who can bring charges against the united states attorney general

by Rhea Schaefer 8 min read

How do I take legal action against a federal agency?

To bring legal action against a federal agency, you must first contact the agency directly . The agency will provide you with information and forms, and try to settle the problem in-house. If you decide to move forward with a lawsuit (tort claim), use a Standard Form 95 (SF-95) - Claim for Damage, Injury, or Death.

Who is the authority of the Attorney General to issue guidelines?

These Guidelines are issued under the authority of the Attorney General as provided in 28 U.S.C. 509, 510, and 533. II. General Crimes Investigations

Can a Court authorize an award of attorney's fees against the government?

While 28 U.S.C. § 2412 (b) authorizes an award of attorney's fees against the federal government where any other party would be liable under the common law, it may not authorize an award against the federal government under the "common fund" theory. See Grace v.

Do executive branch attorneys investigate or provide legal advice?

Executive branch attorneys generally do not investigate these types of allegations or provide legal assistance or advice to private citizens.

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Who oversees the U.S. Attorney General?

The U.S. Attorney General is nominated by the President and confirmed by the Senate.

Who does the U.S. Attorney General report to?

President of the United StatesUnited States Attorney GeneralReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consentTerm lengthNo fixed term13 more rows

Does the U.S. Attorney General have power over the Supreme Court?

United States Supreme Court decisions directly affect attorney general offices' ability to enforce state laws and defend government officials' conduct. Attorney general offices therefore play an active role before the Supreme Court.

Who is responsible for prosecution of federal cases?

U.S. attorneysFederal criminal prosecutions are handled by U.S. attorneys, who are appointed by and ultimately responsible to the U.S. Attorney General. State prosecutors—sometimes called district, state, county, or city attorneys—prosecute violations of state and local law.

How is Attorney General removed?

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.

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.

Who is in charge of the DOJ?

Attorney General GarlandMeet the Attorney General 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.

What is the purpose 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.

What is the duty of Attorney General?

(2) It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President, and to discharge the functions conferred on him by or under this ...

Which of the following is an example of prosecutorial misconduct?

Failing to turn over exculpatory evidence. Tampering with evidence. Knowingly presenting false witness testimony or other false evidence to a court or grand jury. Asking a defendant or defense witness damaging and suggestive questions with no factual basis.

How is a case brought to the Supreme Court?

Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue). The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case.

What is the injured party who brings an action against the alleged wrongdoer?

Civil law actions must be brought by an attorney hired by the injured party (the plaintiff) against the alleged wrongdoer (the defendant). The parties in a civil case may be individuals, corporations, or the state itself.

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Suing the Federal Government

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What is the name of the attorney that represents the defendant?

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.

What happens when a person is indicted?

When a person is indicted, they are given formal notice that it is believed that they committed a crime.

What is the purpose of an indictment?

The indictment contains the basic information that informs the person of the charges against them. For potential felony charges, a prosecutor will present the evidence to an impartial group of citizens called a grand jury.

How to sue the federal government?

Suing the Federal Government. To bring legal action against a federal agency, you must first contact the agency directly . The agency will provide you with information and forms, and try to settle the problem in-house. If you decide to move forward with a lawsuit (tort claim), use a Standard Form 95 (SF-95) - Claim for Damage, Injury, or Death.

How to complain about a judge?

The rules for filing complaints about state and local judges vary by state. To complain about a state judge, contact your state's commission on judicial conduct. It may be listed under state agencies on your state government web site .

What does a special agent take into account when determining whether there is reasonable indication of a federal criminal violation?

In determining whether there is reasonable indication of a federal criminal violation, a Special Agent may take into account any facts or circumstances that a prudent investigator would consider. However, the standard does require specific facts or circumstances indicating a past, current, or impending violation.

Who does the FBI notify of a closed investigation?

In a sensitive criminal matter, the FBI shall notify the United States Attorney of the closing and record the fact of notification in writing. Information on an inquiry which has been closed shall be available on request to a United States Attorney or his designee or an appropriate Department of Justice official.

How long can the FBI investigate racketeering?

b. A racketeering enterprise investigation may be initially authorized for a period of up to 180 days.

What is the FBI's primary responsibility?

As the primary criminal investigative agency in the federal government, the FBI has the authority and responsibility to investigate all criminal violations of federal law not exclusively assigned to another federal agency.

How long can the FBI investigate a terrorism case?

b. A domestic security/terrorism investigation may be initially authorized for a period of up to 180 days.

What factors should be considered when conducting an investigation?

In determining whether an investigation should be conducted, the FBI shall consider all of the circumstances including: (1) the magnitude of the threatened harm; (2) the likelihood it will occur; (3) the immediacy of the threat; and (4) the danger to privacy and free expression posed by an investigation. b.

What are the standards and requirements for an investigation?

The standards and requirements set forth herein govern the circumstances under which an investigation may be begun, and the permissible scope, duration, subject-matters, and objectives of an investigation. All investigations of crime or crime-related activities shall be undertaken in accordance with one or more of these Guidelines.

Which law authorizes attorney fees?

The most generally applicable statute authorizing attorney's fees awards against the United States is the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, which makes the federal government liable for fees where:

What is the American rule for attorney fees?

The general rule in this country, the so-called "American Rule" is that each party must pay its own attorney's fees. See Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 (1975). There are, however, numerous federal statutes providing for attorney fee awards where the United States or a federal agency or official is a party. The most generally applicable statute authorizing attorney's fees awards against the United States is the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, which makes the federal government liable for fees where:

What are the grounds for attorney fees?

The principal grounds under which the American common law would permit attorney's fees to be awarded are the "bad faith" and "common fund" theories. The "bad faith" theory allows an award where a party has willfully disobeyed a court order or has "acted in bad faith , vexatiously, wantonly, or for oppressive reasons.".

Is the United States a sovereign?

It is fundamental that the United States, as a sovereign, is immune from suit save as it consents to be sued and the terms of its consent to be sued in any court define the court's jurisdiction to entertain the suit. See United States v. Mitchell, 445 U.S. 535, 538 (1980). Waivers of sovereign immunity "cannot be implied ...

What is the main action against the President?

The main action to take against the President is impeachment, which is done by the US Senate. You could contact your Senators and ask for this action. Otherwise, you could file a lawsuit in United States District Court against the President seeking an injunction against specific actions, or, if you were... 0 found this answer helpful.

Can ordinary people bring criminal charges?

Ordinary people do not have the authority to bring criminal charges. Only prosecutors have that authority. The main action to take against the President is impeachment, which is done by the US Senate. You could contact your Senators and ask for this action. Otherwise, you could file a lawsuit in United States District Court against the President seeking an injunction against specific actions, or, if you were...

Can citizens bring charges against government officials?

Because "citizens" can't "bring charges" against government officials, or anyone else. That's what prosecutors do. If it's the President of the US, he can also be impeached by the Senate. Those are the options.

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