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.
Can a president fire an attorney general?
It concluded that the president — but not the attorney general — could fire such an official. 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.
Who can fire the Special Counsel?
Who Can Fire the US Attorney for the Southern District of New York? ... the district court for such district may appoint a United States attorney to serve until the vacancy is filled.
Why is it so hard to fire a US Attorney?
Feb 14, 2022 · Can the president fire US Attorney? 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 …
Was Trump within his rights to fire 46 attorneys?
Dec 17, 2020 · In 2007, Biden publicly called for then-AG Alberto Gonzales to resign in part over the decision to fire eight U.S. attorneys amid allegations of Republican meddling in …
Are U.S. District Attorneys elected?
Depending upon the state's law, DAs may be appointed by the chief executive of the jurisdiction or elected by local voters. Most criminal matters in the United States are handled in state judicial systems, but a comparable office for the United States Federal government is the United States Attorney.
Who can remove Attorney General?
the PresidentHe 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.
How do you fire a federal lawyer?
If you want to get rid a bad court-appointed lawyer, all you need to do is ask the court for a Marsden hearing. The court will order the prosecutor, other lawyers, and the public to leave the court room before conducting the hearing.Mar 16, 2009
Does the president appoint U.S. Attorneys?
The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district. Each United States attorney shall be appointed for a term of four years.
Who can be Attorney General?
They must be a person qualified to be appointed as a Judge of the Supreme Court. Hence, they must have been a judge of some high court for five years or an advocate of some high court for ten years, or an eminent jurist in the opinion of the President. The 15th and current Attorney General is K. K. Venugopal.
What is the Article 78?
Article 78 of the Constitution deals with the duties of the Prime Minister with respect to the furnishing of information to the President.Jul 6, 2020
Can I talk to another lawyer if I already have one?
Fire your attorney before you hire someone else. There are ethical rules that prevent lawyers from speaking to someone who already has an attorney. Generally, if you're shopping around for new representation, the new lawyer will ask to see a copy of the letter you sent firing your old attorney.Aug 23, 2018
Can you fire your lawyer in the middle of a trial?
Yes. You can replace your lawyer if you have lost faith or confidence in your lawyer to represent you, you have the right to change counsel. ... If you hire a new lawyer in the middle of a case, that lawyer will need to get up to speed on the case and that will likely cost you some more time and/or money.
Are public defenders good?
In fact, a recently study done by the American Bar Association found that public defenders are often just as effective as private counsel. This study went on to conclude that based on the results, it would “strongly suggest that public defender representation is associated with improved case outcomes.”Jun 24, 2021
Who is the Attorney General under Trump?
Jeff SessionsPresidentDonald TrumpDeputyDana Boente (acting) Rod RosensteinPreceded byLoretta LynchSucceeded byWilliam Barr33 more rows
What power 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.
How is US Attorney General chosen?
the president of the United StatesThe attorney general is a statutory member of the Cabinet of the United States. 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.
What happens if you get a grand jury subpoena?
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.
Who was the attorney general of 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.
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.
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.
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 can appoint an attorney?
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. Before March 9, 2006, such interim appointments expired after 120 days, if a Presidential appointment had not been approved by the Senate. Vacancies that persisted beyond 120 days were filled through interim appointments made by the Federal District Court for the district of the vacant office.
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 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.
Was the White House misled by the Department of Justice?
Members of Congress investigating the dismissals found that sworn testimony from Department of Justice officials appeared to be contradicted by internal Department memoranda and e-mail, and that possibly Congress was deliberately misled. The White House role in the dismissals remained unclear despite hours of testimony by Attorney General Gonzales and senior Department of Justice staff in congressional committee hearings.
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 is Guy Lewis?
Guy Lewis, a former U.S. attorney in Florida who also served as a director of the Executive Office for U.S. Attorneys during the Bush administration, said most dismissals of holdover federal prosecutors create a blowup politically but should be considered a matter of routine presidential prerogative.
Is Joe Biden under investigation?
In his dual role as a supportive father and the president-elect in a deeply divided nation, Joe Biden issued a terse response to his son’s disclosure last week that he was under investigation.
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.
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 nomi…
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, By mid-September 2007, nine senior staff of the Department of Justice associated with the controversy had resigned.The most prominent resignations include: 1. 1.1. Attorney General Alberto Gonzale…
Replacement of The U.S. Attorneys
- Initial planning
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 resignation… - Implementation: The U.S. Attorney Removal List
In October 2006, George W. Bushtold Alberto Gonzales that he had received complaints that some of the U.S. Attorneys had not pursued certain voter-fraud investigations. The complaints came from Republican officials, who demanded fraud investigations into a number of Democratic cam…
Reactions and Congressional Investigation
- Initial reaction
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 proces… - Contempt of Congress charges
On July 11, 2007, as Sara Taylor testified, George Manning, the attorney to former White House CounselHarriet Miers, announced that Miers intended to follow the request of the Bush Administration and not appear before the Committee the following day. Manning stated Miers "c…
Aftermath
- Subpoenas and lost emails
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 po… - Appointment of U.S. Attorneys and the 2005 Patriot Act reauthorization
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. …
See Also
References and External Links
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
- Resignation letters and emails, and other related documents hosted by WSJ
- Taylor, Marissa; Margaret Talev (2007-06-18). "A Q&A for the U.S. Attorneys saga". McClatchy Washington Bureau. McClatchy Newspapers. Archived from the original on June 2, 2008. Retrieved 2007-06-20.
- The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firings Investigation". The Washington Post. 2007-03-05. Retrieved 2010-05-01.
- Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).
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