who else besides the president can remove the attorney general from office

How can a president be removed from office?

Three Primary Reasons The American government provides avenues on how to remove a U.S. president from office. These are the three primary reasons: criminal activity, inability to perform presidential duties and lack of party and public popularity. One way to remove a U.S. president from office is through impeachment and consecutive conviction.

Can the Attorney General appoint a prosecution attorney?

At issue is how that framework applies to the position of a U.S. attorney who was appointed by a court, as Mr. Berman was in 2018. While the president appoints most U.S. attorneys following Senate confirmation, a law permits an attorney general to appoint a prosecutor to fill those vacancies for 120 days.

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.

Who appointed Trump’s Attorney General?

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.

Who can fire the United States Attorney General?

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.

Who has the power to remove an official from office?

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.

Who can remove cabinet members?

the presidentThe members of the Cabinet serve at the pleasure of the president, who can dismiss them at any time without the approval of the Senate, as affirmed by the Supreme Court of the United States in Myers v. United States (1926), or downgrade their Cabinet membership status.

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 a Supreme Court justice be removed by the president?

Supreme Court justices serve for life, unless they resign or are impeached and removed from office. The reason for their lifetime tenure is to enable them to make decisions free from any pressure by the executive or legislative branches of government.

Which may Congress do to limit the power of the executive?

For example, the president has the power to veto, or reject, laws made by Congress. But Congress can balance out that power in its turn by overriding the president's veto with a two-thirds vote.

Can the president remove inferior Officers?

In the absence of specific legislative provision to the contrary, the President may at his discretion remove an inferior officer whose term is limited by statute, 606 or one appointed with the consent of the Senate.

Who can the president not appoint?

A PRESIDENT CANNOT . . . interpret laws. choose Cabinet members or Supreme Court Justices without Senate approval.

Can the Attorney General be impeached?

Attorneys General. While impeachment proceedings against cabinet secretaries is an exceedingly rare event, no office has provoked the ire of the House of Representatives than that of Attorney General. During the first fifth of the 21st century, no less than three Attorneys General have been subjected to the process.

Can Cabinet members be impeached?

United States, 520 U.S. 651, 663 (1997). Assuming this line of cases serves as a guide in deciding who is a civil officer subject to impeachment, it appears that employees, as non-officers, are not subject to impeachment, while principal officers, such as the head of a cabinet-level executive department, are.

Can a senator be impeached and removed from office?

If a federal official commits a crime or otherwise acts improperly, the House of Representatives may impeach—formally charge—that official. If the official subsequently is convicted in a Senate impeachment trial, he is removed from office.

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 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.

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.

The Humphrey Case

The material element of Humphrey’s Executor was that Humphrey, a member of the Federal Trade Commission, was on October 7, 1933, notified by President Roosevelt that he was “removed” from office, the reason being their divergent views of public policy. In due course, Humphrey sued for salary.

The Wiener Case

Curtailment of the President’s power of removal, so liberally delineated in the Myers decision, was not to end with the Humphrey case.

The Watergate Controversy

A dispute arose regarding the discharge of the Special Prosecutor appointed to investigate and prosecute violations of law in the Watergate matter. Congress vested in the Attorney General the power to conduct the criminal litigation of the Federal Government, 3 Footnote 28 U.S.C. § 516 .

The Removal Power Rationalized

The tension that had long been noticed between Myers and Humphrey's Executor, at least in terms of the language used in those cases but also to some extent in their holdings, appears to have been ameliorated by two decisions, which purport to reconcile the cases but, more important, purport to establish, in the latter case, a mode of analysis for resolving separation-of-powers disputes respecting the removal of persons appointed under the Appointments Clause.

Inferior Officers

In the case of inferior officers, Congress may “limit and restrict the power of removal as it deems best for the public interest,” 20 Footnote United States v. Perkins, 116 U.S. 483 (1886), cited with approval in Myers v. United States, 272 U.S. 52, 161–163, 164 (1926), and Morrison v. Olson, 487 U.S.

Seila Law

In Seila Law LLC v. Consumer Financial Protection Bureau (CFPB), the Supreme Court concluded that Congress could not provide for-cause removal protections for the head of the CFPB, an independent financial regulatory agency led by a single Director. 27 Footnote Seila Law LLC v. Consumer Fin. Prot. Bureau, 140 S. Ct. 2183, 2192 (2020).

Why did Berman call the Attorney General's Bluff?

attorney in Brooklyn, said Mr. Berman had “called the attorney general’s bluff” because only the president, not Mr. Barr, had the power to remove him.

What does Mr. Harmon argue about the power of the President?

Harmon also pointed to constitutional arguments to back his conclusion: U.S. attorneys exercise executive power, making the president responsible for the conduct of their offices, so the president “must have the power to remove one he believes is an unsuitable incumbent, regardless of who appointed him,” he wrote.

Why did Barr not fire him?

Barr could not fire him because he had been appointed by the court, and declared he intended to remain in office until the Senate confirms a successor. However, another federal law says that U.S. attorneys may be removed by the president. On its face, it makes no exception ...

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.

What court opinion said a president may remove a court appointed prosecutor?

The 1979 opinion pointed to one district court opinion from 1963 — also in Manhattan — which expressed the view that a president may remove a court-appointed prosecutor. In his letter, Mr. Barr also pointed to a 2000 opinion by the federal appeals court in Boston that took the same position in passing, saying that a “president may override ...

What did Mr. Harmon write about due process?

Harmon wrote in 1979, it might violate constitutional protections for due process of law if judges overseeing cases as neutral arbiters had the power to fire prosecutors if the judges did not like how they handled their responsibilities.

Did Mr. Harmon think Mr. Carter could remove a court appointed U.S. attorney?

Mr. Harmon warned that just because he believed Mr. Carter could remove a court-appointed U.S. attorney did not necessarily mean it would be a good idea “since the incumbent U.S. attorney apparently has the backing of the district court.

Appointing and Removing Agency Personnel - Explained

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How are key agency personnel appointed and removed?

In both executive and independent administrative agencies, the President has the authority to nominate the governing personnel (directors, secretaries, boards, commissioners, etc.) for appointment and to remove those individuals.

How long does it take for Trump to convince Congress to remove him?

Trump would have 21 days to convince Congress he's fit to be president if this occurred. A two-thirds majority in both houses of Congress would have to vote in favor of keeping the vice president in charge to formally remove the president.

What is the power of Congress to impeach a president?

Congress has the power to put certain public officials, like the president, on trial and remove them from office, as outlined in the US Constitution. Impeachment is a formal charge of misconduct. For a president to be impeached, someone in the US House of Representatives must present a resolution calling for impeachment or an inquiry ...

What is the meaning of impeachment?

Impeachment: “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. ”. -- U.S. Constitution, Article II, section 4.

What is the House Committee on the Judiciary?

The House Committee on the Judiciary investigates any charges of misconduct. If it's ultimately determined there are grounds for impeachment, the House votes on whether to move forward with the process. A simple majority is required for this to occur. If this happens, the next step is for the Senate to hold an impeachment trial to decide whether ...

How many presidents have been impeached?

Only two presidents have ever been impeached: Andrew Johnson and Bill Clinton. Both were acquitted in the Senate. It's a rare, and very serious, political process. But, as noted above, impeachment is not the only way to remove a president.

Which amendment states that the Vice President must transmit to the President pro tempore of the Senate and the Speaker of the

Section 4 of the 25th Amendment to the US Constitution , which was ratified in 1967, states, Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House ...

Is Donald Trump in hot water?

President Donald Trump is in very hot water at the moment. Between firing FBI Direct James Comey under dubious circumstances and reportedly sharing highly classified info with Russia, among other issues, Trump just can't seem to avoid controversy. Consequently, many are discussing how Trump could be removed from office.

How many votes do you need to impeach a president?

The impeachment process requires agreement between both legislative bodies. The House of Representatives requires a simple majority, more than 50% of the vote, to impeach. The Senate requires a two-thirds majority. Congress has impeached two presidents in the nation’s history.

Why was Andrew Johnson impeached?

Stanton with General Ulysses S. Grant because this violated the Tenure of Office Act. Congress impeached the 42nd president Bill Clinton on charges of perjury and obstruction of justice following Clinton’s testimony of his extramarital affair ...

How to remove a president from office?

One way to remove a U.S. president from office is through impeachment and consecutive conviction. This method is intended to be implemented should the president commit a crime. The president has the same rights of due process as any other legal defendant, and therefore must be indicted of an actual crime, which involves violating a law ...

What is the 25th amendment?

This provision of the 25th Amendment, implemented as a safeguard should the president become unable to fulfill his duties, works as a contingency if the president becomes incapacitated or unable to resign.

What happens if the president challenges the decision?

If the president challenges this decision, Congress determines whether to restore the president to power. In the absence of a two-thirds vote in both houses, the president returns to power. Congress has never fully implemented this method of removal.

Which amendment allows the President to step aside?

Another enumerated power which facilitates the removal of a U.S. president is the 25th Amendment to the Constitution. This amendment allows the president to voluntarily step aside if he feels he may be physically or emotionally unable to perform presidential duties.

Can the President be denied a second term?

Last but not least, the president could be denied a second term in one of two ways: by the president’s own party, should it choose to nominate someone else in the next presidential election, or by voters who contribute to the president’s loss in the next election.