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.
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.
The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
The process varies depending on whether the position concerned is an academic or a technical/administrative position, but it generally consists of the following four steps:Advertisement.Expert evaluation.Recommendation.Decision to appoint.
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. It represents the United States in federal criminal and civil litigation, and provides legal advice to the President and Cabinet.
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.
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 ...
Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional.
The SenateThe Senate has the sole power to confirm those of the President's appointments that require consent, and to ratify treaties.
Confirmation of appointment means the document confirming the appointment of the Firm signed on behalf of the Authority and the Firm; Sample 1.
Typically, the whole process takes several months, but it can be, and on occasion has been, completed more quickly. Since the mid 1950s, the average time from nomination to final Senate vote has been about 55 days. Presidents generally select a nominee a few weeks after a vacancy occurs or a retirement is announced.
The Constitution requires the president to submit nominations to the Senate for its advice and consent. Since the Supreme Court was established in 1789, presidents have submitted 165 nominations for the Court, including those for chief justice. Of this total, 128 were confirmed (7 declined to serve).
Attorney General is appointed by the President on the advice of the government. There are the following qualifications: He should be an Indian Citizen. He must have either completed 5 years in High Court of any Indian state as a judge or 10 years in High Court as an advocate.
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.
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.
Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general beginning in March 2021. He served as a circuit judge of the U.S. Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia
Learn more about the Attorney General's duties, powers, and how current Attorney General, William Barr, has handled his position overseeing the DOJ.
Attorney General Merrick B. Garland was sworn in as the 86 th Attorney General of the United States on March 11, 2021. 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.
This is a list of United States attorneys appointed by the 45th president of the United States, Donald Trump.. President Trump nominated 86 people to be U.S. attorneys, and 84 of them were confirmed. There are a total of 93 U.S. attorneys in the Department of Justice.
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government.The Attorney General is considered to be the chief lawyer of the U.S. government.The Attorney General is a member of the President's Cabinet, but is the only cabinet department head who is not given the ...
An official website of the United States government. Here’s how you know
The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those of the United States Department of Justice
The Senate Judiciary Committee held Garland's confirmation hearing for February 22-23, 2021. The Senate confirmed him on March 10 , 2021, by a vote of 70-30.
The confirmation process includes several rounds of investigation and review, beginning with the submission of a personal financial disclosure report and a background check. The nominee is then evaluated in a committee hearing, which allows for a close examination of the nominee and his or her views on public policy.
Once committee hearings are closed, most committees have a set amount of time before a vote is taken on whether the nominee is reported to the Senate favorably, unfavorably, or without recommendation. The nomination will then go to the Senate floor for consideration. Once the nomination is considered by the Senate, unlimited debate is allowed until a majority of the Senate votes to invoke cloture and close debate. Following a vote of cloture, the Senate conducts a simple majority vote on whether to confirm, reject, or take no action on the nomination.
If you really want to work “at the pleasure of the president,” but don’t want to have to face the scrutiny of the U.S. Senate, there are more than 320 other high-level government jobs that the president can fill directly without the Senate’s consideration or approval.
Justices of the Supreme Court: 9 positions (Supreme Court justices serve for life subject to death, retirement, resignation or impeachment.) Certain jobs in the independent, non-regulatory executive branch agencies, like NASA and the National Science Foundation: Over 120 positions. Director positions in the regulatory agencies, ...
However, under the rules governing unanimous consent items, any Senator, for himself or herself or on the behalf of another Senator, can direct that any particular “privileged” nominee be referred to Senate committee and considered in the usual fashion.
Specifically, the third clause of Article II, Section 2 grants the president the power to “fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”.
However, under the rules governing unanimous consent items, any Senator, for himself or herself or on the behalf of another Senator, can direct that any particular “privileged” nominee be referred to Senate committee and considered in the usual fashion.
The courts have held that this means that during times the Senate is in a recess, the president can make appointments without the need for Senate approval. However, the appointee must be approved by the Senate by the end of the next session of Congress, or when the position becomes vacant again.
The U.S. Attorney General has the power to appoint a special counsel. In the case where the Attorney General has recused him or herself, the Deputy Attorney General has the power to appoint this individual, according to the Code of Federal Regulations: §600.1 Grounds for appointing a Special Counsel. The Attorney General, or in cases in which the ...
To do this, Congress would have to pass a law requesting that a three-judge panel of members of the U.S. Court of Appeals in Washington, D.C. appoint the counsel. The last time this method was used was for the appointment of Kenneth Starr to investigate President Bill Clinton.
Lastly, Congress could appoint a special congressional committee to investigate (think Watergate Committee ). Such committees are usually bipartisan and are run by members of Congress. The committee would have the right to subpoena. The difference between this kind of committee and the investigations currently being conducted by the House and Senate Intelligence Committees is that the committee would only be investigating the Russia allegations, rather than investigating and handling the regular business of a congressional committee.
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 ).
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.)
These "PAS" (Presidential Appointment needing Senate confirmation) positions, ...
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.)
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.
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.
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.
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 .
Attorney General is a Level I position in the Executive Schedule, thus earning a salary of US$ 221,400, as of January 2021.
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.
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.
The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.
The United States attorney general (AG) leads the United States Department of Justice, and is the chief law enforcement officer 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. The attorney general is a statutory member of the Cabinet of the United States.
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…
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.
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"