who cam charge us attorney general

by Alyson Rempel MD 6 min read

Who is the Attorney General of the US?

115 rows · Living former U.S. attorneys general. As of May 2022, there are nine living former U.S. attorneys general, the oldest being Edwin Meese (served 1985–1988, born 1931). The most recent attorney general to die was Ramsey Clark on April 9, 2021 (served 1966–1969, born 1927). The most recently serving attorney general to die was Janet Reno on November 7, 2016 …

Can a US Attorney be appointed by the President?

Who does the US attorney general work for? He actually works for the people of the United States of America. Because he is part of the DOJ, and is appointed by the POTUS, he/she technically works for the President. You hear the Democrats decrying AG Barr as being a lackey of Trump.

Do executive branch attorneys investigate or provide legal advice?

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 his leadership, the Department of Justice is …

Is a US Attorney part of the Department of Justice?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People’s Lawyer” for the citizens. Most are elected, though a few are appointed by the governor. Select your state to connect to your state attorney general's website. Find your state or territory:

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Who does the U.S. attorney general report to?

President of the United States
United States Attorney General
Reports toPresident of the United States
SeatRobert F. Kennedy Department of Justice Building Washington, D.C.
AppointerPresident of the United States with United States Senate advice and consent
Term lengthNo fixed term
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What powers does the U.S. 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.

Does the U.S. attorney general prosecute?

The attorney general may personally prosecute any case that would normally be handled by a district or city attorney and represents the state in all cases before the California Supreme Court. Additionally, the attorney general is responsible for issuing formal legal advice to state agencies and officers.

Does DOJ investigate?

The DOJ covers investigations from both civil issues (such as child support issues and tort actions) and criminal matters (murders or federal drugs crimes, for example).

Who can remove the 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.

Are US attorneys confirmed by the Senate?

U.S. attorneys are appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified.

What is the role of the US 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.Oct 8, 2021

What does the US Attorney General investigate?

The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.Apr 24, 2016

How many statutory responsibilities do US attorneys have?

three statutory responsibilities
The United States Attorneys have three statutory responsibilities under Title 28, Section 547 of the United States Code: the prosecution of criminal cases brought by the Federal Government; the prosecution and defense of civil cases in which the United States is a party; and.Sep 22, 2016

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.

Why is the DOJ looking for someone?

Target letters are sent by the DOJ and contain information that informs the individual that they are the target of a federal investigation for allegedly violating one or more criminal statutes. Receiving a target letter is generally a good indicator that an indictment will follow.Mar 4, 2021

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 the Attorney General of New York?

Letitia James is currently the Attorney General of New York. She was also attorney general last week. Does that count?

Who could prosecute him personally?

The president could prosecute him personally for federal crimes.

What is the job of an attorney general?

The attorney general’s job is to supervise and direct the law enforcement operations at a federal level (or state level if we’re talking about a state attorney general). They’re not actually prescribed the same job as a law enforcement official, so they are not.

Who was the leader of the Branch Davidians?

In early 1993, David Koresh the leader and his followers, known as the Branch Davidians, ended up in a 51-day standoff with agents from the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco and Firearms. Reno was called upon to help resolve the situation.

Who elects the USAG?

The USAG is a position appointed by the POTUS and confirmed by the Senate. Therefore, nobody outside of the US Gov’t directly elects the AG.

Can a federal official be impeached?

Every federal government official or federal judicial official or employee may be impeached by the house and fired by the senate, sorry, convicted and removed by the senate

Can a private citizen make a citizen's arrest?

But as I’ve just said, nothing would be preventing them from making a citizen’s arrest if done properly. But any private citizen can do that, so interpret that how you’d like.

Who is the FBI's Special Agent in Charge?

Lynch, the Attorney General of the United States, Preet Bharara, the United States Attorney for the Southern District of New York, Diego Rodriguez, Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Robert J. Sica, Special Agent in Charge of the US Secret Service New York Field Office (“USSS”) announced today the unsealing of a superseding indictment charging GERY SHALON, a/k/a “Garri Shalelashvili,” a/k/a “Gabriel,” a/k/a “Gabi,” a/k/a “Phillipe Mousset,” a/k/a “Christopher Engeham,” with orchestrating massive computer hacking crimes against U.S. financial institutions, brokerage firms, and financial news publishers, including the largest theft of customer data from a U.S. financial institution in history (the “U.S. Financial Sector Hacks”). SHALON is charged with committing these crimes with JOSHUA SAMUEL AARON, a/k/a “Mike Shields,” in furtherance of securities market manipulation schemes that SHALON and AARON perpetrated with defendant ZIV ORENSTEIN, a/k/a “Aviv Stein,” a/k/a “John Avery” in the United States. As alleged, SHALON also orchestrated computer network hacks and cyberattacks in furtherance of other major criminal schemes, including unlawful internet casinos and illicit payment processors which SHALON operated with ORENSTEIN. SHALON also owned and controlled an illegal U.S.-based Bitcoin exchange known as Coin.mx. SHALON and ORENSTEIN were arrested in July 2015 by the Israel Police on an indictment that charged the underlying securities fraud, and they remain in custody in Israel pending extradition on those charges. The United States Attorney’s Office will seek their extradition to stand trial in the United States on the additional charges announced today. AARON remains at large. Also announced today is the unsealing of a separate indictment charging ANTHONY R. MURGIO with operating Coin.mx in the United States, and related crimes. MURGIO, who was arrested on a Complaint in July 2015, will be arraigned before the Honorable Alison J. Nathan.

How many casinos did the defendants operate?

In the United States, the defendants knowingly operated at least 12 unlawful internet casinos (the “Casino Companies”) which, through their websites, offered real-money casino gambling in violation of federal law and the laws of numerous states, including New York State.

What is the name of the attorney that represents the defendant in a criminal case?

The defendant’s attorney is referred to as the defense attorney . The defendant's attorney assists the defendant in understanding the law and the facts of the case, and represents the defendant just as the prosecutor will represent the Government.

Where are federal cases tried?

The location where the trial is held is called the venue, and federal cases are tried in a United States District Court . There are 94 district courts in the United States including the District of Columbia and territories. Many states have more than one district court so the venue will depend on where you live in the state. Within each district, there may be several courthouse locations. Click here to see if you can find the one closest to your neighborhood.

How many members are on a grand jury?

Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must concur in order to issue an indictment.

Why do we need a grand jury?

The grand jury is a constitutional requirement for certain types of crimes (meaning it is written in the United States Constitution) so that a group of citizens who do not know the defendant can make an unbiased decision about the evidence before voting to charge an individual with a crime.

When was the Office of the Attorney General created?

History and statutory authority. The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up ...

What does a federal attorney do?

As chief federal law enforcement officers, U.S. Attorneys have authority over all federal law enforcement personnel within their districts and may direct them to engage, cease or assist in investigations. In practice, this has involved command of Federal Bureau of Investigation assets but also includes other agencies under the Department of Justice, such as the Bureau of Alcohol, Tobacco and Firearms and Drug Enforcement Administration. Additionally, U.S. Attorneys cooperate with other non-DOJ law enforcement agencies – such as the United States Secret Service and Immigration and Customs Enforcement – to prosecute cases relevant to their jurisdictional areas.

How long can an interim attorney be appointed?

This, in effect, extinguished the 120-day limit on interim U.S. Attorneys, and their appointment had an indefinite term. If the president failed to put forward any nominee to the Senate, then the Senate confirmation process was avoided, as the Attorney General-appointed interim U.S. Attorney could continue in office without limit or further action. Related to the dismissal of U.S. attorneys controversy, in March 2007 the Senate and the House voted to overturn the amendments of the USA PATRIOT Act to the interim appointment statute. The bill was signed by President George W. Bush, and became law in June 2007.

How long did the district courts have to appoint interim attorneys?

Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems. This structure was left undisturbed until 1986 when the statute was changed during the Reagan administration. In a bill that was introduced by Senator Strom Thurmond, the statute was changed to give the appointment authority to the Attorney General, but even then it was restricted and the Attorney General had a 120-day time limit. After that time, if a nominee was not confirmed, the district courts would appoint an interim U.S. attorney. The adoption of this language was part of a larger package that was billed as technical amendments to criminal law, and thus there was no recorded debate in either the House or the Senate and both Chambers passed the bill by voice vote.

When did the Department of Justice become independent?

Attorneys were independent of the Attorney General, and did not come under the AG's supervision and authority until 1870, with the creation of the Department of Justice.

Who is responsible for presenting the case against an individual suspected of breaking the law?

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.

Can a citizen represent the United States in court?

However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen, provided they are represented by an attorney, can represent the interests of the United States, and share in penalties assessed against guilty parties.

What to do if your attorney is appointed by the court?

If your attorney was appointed by the court and is not effectively representing your interests, you should raise this issue with the court, which can address any considerations you have and may be able to appoint a different attorney. If you hired a private attorney to represent you and you are unsatisfied with their services, you should raise your concerns with your state bar association .

Who determines if a case will be brought in federal court?

In these cases, the local U.S. Attorney's Office works closely with state and local law enforcement officials to determine whether a case will be brought in federal or state court.

What is a Rule 35 B motion?

The United States Attorney has exclusive jurisdiction to file a Rule 35 (b) motion for downward departure of a sentence based upon, but not limited to, such factors as the defendant providing substantial assistance, his or her criminal conduct in the instant case, and the defendant's role in the alleged offense.

What to do if you are a victim of a federal crime?

If you are a victim of a federal crime and have been dealing with a law enforcement agency, you should contact that law enforcement agency to follow up on the status of the case. Longstanding Department practice prevents the Executive Office for United States Attorneys from confirming or denying the existence of particular matters or investigations, and cannot discuss the status of any matter that may be pending in a United States Attorney’s Office. Please be assured that all allegations of federal law violations are taken very seriously by all United States Attorneys’ offices.

What are the agencies that conduct criminal investigations?

Investigations are generally conducted by federal law enforcement agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Customs and Border Protection, Internal Revenue Service, Postal Service, Immigration and Customs Enforcement, and others. We also frequently take cases from state and local agencies. The U.S. Attorneys’ Offices work with those agencies to provide direction and legal counsel in federal criminal investigations.

What are some federal crimes?

Some federal crimes involve narcotics, bank robbery, fraudulent activity that affects interstate commerce, wire fraud, mail fraud or tax fraud, any crime in which the United States is defrauded, guns, environmental crimes, and civil rights violations. Some crimes may violate both state and federal laws, such as bank robbery. In these cases, the local U.S. Attorney's Office works closely with state and local law enforcement officials to determine whether a case will be brought in federal or state court.

How to contact the FBI?

You can find your local FBI office through their website at: http://www.fbi.gov/contact-us/field or by calling 202-324-3000.

What is the attorney general's responsibility?

A spokesperson for the attorney general's office pointed to the flurry of details that have emerged since the Capitol attack, noting that it is the attorney general's responsibility to investigate all evidence of illegal incitement of violence. Trump's alleged role in inciting the violence that left multiple people dead has been aired ...

Does Racine have the authority to extradite Trump?

Another hurdle is that Racine doesn't have the authority to get Trump back to Washington to face the charges. "They'd have to get physical jurisdiction over (Trump) and DC doesn't typically extradite for misdemeanors," said Richard Gilbert, a criminal defense attorney in DC.

Is it a misdemeanor to encourage violence?

The code the attorney general's office is focused on is a Washington statute that was amended in 2011 that makes it a misdemeanor offense for people to encourage others to commit violence, noting that "it is unlawful for a person to incite or provoke violence where there is a likelihood that such violence will ensue.".

Is Racine charged with a misdemeanor?

Racine's lawyers are weighing those facts, but also carefully examining the legal challenges, and probabilities of a successful prosecution, if they move forward with charging the former President with a misdemeanor, according to the spokesperson.

Did Racine collaborate with federal prosecutors?

Racine revealed in January that his office was also "collaborating at a high level with federal prosecutors.". This story has been updated with additional details from the Washington, DC, attorney general's office.

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