As a result, many sub-level positions can be filled exclusively through appointment. A good example of this can be seen within the Department of Justice. The head of the Department of …
· Merrick Garland, Biden's pick for attorney general, has confirmation hearing set for February 22. By Paul LeBlanc, CNN. Updated 8:53 PM ET, Tue February 9, 2021. (CNN) …
All presidential appointments requiring Senate confirmation (PAS) must follow the appointment confirmation process before taking office. Although the number of PAS positions varies by …
· Attorney General William Barr in an official portrait released Thursday by the Justice Department. "A major victory for justice and the rule of law in America: the Senate just …
The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. 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.
SenateJudges of the supreme Court.” The process of appointing Justices has undergone changes over two centuries, but its most basic feature—the sharing of power between the President and Senate—has remained unchanged: To receive appointment to the Court, a candidate must first be nominated by the President and then confirmed ...
The first is the “nomination” of the candidate by the President alone; the second is the assent of the Senate to the candidate's “appointment;” and the third is the final appointment and commissioning of the appointee, by the President.
Presidential appointments to high-level positions must be consented to by the Senate by majority vote. The presidential power to make treaties is subject to the "advice and consent" of two-thirds of the Senate.
Under the Appointments Clause of the United States Constitution and law of the United States, certain federal positions appointed by the president of the United States require confirmation (advice and consent) of the United States Senate.
the SenateThe Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie in the Senate. The Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties.
Executive Summary. The federal workforce is composed of about 2 million civil servants who provide continuity across presidential administrations and another 4,000 political appointees who are selected by the president. About 1,200 of these political appointees require Senate approval.
United States (1926): The court held that the power to remove appointed officials, with the exception of federal judges, rests solely with the president and does not require congressional approval.
These positions require a congressional hearing and a confirmation vote in the U.S. Senate. This category includes hundreds of positions, including most positions within the Executive Office of the President. These includes most senior White House aides and advisors as well as their deputies and key assistants.
the SenateThe United States Constitution provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided ...
Why must the Senate approve the president's cabinet appointments? So that the president alone does not have the power to choose leaders.
The nominee is confirmed by a two-thirds majority in the Senate and the President. The nominee must appear before the Senate Judiciary Committee before confirmation in the Senate.
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.
For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions, who had been nominated for the office in November 2016 by then- President-elect Donald Trump.
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.
Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.
The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the United States solicitor general and the White House counsel .
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.
The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.
In the case of Cabinet secretaries and other appointees requiring Senate confirmation, the White House personnel office (or a president-elect’s transition team in the case of an incoming administration) preliminarily selects and vets a prospective appointee before sending a formal nomination to the Senate.
The appointments clause of the Constitution specifies that the president
The appropriate committee investigates the nominee, holds hearings, and reports to the full Senate.
Because all this takes time, potential nominees for the highest positions usually get priority. In 2004, Congress amended the law governing presidential transitions to encourage a president-elect to put forward candidates for the national security team shortly after the election.
A candidate for a Cabinet or other top position fills out various forms, such as a financial disclosure report and a national security questionnaire. The Office of Government Ethics is available to guide a candidate through the paperwork.
Members of Congress and other interested parties may recommend candidates for executive branch positions. However, a president or president-elect isn’t bound by such recommendations, according to the Congressional Research Service, whose recent reports on the confirmation process provide the basis for this article.
Four nominees withdrew (out of seven in history). Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative.
Prior to his appointment as a US circuit judge, Garland served as principal associate deputy attorney general. He supervised the investigation of the 1995 Oklahoma City bombing, which killed more than 160 people and injured several hundred more. Garland also led the investigations of the 1996 Olympics bombing in Atlanta, in which two people died and more than 100 others were injured.
Merrick Garland, Biden's pick for attorney general, has confirmation hearing set for February 22. (CNN) President Joe Biden's nominee for attorney general, Judge Merrick Garland, is scheduled to appear before the Senate Judiciary Committee on February 22 and 23 for his confirmation hearing.
But Republicans, led by then-Senate Majority Leader Mitch McConnell, refused for months to hold confirmation hearings or the required vote in the chamber. When former President Donald Trump took office, Garland's nomination expired and he returned to his position as chief judge of the US Court of Appeals for the DC Circuit.
The dates were announced by Senate Judiciary Chairman Dick Durbin and Ranking Member Chuck Grassley, who said in a joint news release that the committee will vote to advance Garland's nomination on March 1. Biden had tapped Garland for the post last month.
Judge Garland's confirmation is particularly urgent in the aftermath of the January 6 insurrection," Durbin said in a statement announcing the confirmation hearing. Garland, he said, "will serve the Justice Department and our country with honor and integrity.
A chosen nominee then must pass through a series of investigations by the Federal Bureau of Investigation, Internal Revenue Service, the Office of Government Ethics and an ethics official from the agency to which the position is assigned. The nominee must also fill out the Public Financial Disclosure Report and questionnaires related to his or her background check.
The nomination must be on the Executive Calendar for more than one day before it can make it to the Senate floor for consideration. Unanimous consent of the time and date for debate must be agreed upon by all senators. If even one senator does not agree, a hold is placed on the nomination.
Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.
The following table outlines jurisdiction of the Senate committees in terms of the presidential appointment confirmation process. The left column indicates the Senate committee, and the right indicates the federal departments and administrations over which the committee has jurisdiction. For more information on each committee, follow the link in the left column.
If action is taken, the committee notifies the executive clerk. The nomination is then given a number and added to the Executive Calendar of the Senate. Only one cabinet position since 1945 has been confirmed by the Senate after being reported as unfavorable by a committee.
The process begins when the president provides a written nomination to the Senate, where it is read on the floor and assigned a number. This starts the Senate's procedure of " Advice and Consent " laid out in Article II of the U.S. Constitution for the appointment of high ranking officials by the president.
Some roles in independent agencies and commissions also require confirmation. Recent administrations have included approximately 1,200 PAS positions. The full list of positions for each administration can be found in the corresponding United States Government Policy and Supporting Positions, commonly referred to as the Plum Book.
Barr’s confirmation came the same day former FBI Deputy Director Andrew McCabe, who was fired by the president last year, detailed the central role he played in the bureau's Russia probe and the eventual appointment of a special counsel -- while describing Justice Department meetings where officials discussed ousting the president.
Barr was sworn in by Chief Justice John Roberts on Thursday. (Official White House Photo by Shealah Craighead)
After his confirmation hearing last month, Barr disclosed that he had discussed Mueller’s investigation with Vice President Pence, but insisted that he neither provided legal advice to the White House nor received any confidential information from Pence. Barr also defended a memo he sent to the Justice Department last year that was critical of the Russia probe, explaining that it was narrow in scope and based on potentially incomplete information.
Barr has said that he will be as transparent as possible under Justice Department regulations, not ing that regulations call for the report to be confidential, requiring only that the report explains the decisions to pursue or to decline prosecutions, which could be as simple as a short list, or a report of hundreds of pages.
Richard Blumenthal, D-Conn., on Thursday said he would vote against Barr's nomination because he has "not committed to making special counsel findings public and not committed to public testimony from Mueller."
Trump had complained that Sessions, throughout his tenure as attorney general, was weak, and did not protect him from the Russia investigation. Sessions recused himself early on in the investigation, prior to Mueller’s appointment, due to his involvement with the Trump campaign in 2016.
For example, nearly every agency has an office of the General Counsel and an Office of the Inspector General
A vast majority of presidentially appointed positions are based in the Washington D.C. area (apart from U.S. Attorney positions), but not all of them.
These are top-level, senior positions that include the heads of most major agencies This includes cabinet secretaries, agency leadership at the Deputy Secretary, Under Secretary, and Assistant Secretary levels, the heads of most independent agencies, ambassadors, and U.S. Attorneys. Some positions within the Executive Office of the President, including the director of the Office of Management and Budget, also fall in this category. These positions require a congressional hearing and a confirmation vote in the U.S. Senate.
These positions require a congressional hearing and a confirmation vote in the U.S. Senate. Presidential Appointments Not Requiring Senate Confirmation (PA) This category includes hundreds of positions, including most positions within the Executive Office of the President.
Military Officers (commissions and promotions) – Officers receive a commission assigning them to the officer corps from the President (with the consent of the Senate ). Promotions of all commissioned military officers are also commissioned by the President (with the consent of the Senate ).
These "PAS" (Presidential Appointment needing Senate confirmation) positions, ...
Assistant Secretary for Elementary and Secondary Education – runs the Office of Elementary and Secondary Education. Assistant Secretary for Legislation and Congressional Affairs. Assistant Secretary for Planning, Evaluation and Policy Development – runs the Office of Planning, Evaluation, and Policy Development.
2 Trustees of the Federal Hospital Insurance Trust Fund (of 6 total; political balance required; four-year terms of office)
5 Commissioners of the Federal Trade Commission (political balance required; seven-year terms of office) 5 Members of the National Transportation Safety Board (political balance required; five-year terms of office - Chair, who first must be confirmed as a member, also needs to be confirmed.)
7 Governors of the Federal Reserve System (14-year terms of office — Chair and vice chair, who first must be confirmed as governors, also need to be confirmed for four-year terms in those offices.)
There are a number of positions that required Senate confirmation of appointees in the past, but do not today. The Presidential Appointment Efficiency and Streamlining Act of 2011 ( Pub.L. 112–166 (text) (pdf) ), signed into law on August 10, 2012, eliminates the requirement of Senate approval for 163 positions, allowing the president alone to appoint persons to these positions: Parts of the act went into effect immediately, while other parts took effect on October 9, 2012, 60 days after enactment.
Secretary of Defense. Confirmed in 2 days. Average is 0 days. Austin is the first Black person to lead the Pentagon. Austin was approved for a congressional waiver to be confirmed for the civilian post because federal law requires seven years of retirement from active duty before taking on the role.
In that role, Granholm worked closely with the auto industry, the dominant industry in the Great Lakes State, which could help Biden as he attempts to move the country toward electric vehicles. Granholm was also the first woman to serve as Michigan’s attorney general. Miguel Cardona. Secretary of Education.
Mayorkas is the first Latino and immigrant as secretary of the Department of Homeland Security. He was deputy secretary of Homeland Security during the Obama administration, and served as the director of the DHS's United States Citizenship and Immigration Services. Mayorkas oversaw the implementation of the Deferred Action for Childhood Arrivals program, which was an executive action under Obama that protected young undocumented immigrants who came to the US as children from deportation.
McDonough served as chief of staff during Obama's entire second term, and also worked as deputy national security adviser. He chaired the National Security Council's Deputies Committee, which is responsible for formulating the administration's national security and foreign policy. McDonough also previously served as the chief of staff for the national security staff and as the deputy national security adviser for strategic communications.
Haaland is the first-ever Native American Cabinet secretary. Haaland had already made history in 2018 when she was elected as one of the first two Native American women in Congress. In 2016, Haaland traveled to North Dakota to take part in the protests over plans to build a pipeline underneath a key source of water for the Standing Rock Reservation.
President Barack Obama nominated Garland to the Supreme Court after a vacancy was created by the death of Justice Antonin Scalia in 2016. But Republicans, led by Senate Majority Leader Mitch McConnell, refused for months to hold confirmation hearings or the required vote in the chamber.
Yellen already made history as the first woman to have chaired the Federal Reserve. She previously served as the vice chair of the board, and president and chief executive officer of the Federal Reserve Bank of San Francisco. Yellen was also chair of the White House Council of Economic Advisers from 1997 to 1999.
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. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.
Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". Some of these duties have since been transferred to the U…
U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
1. United States Deputy Attorney General
• Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"