who has the authority to fire the united states attorney general

by Kobe Kilback 10 min read

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.

Do presidents have the authority to fire US Attorneys?

Jun 21, 2020 · 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.

Does the President have the authority to remove the Attorney General?

Aug 27, 2009 · The president can fire the attorney general. O bama administration spokesmen are portraying the president as unable to overrule Attorney …

Can the Attorney General fire the FBI Director?

to designate agents to receive, on behalf of the United States, the delivery by a foreign government of any citizen or national of the United States being transferred to the United States for the purpose of serving a sentence imposed by the courts of the foreign country, and to convey him to the place designated by the Attorney General. Such agent shall have all the powers of a …

Can the President fire anyone he wants at the FBI?

Those instances when presidents have exercised the authority to fire U.S. attorneys fall on a broad spectrum, from the right and appropriate to the unjust and perhaps unlawful.

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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.

Does the US attorney general report to the president?

The United States attorney general (AG) leads the United States Department of Justice, and is the chief lawyer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters.

Is the US attorney general the head of the Department of Justice?

The Department of Justice – or “DOJ” – is the agency responsible for enforcing the federal law of the United States. The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff.

Does the US attorney general have to be approved by Congress?

The United States attorney general is the head of the U.S. Department of Justice. The position requires a presidential nomination and subsequent confirmation by the United States Senate.

How long does the US attorney general serve?

four-yearUnder the state Constitution, the Attorney General is elected to a four-year term in the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.

Is the FBI part of the Department of Justice?

Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.

Is CIA under DOJ?

Since 2004 the CIA is organized under the Office of the Director of National Intelligence (ODNI). Despite transferring some of its powers to the DNI, the CIA has grown in size as a response to the September 11 attacks....Central Intelligence Agency.Agency overviewWebsitewww.cia.gov11 more rows

Is DOJ part of executive branch?

The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States.

What is the DOJ responsible for?

United StatesUnited States Department of Justice / JurisdictionDOJ prosecutes federal law offenders and represents the U.S. Government in court; its attorneys represent the rights and interests of the American people and enforce federal criminal and civil laws, including antitrust, civil rights, environmental, and tax laws; its Immigration Judges ensure justice for immigrants in ...

Who was Attorney General under George W Bush?

Alberto GonzalesOfficial portrait, 200580th United States Attorney GeneralIn office February 3, 2005 – September 17, 2007PresidentGeorge W. Bush31 more rows

Who was the 1980s Attorney General?

A chronological list of past California attorneys general is below....California Former Attorneys General.Matthew Rodriguez2021 – 2021John K. Van de Kamp1983 – 1991George Deukemejian1979 – 1983Evelle J. Younger1971 – 1979Thomas C. Lynch1964 – 197129 more rows

How many attorney generals are there in the US?

Term Limits. Of the 50 Attorneys General, 25 do not have a formal provision specifying the number of terms allowed. Of the 44 elected attorneys general, all serve four-year terms with the exception of Vermont, who serves a two-year term.

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.

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.

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.

What is the purpose of a transfer of a citizen to the United States?

to designate agents to receive, on behalf of the United States, the delivery by a foreign government of any citizen or national of the United States being transferred to the United States for the purpose of serving a sentence imposed by the courts of the foreign country, and to convey him to the place designated by the Attorney General.

What does "prison" mean in the United States?

to act on behalf of the United States as the authority referred to in a treaty; (2) to receive custody of offenders under a sentence of imprisonment, on parole, or on probation who are citizens or nationals of the United States transferred from foreign countries and as appropriate confine them in penal or correctional institutions, ...

Who was the attorney for 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.

Why was the death penalty harmed?

It was harmed because we as citizens must trust that when U.S. attorneys issue subpoenas or seek the death penalty, they do so without regard to partisan belief. U.S. Supreme Court Justice Robert Jackson served as one of FDR's attorneys general, and was the lead prosecutor in the Nuremberg trials after World War II.

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.

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.

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.

Is "general" a noun?

The title "attorney general" is an example of a noun (attorney) followed by a postpositive adjective(general).[8]". General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[8]

Who is the US Attorney for SDNY?

Today brings word that President Trump, having summarily disposed of a number of pesky Inspectors General who had the temerity to do their jobs, has now had enough of his own appointment to the position of US Attorney for the SDNY, Geoffrey Berman.

Does the judiciary's integrity affect the method of appointment?

The judiciary's integrity is not affected, and the method of appointment does not violate the doctrine of separated powers…. Here, the power to appoint is tempered in ways that ensure the appointee's independence.

Is it enough for the AG to appoint a temporary successor?

It's not enough for the AG to appoint a temporary successor (Barr has purported to name Jay Clayton of the SEC to the position) and to say: "There—your appointment has ended because 'the vacancy is filled'. Clean out your desk and begone.".

Is Berman going anywhere?

Berman says that he's not going anywhere. Here's his position. He was named to the US Attorney position by then-AG Sessions in January 2018, to succeed Preet Bahrara (whom Trump had just fired). For some reason, though, Berman's name was never formally put forward for required Senate confirmation.

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