who can fire united states attorney general ?

Can a president fire an attorney general?

In a memorandum opinion, John M. Harmon, the head of the office at the time, cited the law that says presidents may fire U.S. attorneys.

Why is it so hard to fire a US Attorney?

As difficult as it is to find and hire a qualified U.S. attorney, it can seem deceptively easy to fire one. That is because each serves at the pleasure of the president.

Does Trump have the authority to fire Attorney General Berman?

Legal experts had pointed to a 1979 Justice Department opinion to suggest that the ultimate result of any courtroom confrontation was likely to be that Mr. Trump — though not Mr. Barr — did have the authority to fire Mr. Berman.

Did Gonzales'decision to fire US Attorneys midterm politicize DOJ?

Most troubling, though, Gonzales's decision to fire U.S. attorneys midterm politicized the Department of Justice, and in so doing harmed the institution. It was harmed because we as citizens must trust that when U.S. attorneys issue subpoenas or seek the death penalty, they do so without regard to partisan belief.

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Who oversees the US attorney general?

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

Is the attorney general immune?

basis for its holding that any investigative activity of the Attorney General conducted for the purpose of gathering information "necessary to a prosecu- tor's decision to initiate a criminal prosecution" is absolutely immune from civil suit.

Is US attorney general appointed or elected?

United States Attorneys are appointed by the President of the United States, with the advice and consent of the United States Senate, and serve at the direction of the Attorney General.

Who is the head 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.

Can you refuse immunity?

A witness who refuses to testify after being given immunity can be held in contempt of court and subjected to fines and jail time. And even after a grant of use and derivative use immunity, the witness isn't necessarily in the clear: The prosecution can still go after the witness.

Can immunity be revoked?

Generally speaking, the immunity can't be revoked by the prosecution because it would undermine the practice of granted immunity. Future cases would be affected if the immunity were revoked as a matter of routine, so this practice is strongly discouraged.

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 does the Attorney General of New York report to?

The attorney general advises the executive branch of state government and defends actions and proceedings on behalf of the state. The attorney general acts independently of the governor of New York.

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.

Is FBI part of DOJ?

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.

How is the Attorney General appointed?

Attorney General is appointed by the President on the advice of the government. There are the following qualifications: He should be an Indian Citizen. He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate.

Who appointed the current Inspector General?

The Inspector General, who is appointed by the President subject to Senate confirmation, reports to the Attorney General and Congress.

Who can determine if a prosecution would undermine national security?

The attorney general serves at the pleasure of the president, and the president can determine that a prosecution would undermine the national security—a subject on which he has a wider perspective and a greater responsibility than the attorney general—and order that it not go forward.

Who appointed Newbold Morris as the Attorney General?

Attorney General J. Howard McGrath, a former governor of and senator from Rhode Island, appointed Newbold Morris as a special assistant attorney general in the Justice Department to investigate corruption.

Can the President fire the Attorney General?

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 special prosecutor determine whether to prosecute CIA interrogators who were cleared by Department of Justice career attorneys back in 2004.

Who was the attorney for New Mexico in 2005?

At the other end of that spectrum, consider a former U.S. attorney for New Mexico, David Iglesias. In 2005, a Republican senator from that state, Pete Domenici, wanted Iglesias to initiate prosecutions against certain Democrats. When Iglesias declined because the cases lacked merit, Domenici voiced his unhappiness with the decision. What followed had long-lasting impact at the Department of Justice: Attorney General Alberto Gonzales fired Iglesias and a number of other U.S. attorneys, I among them, for what many found to be politically motivated reasons.

Can a grand jury subpoena destroy a reputation?

That makes the U.S. attorney more than a mere gatekeeper. By issuing a grand jury subpoena, a U.S. attorney may destroy a hard-won reputation. In some instances, a U.S. attorney may use the power of the government to intentionally and methodically take another person's life.

Do U.S. attorneys have to be confirmed?

This broad authority makes the selection of a U.S. attorney an important process that must be done with much care. Appointment to the position requires full Senate confirmation. Background checks are done not by government contractors but by special agents of the FBI, and they are most thorough: Given the threat of terrorism, and that terrorism cases arise throughout the country, each U.S. attorney must qualify to receive the highest of security clearances.

What is the job of the Attorney General?

The attorney general serves as the principal advisor to the president of the United Stateson all legal matters. The attorney general is a statutory member of the Cabinet of the United States.

Who was the attorney general nominee for Clinton?

Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[15]and he resigned the same day.

When does the Attorney General have to resign?

Presidential transition[edit] It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the President, to tender a resignation with effect on the Inauguration Day(January 20) of a new president.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

When did the President have the power to dismiss military officers?

A little history: up until the end of the Civil War, the President exercised virtually unconstrained power to dismiss military officers. However, in 1865 Congress passed legislation which purports to limit that power. That legislation was essentially the same as that found today codified in 10 USC § 1161 (a).

Is the time of war a statute?

Although the phrase “time of war” is used in many U.S. statutes, there is no universally accepted definition of precisely what it means. Some court decisions indicate it means war when declared by Congress, and some statutes do use the phrase the “time of war declared by Congress .” (Italics added.)

Can a three star general be dismissed?

In any event, if an officer (especially one who had been a three or four-star general) is relieved from his or her position and reverts to the lower rank of major general and still refuses to request retirement, the President may be able to dismiss the officer from the armed forces entirely.

Is a dismissal a punitive discharge?

The substitution of an administrative discharge for a “dismissal” is significant because a dismissal is a punitive discharge for an officer (it’s the equivalent of a dishonorable discharge for an enlisted person). A dismissal would extinguish almost all veterans’ benefits, as well as rights to military retirement pay.

Who can appoint a United States Attorney?

28 U.S. Code § 546 - Vacancies. Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant. The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office ...

What section of the United States Code does the United States Attorney's Office have to be appointed under?

If an appointment expires under paragraph (1), the district court for that district may appoint a United States attorney for that district under section 546 (d) of title 28, United States Code, as added by this Act.”.