who has more power the inspector general of the attorney general

by Jennings Wiegand I 3 min read

What is the Office of the Inspector General?

The Inspector General's Office is authorized by the State Officials and Employees Ethics Act (5 ILCS 430). The Office of the Inspector General is separate and independent from the Office of the Attorney General.

Did the White House just change the Inspector General's Office?

But on May 15, the White House announced changes to the department inspector general’s office, the Washington Post reported.

Who is the next Inspector General of Massachusetts?

Office of Governor Charlie Baker and Lt. Governor Karyn Polito BOSTON — Governor Charlie Baker, Attorney General Maura Healey and Auditor Suzanne Bump today announced the appointment of Jeffrey Shapiro to serve as the next Inspector General.

Who is the Inspector General of the Department of Justice (DOJ)?

Each division is headed by an Assistant Inspector General. Michael E. Horowitz was confirmed as Inspector General for the Department of Justice (DOJ) by the U.S. Senate on March 29, 2012. He was sworn in as the fourth confirmed Inspector General on April 16, 2012. See More

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Who has more power the Attorney General of the Supreme Court?

Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government.

Is Attorney General a powerful position?

The attorney general wields a huge amount of power and resources to influence legal enforcement in California, both through the courts and policing.

Who does the U.S. Attorney General report to?

President of the United StatesUnited States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United StatesSeatRobert F. Kennedy Department of Justice Building Washington, D.C.AppointerPresident of the United States with United States Senate advice and consent13 more rows

Who runs the Office of Inspector General?

Who does the Inspector General report to? According to the Inspector General Act, the Inspector General serves under the general supervision of the DHS Secretary and has a dual and independent reporting relationship to the Secretary and the Congress.

Is the attorney general higher than the president?

The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

Can the Attorney General be impeached?

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

Who's in charge of the Justice Department?

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.

How is Attorney General removed?

1) He is appointed by President of India. 2) He holds office during the pleasure of the President. 3) He must be member of either House of Parliament. 4) He can be removed by impeachment by Parliament.

What branch of government is the FBI under?

As part of the Department of Justice (DOJ), the FBI reports the results of its investigations to the attorney general of the United States and his assistants in Washington, D.C., and to the United States attorneys' offices in the country's federal judicial districts.

How many inspectors general are there?

There are currently 57 inspectors general (IG) subject to the Inspector General Act of 1978 or similar statutory provisions. The President appoints 29 IGs who are confirmed by the Senate. Twenty-eight IGs in designated federal entities (DFE IGs) are appointed by their agency heads.

Does OIG prosecute?

DOJ OIG Special Agents investigate alleged violations of fraud, abuse and integrity laws that govern DOJ employees, operations, grantees and contractors. These investigations sometimes lead to criminal prosecution or civil or administrative action.

Who is Secret Service Inspector General?

Earlier this month, Secret Service officials told congressional committees that DHS Inspector General Joseph Cuffari, the department's independent watchdog, was aware that texts had been erased in December 2021.

Can the attorney general be fired by the president?

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.

What is the role of Attorney General?

(1) The Attorney-General, as the principal legal adviser, shall tender legal advice and opinion to the National Executive following a request to do so and shall of his own initiative give such advice where it appears to him necessary or appropriate for legal advice to be given on a matter.

Are US attorneys powerful?

Abstract. Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.

What's the difference between US attorney and Attorney General?

The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.

Who informs the Inspector General of the establishment of the determination made by the Attorney General with respect to the request for Federal?

The head of the establishment shall inform the Inspector General of the establishment of the determination made by the Attorney General with respect to the request for Federal grand jury materials.

Who is responsible for submitting a request to the head of the establishment for federal grand jury materials?

If the Inspector General of an establishment submits a request to the head of the establishment for Federal grand jury materials pursuant to subsection (a) (1), the head of the establishment shall immediately notify the Attorney General of such request.

What is a search warrant?

seek and execute warrants for arrest, search of a premises, or seizure of evidence issued under the authority of the United States upon probable cause to believe that a violation has been committed.

Which chapter of the United States Code does not apply to the collection of information during an audit, investigation, inspection, evaluation?

Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information during the conduct of an audit, investigation, inspection, evaluation, or other review conducted by the Council of the Inspectors General on Integrity and Efficiency or any Office of Inspector General, including any Office of Special Inspector General.

Where are the Federal Rules of Criminal Procedure?

The Federal Rules of Criminal Procedure, referred to in subsec. (a) (1) (C), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

Who shall report the circumstances to the head of the establishment involved without delay?

Whenever information or assistance requested under subsection (a) (1) or (a) (3) is, in the judgment of an Inspector General , unreasonably refused or not provided, the Inspector General shall report the circumstances to the head of the establishment involved without delay.

Is the Inspector General a separate agency?

each Office of Inspector General shall be considered to be a separate agency; and. (ii) the Inspector General who is the head of an office referred to in clause (i) shall, with respect to such office, have the functions, powers, and duties of an agency head or appointing authority under such provisions.

Who is the Inspector General?

The Inspector General, who is appointed by the President subject to Senate confirmation, reports to the Attorney General and Congress . The Office of the Inspector General (OIG) consists of a front office, which is comprised of the Inspector General, the Deputy Inspector General, the Office of the General Counsel, and six major components.

What is the purpose of the Office of Inspector General?

Department of Justice (DOJ) is a statutorily created independent entity whose mission is to promote integrity, efficiency, and accountability within the Department of Justice.

What is the Investigations Division?

The Investigations Division investigates alleged violations of fraud, abuse and integrity laws that govern DOJ employees, operations, grantees and contractors. Investigations Division Special Agents develop cases for criminal prosecution, civil, or administrative action.

What is the Inspector General's Office?

The Inspector General's Office is authorized by the State Officials and Employees Ethics Act (5 ILCS 430).

When was the Inspector General appointed?

The Attorney General's Office appointed the first Inspector General in September 2004. The role of the Inspector General is to ensure that all the employees and vendors under the jurisdiction of the Attorney General maintain the highest standards of integrity and accountability.

What is the role of the Inspector General?

The Inspector General serves a valuable role in ensuring that the Office of the Attorney General operates efficiently and without fraud or abuse, thus ensuring that the public maintains the highest degree of trust and confidence in the Office of the Attorney General.

Who investigates an allegation?

If so, the allegation is investigated by a member of the Inspector General's Office. Once the investigation is concluded, and if a violation is found, a report of the investigation is completed and provided to the Attorney General. In that report, the Inspector General may include recommendations for personnel actions or recommendations ...

Is the Inspector General separate from the Attorney General?

The Office of the Inspector General is separate and independent from the Office of the Attorney General. The statute also gives the Office of the Inspector General subpoena power. Individuals are encouraged to contact the Inspector General's Office with information regarding waste, fraud, corruption, and abuse.

What is an inspector general?

Inspectors general are semi-independent watchdogs who conduct audits and investigations of executive branch actions and who have special reporting obligations to Congress. When the office was first created in 1978, inspectors general were constitutionally controversial. The Office of Legal Counsel opined that their divided obligations to the executive branch and Congress “violate the doctrine of separation of powers.” In 1998, a bipartisan panel of luminaries—including Howard Baker, Griffin Bell, Lloyd Cutler, William Barr, Andrew Card, Lawrence Eagleburger and William Webster—criticized inspectors general as “congressional ferrets of dubious constitutionality.” During Barr’s first tenure as attorney general from 1991 to 1993, he viewed the inspector general as a “constant irritant” and “tried to slap [their] wrists … and curtail their authority.” This was an unsurprising judgment since the inspector general is an affront to the unitary executive theory to which Barr subscribes.

Why did Obama fire the Inspector General?

This has not proved much of a limitation. The only reason that President Obama gave Congress when he fired the inspector general for the Corporation for National and Community Service in 2009 was that he lacked “the fullest confidence” in the inspector general. Trump followed this practice.

What is the OPR in the Justice Department?

Under current law, the Justice Department’s Office of Professional Responsibility (OPR), which was created in the wake of Watergate, is charged with “investigat [ing] allegations that Department attorneys, prosecutors, and immigration judges have committed misconduct while performing their duties to investigate, litigate, or give legal advice.” This OPR authority is expressly carved out of the Justice Department inspector general’s authority. The IG Independence and Empowerment Act would eliminate this carve-out and extend inspector general authority to investigating allegations of misconduct against Justice Department attorneys.

How long does an inspector general have to be on leave before firing?

A different bill, the Securing Inspector General Independence Act of 2021, aims to slow down the firing process by, for example, limiting the president’s power to place an inspector general on “administrative leave” during the 30-day notice period before firing. This is a better step, though a relatively small one.

Who is responsible for the executive branch?

At the top of the list of those responsible for executive branch accountability in the 21st century are the statutory inspectors general who now populate every major executive branch agency. On Wednesday, Oct. 6, the Senate Committee on Homeland Security and Governmental Affairs will consider three bills—the Securing Inspector General Independence Act of 2021, the IG Testimonial Subpoena Authority Act and the IG Independence and Empowerment Act—that would expand the independence and power of inspectors general in important respects. This post reviews the central reforms, urges the passage of one of them and assesses the others.

Is the Inspector General's power better?

More power is not always better, and the hard question is whether this new authority would enhance inspector general power too much. Inspectors general have done excellent work without this broader authority, leaving it to the press, Congress and other investigators to fill in the holes in their reports created by lack of access to witnesses outside the government. One mark of how significant a change this new authority would be is that even its proponents would require an inspector general to consider attorney general objections before issuing the subpoena and would impose oversight by a panel of the Council of the Inspectors General on Integrity and Efficiency, the inspector general-run watchdog for inspectors general.

Did Barr puff?

Barr was not puffing, as became clear when he relied on Horowitz to squirm out of the controversy that arose when former President Trump in 2020 fired Acting U.S. Attorney for the Southern District of New York Geoffrey Berman. Critics worried that Trump intervened to protect himself from ongoing criminal investigations. This concern grew when Barr tried to replace Berman with a Trump loyalist. In the face of intense controversy, Barr backed down and appointed a career prosecutor instead. And to further alleviate criticism, Barr stated that if any senior lawyer in the Southern District experienced “improper interference with a case,” he or she should report the matter to the Justice Department inspector general, whom Barr “authoriz [ed] to review any such claim”—a step Barr claimed would “provide additional confidence that all cases will continue to be decided on the law and the facts.”

What is the difference between an IG and an attorney general?

An Inspector General is a Law Enforcement agency while the Attorney General is just that-attorneys. The IG investigates and the AG prosecutes. (In Texas)

How is an attorney general selected?

At the state level, most attorney generals are selected by popular vote. The attorney general provides advice to the governor and the state legislature. S/he is not directly responsible for criminal prosecutions, although s/he may offer assistance in very high profile cases. The attorney general of the state usually reports to the voters of the state.

What is the role of the Attorney General?

In all states in the USA, as well as the Federal government, the Attorney General is the leader of the Department of Justice (or similarly named state agency). At the Federal level, the DoJ is responsible for the prosecution of all criminal acts, as well as defending the government against civil suits. Other agencies can and do file civil suits to enforce their regulations, but criminal cases are only prosecuted by the DoJ. The AG is the leader of this department, and had a huge influence over which cases are prosecuted, and HOW they are handled.

What is the highest police post in the state?

Inspector General post is that highest police post in the state. Attorney General is the post of lawyer who pleads for the Central Government cases in the court.

What is an IG in law enforcement?

The IG for a department is the place where employees can report fraud or other violations, and the IG will investigate such things. IGs are a form of law enforcement: anything they find wrong, they built a case, then hand that case over to the Attorney General for prosecution. IGs work inside their particular agency/department; they are an integral part of them, and act to self-police the agency. They do not investigate things outside their own agency. IGs are primarily focused on civil law, though they can and do also initiate criminal cases too/

What is the job of an AG?

The AG heads up the Department of Justice, a cabinet level department which is the law enforcement branch of the federal government. (He has all the powers of law enforcement and is often erroneously referred to as America’s chief law enforcement officer. This is not exactly correct but is close enough for government work. Actually, that title belongs to the President. Cabinet officers and other principal officers are Presidential alter egos, surrogates for the President.) An inspector general, however, is an internal watchdog. Each department has one. An IG has the power to conduct investigat

What is a state attorney?

State’s Attorney is an attorney representing the state. The duties of the State’s Attorney varies from state to state. In some states, the State’s Attorney is an elected position. The State’s Attorney is responsible for all criminal litigation in a geographical area. The State’s Attorney might also be responsible for providing legal advice to government units within that geographical area. A State’s Attorney for a specific county may handle all criminal cases within the county and provide legal advice to the political unit (such as a County Board) which runs the county.

Who was the acting attorney general of the United States in 2017?

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.

How much does an attorney general make in 2021?

Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.

What was the purpose of the Attorney General's Office?

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 .

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.

Who has more power to protect inspector generals?

Congress has more power to protect permanent inspectors general like Atkinson and Linick, experts said. In Linick’s case, they can start by demanding proof the firing is justified. "You can’t just say you’ve lost confidence in an inspector general," Hempowicz said, referencing Trump’s stated explanation for Linick’s firing. ...

How many inspectors general has Trump pushed out?

Here’s who they are. Trump has pushed out 5 inspectors general since April. Here’s who they are. President Donald Trump speaks with reporters on Capitol Hill in Washington on May 19, 2020.

Why is Trump ratcheting up the attack on government institutions?

Experts from nonprofit watchdog groups told us Trump is ratcheting up a years-long attack on government institutions meant to prevent waste, fraud and abuse.

Who is the inspector general of the intelligence community?

Michael Atkinson, then the inspector general of the intelligence community, arrives at the Capitol in Washington to testify privately about a whistleblower complaint on Oct. 4, 2019. (AP/Applewhite) On April 3, Trump signaled his intent to fire Atkinson, the intelligence community inspector general who handled the whistleblower complaint ...

Who is Glenn Fine?

Glenn Fine, acting inspector general of the Defense Department. Fine, the principal deputy inspector general of the Defense Department since 2015, had been serving as the Pentagon’s acting inspector general since before Trump took office.

Did Obama fire inspector generals?

But there’s no precedent for Trump’s rapid removals, experts told us. President Barack Obama fired one inspector general, according to the Washington Post. Trump, meanwhile, said he’s suggested for years that his agencies fire any Obama-appointed investigators.

Who was the attorney that was impeached?

He was a minor player in Trump’s impeachment, privately briefing members of Congress in October about documents that Trump personal attorney Rudy Giuliani, a key player in the events that led to Trump’s impeachment, had given the State Department.

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