreign trade.

When can the president appoint people without the approval by anyone else?

Senate approves treaty and takes 2/3rds to vote and approve. Which body of Congress approves nominations? When can the president appoint people without approval by anyone else? When Congress is not in session.

Who approves appointments to the Supreme Court?

the SenateNomination & Confirmation Process Article II section 2 of the Constitution states that the Presidents "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint ... Judges of the Supreme Court..." U.S. Const. art.

WHO confirms Supreme Court nominees?

The Supreme Court consists of the chief justice of the United States and eight associate justices. The president has the power to nominate the justices and appointments are made with the advice and consent of the Senate.

Can a Supreme Court justice be fired?

Supreme Court justices serve for life, unless they resign or are impeached and removed from office. The reason for their lifetime tenure is to enable them to make decisions free from any pressure by the executive or legislative branches of government.

Who shall appoint Ambassadors, other public ministers and consuls, Judges of the Supreme Court

shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law.

Who presents a signed commission to the successful nominee?

Third, the president presents a signed commission to the successful nominee and he or she is sworn in, assuming authority to carry out the duties of the office.

How many nominees have been rejected by the Senate?

3 nominees. In the past 100 years, the Senate has rejected three nominations on a recorded vote. Americans tend to think of their president as the most powerful person in the world, but the Constitution limits the power of all three branches of government—the president as well as the Congress and the federal courts.

How many Supreme Court nominees have been withdrawn?

Four nominees withdrew (out of seven in history). Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative.

Why can't a senator schedule a floor vote?

Opposition from one or more senators may prevent a floor vote because the Senate cannot schedule the vote absent unanimous consent.

Why do potential presidential candidates get priority?

Because all this takes time, potential nominees for the highest positions usually get priority. In 2004, Congress amended the law governing presidential transitions to encourage a president-elect to put forward candidates for the national security team shortly after the election.

What forms do cabinet candidates fill out?

A candidate for a Cabinet or other top position fills out various forms, such as a financial disclosure report and a national security questionnaire. The Office of Government Ethics is available to guide a candidate through the paperwork.

Who is the attorney general nominee for Biden?

Senate on Wednesday voted overwhelmingly to confirm Merrick Garland, President Joe Biden’s nominee for attorney general, as the federal appellate judge won the support even of the chamber’s top Republican, Mitch McConnell, who played a key role in denying him a spot on the Supreme Court in 2016.

Did Merrick Garland get a confirmation hearing?

The Senate in 2016, then controlled by Republicans, refused to consider his nomination to the Supreme Court by Democratic President Barack Obama and declined even to give him a confirmation hearing.

How is the selection of an attorney general done?

Certainly, the selection of an attorney general needs to be done with as much care as a special prosecutor for an individual case or an inspector general for an agency . Simply put, the AG needs a job description. Qualifications could be spelled out and candidates evaluated by a panel of equal numbers of Democratic and Republican appointees from the judiciary, composed of one representative from each of the federal appellate circuits selected by the Chief Justice and staffed by the Administrative Office of U.S. Courts.

When did Rogers use his authority as Attorney General?

Most egregiously, immediately prior to Election Day in November 1960 , Rogers used his authority as Attorney General in an attempt to sway the vote:

Why did Bobby Kennedy reorganize the DOJ?

Yet in his four years as AG, Bobby Kennedy managed to reorganize DOJ priorities to highlight organized crime and civil rights prosecutions, where he saw a unique federal responsibility. That further alienated Hoover, who wanted to emphasize the internal security threats of closeted Communists and domestic anti-war and civil rights protesters. Defying the FBI director, RFK significantly expanded the Civil Rights Division. [18]

What happened to the AGs at Watergate?

Over the course of Watergate, many AGs fell. Presidential co-conspirators were convicted; the ones who stood up to Nixon were fired. The one who did his bidding was later “Borked,” and the one who came in to try to clean up the mess only lasted a year. There was also a caretaker at DOJ (Richard Kleindienst) whose own resignation from the AG post was eclipsed by the firing of White House Counsel John Dean. Dean later pled guilty to conspiracy to obstruct justice and defraud the United States. [26]

Why did President Kennedy ask for a voice vote?

When RFK was nominated, President Kennedy had to request a voice vote in the Senate because he knew his younger brother would never secure the requisite numbers in a roll call. [16] Both the New York Times and the New Republic called RFK “inexperienced” and “unqualified” (but nonetheless praised his accomplishments when he ran for Senate in 1964). In a Time magazine interview shortly after his inauguration, the President felt compelled to joke about his brother’s role: “I can’t see that it’s wrong to give him a little legal experience before he goes out to practice law.” [17]

What was the purpose of the Bobby Kennedy law?

The provision, contained in Title 5 of the U.S. Code, was dubbed the “Bobby Kennedy law” and was designed to prevent federal officials from promoting relatives.

Why is the Attorney General of the United States a member of the Cabinet subject to dismissal?

The President’s power to appoint the Attorney General of the United States as a member of the Cabinet subject to dismissal contains the seeds of a fundamental rule of law crisis in the politicization of the U.S. Department of Justice. We are acutely aware of it in these times because of the shifting dynamics between our current President and his attorneys general. However, this is not a new problem revolving around these particular personalities. Readers of political history will recognize these recurring conflicts in at least six prior federal administrations.

Who met with Biden to fill the attorney general's position?

Several civil rights groups — including the N.A.A.C.P. and the National Urban League — and civil rights leaders like the Rev. Al Sharpton met with Mr. Biden last month to push the president-elect to fill the attorney general slot and other top-tier cabinet positions with diverse appointees. And progressives subsequently inundated Mr. Biden and his transition team, asking for an attorney general with a progressive track record on issues around race and policing, according to multiple people familiar with the outreach.

Who was appointed by Obama to fill the Supreme Court?

Judge Merrick B. Garland was nominated by Barack Obama in 2016 to fill the Supreme Court opening left by the death of Justice Antonin Scalia.

Why did Biden choose Garland?

Mr. Biden’s choice reflects his respect for Mr. Garland’s reputation as a centrist and his belief that he can restore the Justice Department’s independence and inspire a deeply demoralized work force that the Trump administration often treated as an insurgent enemy to be dominated — qualities that Mr. Biden prioritized over requests from progressive groups that the nation’s top law enforcement officer be a woman or a person of color.

What is the role of Judge Garland in Biden's administration?

Strong Republican support for Judge Garland helped secure his place in the incoming Biden administration, which greatly values bipartisan support for cabinet choices even as Democrats secured the necessary seats in the Senate to confirm all of Mr. Biden’s nominees.

Why is Judge Garland considered a long shot for attorney general?

Judge Garland was initially considered a long shot for attorney general, in part because he is seen as politically moderate. In close cases involving criminal law, he has been significantly more likely to side with the police and prosecutors over people accused of crimes than other Democratic appointees.

What is Judge Garland's reputation?

On the court, Judge Garland earned praise from across the political spectrum for the exceptional quality of his opinions, which are considered models of the judicial craft — methodically reasoned, clear, attentive to precedent and tightly tied to the language of the relevant statutes and regulations.

What did the Supreme Court reject?

The Supreme Court later rejected the appeals court’s reasoning. And he later joined a decision upholding a policy at Guantánamo Bay allowing guards to probe the genitals of detainees seeking to meet with their lawyers.

Who was the acting attorney general of the Clinton administration?

That decision-making role fell previously to Stuart Gerson, who served as acting attorney general during the early months of the Clinton administration after his role as assistant attorney general for the civil division during President George H.W. Bush’s time in office.

What is the key to ensuring that justice continues to be carried out after the firings?

The key to ensuring that justice continues to be carried out after the firings, Gerson said, is having ready replacements, either new U.S. attorneys already vetted and poised to start work, or court-appointed acting U.S. attorneys or interim U.S. attorneys who can continue the investigations or prosecutions already underway.

What is Joe Biden's role in the Senate?

With nearly five decades of public life in Washington that includes time serving as chairman of the Senate Judiciary Committee, Joe Biden has a special vantage point in sizing up how previous presidents have handled their relationships with their hand-picked attorneys general. Biden has also taken public positions on whether former presidents properly fired slates of U.S. attorneys chosen by predecessors and who were involved in politically charged investigations and prosecutions.

Why did Bob Dole ask Biden to hold hearings?

At the time, Senate Republican leader Bob Dole pressed Biden to hold hearings into the firings because he regarded the dismissals as “a severe blow to the administration of justice.”

Does Biden want to run the Justice Department independently?

President-elect Joe Biden has vowed to restore integrity to the Justice Department and allow it to run independently, free of White House meddling. But if the experience of his predecessors is any guide, that lofty pledge is easier said than done – even if a president’s own son were not the subject of a federal investigation.

Did Barr have enough evidence to overturn the election?

The president denounced Barr’s statement that he hadn’t seen enough evidence of election fraud thus far to overturn the presidential outcome. Trump also expressed displeasure with Barr’s decision to keep the Hunter Biden investigation, which began in 2018, under wraps throughout the 2020 campaign. With nearly five decades ...

Who said "I guarantee you that that's how it will be run"?

Biden underscored the pledge: “I guarantee you that that’s how it will be run.”. As a senator, Biden was particularly critical of another Republican president, George W. Bush, and what he regarded as the politicization of the attorney general position.

Which clause of Article II gives the President the power to fill up all vacancies that may happen during the recess

Specifically, the third clause of Article II, Section 2 grants the president the power to “fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”.

How many jobs can the President fill without the Senate?

If you really want to work “at the pleasure of the president,” but don’t want to have to face the scrutiny of the U.S. Senate, there are more than 320 other high-level government jobs that the president can fill directly without the Senate’s consideration or approval.

What is unanimous consent in the Senate?

However, under the rules governing unanimous consent items, any Senator, for himself or herself or on the behalf of another Senator, can direct that any particular “privileged” nominee be referred to Senate committee and considered in the usual fashion.

How many positions are there on the Supreme Court?

Justices of the Supreme Court: 9 positions (Supreme Court justices serve for life subject to death, retirement, resignation or impeachment.) Certain jobs in the independent, non-regulatory executive branch agencies, like NASA and the National Science Foundation: Over 120 positions. Director positions in the regulatory agencies, ...

Can a senator direct a privileged nominee to a Senate committee?

However, under the rules governing unanimous consent items, any Senator, for himself or herself or on the behalf of another Senator, can direct that any particular “privileged” nominee be referred to Senate committee and considered in the usual fashion.

Can the President make appointments without the Senate?

The courts have held that this means that during times the Senate is in a recess, the president can make appointments without the need for Senate approval. However, the appointee must be approved by the Senate by the end of the next session of Congress, or when the position becomes vacant again.

Who is the acting attorney for the Capitol?

Among those the Biden administration may keep for a while, according to people briefed on the matter, are Michael Sherwin, acting US attorney in Washington, DC, who is overseeing the sprawling probe of the January 6 attack on the US Capitol.

Who will remain in the Senate until Biden is approved?

A number of acting US attorneys who aren't Senate confirmed or who were appointed by the courts are expected to remain in their posts until a Biden appointee is approved by the Senate, prosecutors were told Tuesday.

Who were the attorneys who did not resign before Biden's inauguration?

Some high-profile US attorneys who had not resigned ahead of Biden's inauguration included US Attorney for the Southern District of Ohio David DeVillers, Utah US Attorney John Huber and Pittsburgh US Attorney Scott Brady.

Who was the US attorney who investigated Hillary Clinton's business dealings?

During his second time as the US attorney, Huber was tasked by Sessions to reexamine a previous Justice Department investigation of Democratic presidential nominee Hillary Clinton's business dealings and the Clinton Foundation.

Who wrote a letter to Wilkinson urging him not to interfere in the investigation?

Graham said he needs time to question Garland on current investigations and wrote a letter on Tuesday to Wilkinson urging him "not to interfere in or call off" the investigations.

How many attorneys did Sessions ask to resign?

The changeover of US attorneys is routine but is often fraught with political overtones. In 2017, then-Attorney General Jeff Sessions asked 46 Obama-appointed US attorneys to submit their resignations. A handful were allowed to stay on for a brief period, but most had to leave immediately.