who can remove the attorney general

by Hailie Luettgen 10 min read

Could an attorney general be removed just like a president?

He can be impeached as he was appointed by the President. The office of Attorney General is considered a "civil officer of government"..appointed by the President, in a cabinet level office, and thereby subject to impeachment. ALL cabinet level positions of the executive are subject to impeachment. Printer Friendly | Permalink | | Top.

What is an attorneys general and what do they do?

Jun 21, 2020 · Kelly T. Currie, a former acting U.S. attorney in Brooklyn, said Mr. Berman had “called the attorney general’s bluff” because only the …

Will Congress consider removing Attorney General William Barr?

Jan 28, 2014 · Often the Attorney General can seek both penalties and injunctive relief for itself and restitution for its citizens harmed by the defendant’s alleged wrongful actions. ... most popular) elected officials in that state. To try and level the playing field, defendants have attempted to remove these actions to federal court under the mass action ...

Who has the authority to appoint US Attorneys?

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.

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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.

Can the President remove the Attorney General?

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.

Can Congress remove a sitting Attorney General?

Yes, under the Constitution, they can. The current House can and would impeach Barr in a New York second. However, they know that the Republican Senate would not remove him. It would be a wasted effort.

Who decides the Attorney General?

The 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.

Who can remove the President from office?

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Can the President remove department heads?

The president has the authority to remove his appointees from office, but the heads of independent federal agencies can only be removed for cause.

What is one group of officials that only Congress can remove from power?

Impeachment. The President and other executive officers, however, may be removed from office by Congress through the power to impeach. Impeachment itself does not remove one from office. Instead, the House of Representatives votes to impeach.

What is the removal power?

Appointment and removal power, in the context of administrative law, refers to the authority of an executive to appoint and remove officials in the various branches vested in its authority to do so.

What are the grounds for removing the president and vice president?

The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public ...

Who is the current Attorney General?

The current Attorney General is Mr. Godfred Yeboah Dame. He was appointed by President Nana Addo Danquah Akufo-Addo in 2021.

Who is the acting Attorney General?

Jeffrey A. RosenOfficial portrait, 2019Acting United States Attorney GeneralIn office December 24, 2020 – January 20, 2021PresidentDonald Trump27 more rows

What is the role of an Attorney General?

The role of the Attorney General is defined in section 51 of the Constitution of Botswana, as the principal legal adviser to the Government. The Attorney General is also an ex-officio Member of Cabinet, and serves on various policy level committees.

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.

Did Bush and Clinton fire all the prosecutors?

^ "Although Bush and President Bill Clinton each dismissed nearly all U.S. attorneys upon taking office, legal experts and former prosecutors say the firing of a large number of prosecutors in the middle of a term appears to be unprecedented and threatens the independence of prosecutors ." Gonzales: 'Mistakes Were Made' The Washington Post, March 14, 2007

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.

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.

How long can a prosecutor serve?

attorneys following Senate confirmation, a law permits an attorney general to appoint a prosecutor to fill those vacancies for 120 days. If that temporary appointment expires, judges can fill it. A prosecutor appointed by the court will “serve until the vacancy is filled,” the statute says.

Who is Geoffrey Berman?

Geoffrey S. Berman, the United States attorney for the Southern District of New York, arrived at his office in New York on Saturday hours after defying the attorney general’s attempt to fire him. Credit... WASHINGTON — The declaration by the top federal prosecutor in Manhattan on Friday night that he would stay in his job ...

Who fired Barr?

That set up the possibility of a protracted fight in court until Mr. Barr told the U.S. attorney, Geoffrey S. Berman, on Saturday that the president had fired him, and he acquiesced.

Who appointed Berman as Attorney General?

That is how Mr. Berman became U.S. attorney. He was initially appointed by the attorney general at the time, Jeff Sessions , and federal judges in Manhattan reappointed him after the 120-day period expired. In his statement Friday night, Mr. Berman indicated that Mr. Barr could not fire him because he had been appointed by the court, ...

What is a Quo warranto?

Quo warranto deals with title to office, not conduct in office. These offices are not offices to which impeachment applies under the North Carolina Constitution. The legislature is almost certainly not going to remove the board member by local act.

Can a quo warranto be challenged?

First, the quo warranto legal challenge will be time consuming and costly. Simply declaring a vacancy is quick and cheap. Second only the attorney general or a private citizen with the permission of the attorney general can bring a quo warranto action.

Can a board member be removed?

The board needs to remove a board member who is disqualified. By contrast, the board may desire to remove a board member who, while not disqualified, is incapable of performing or unwilling to perform the duties of the office at an acceptable level or in an acceptable way.

Can a district attorney prosecute a criminal case?

This criminal statute is rarely used. The case can be prosecuted only by the district attorney ( like criminal matters generally) and so the affected board cannot take any steps itself, other than to report the alleged misconduct to the district attorney.

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Issues in Brief

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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 nomin…
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Fallout

Replacement of The U.S. Attorneys

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…
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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. …
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See Also

References and External Links

  1. Resignation letters and emails, and other related documents hosted by WSJ
  2. 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.
  3. The Washington Post in-depth coverage site on firings: "Special Reports: U.S. Attorney Firing…
  1. Resignation letters and emails, and other related documents hosted by WSJ
  2. 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.
  3. 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.
  4. Inside the U.S. Attorneys Emails: Major Players and Themes The Wall Street Journal(review of the most significant of the emails).