who tells the attorney general what to do

by Ilene Schmitt 10 min read

Can governors tell their attorneys general what to do?

Can governors tell their attorneys general what to do? In general, no. The vast majority of state attorneys general are elected separately from the governor, which means they’re free to make their own decisions about which cases to prosecute.

How does an attorney general work?

How an Attorney General Works. As head of the Department of Justice and chief legal counsel to the president, the duties of the attorney general are obviously important and wide reaching. The attorney general prosecutes cases that involve the government and gives advice to the president and heads of the executive departments when needed. As...

Who is the current Attorney General?

Learn more about the Attorney General's duties, powers, and how current Attorney General, William Barr, has handled his position overseeing the DOJ. Moments like these require unrelenting truthtelling. We take pride in being reader-funded.

How to succeed in an attorney general investigation?

The best way to succeed in an attorney general investigation is to never appear on their radar screen in the first place.

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What function does the attorney general serve?

Attorneys general are the top legal officers of their state or territory. They advise and represent their legislature and state agencies and act as the “People's Lawyer” for the citizens. Most are elected, though a few are appointed by the governor.

How does the attorney general advice the president?

The attorney general serves as the principal advisor to the president of the United States on all legal matters....United States Attorney GeneralAppointerPresident of the United States with United States Senate advice and consentTerm lengthNo fixed term15 more rows

How does the attorney general influence the executive branch?

The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. 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.

Who does the attorney general of New York report to?

The attorney general advises the executive branch of state government and defends actions and proceedings on behalf of the state. The attorney general acts independently of the governor of New York.

Who does the US attorney general supervise?

the Department of JusticeThe attorney general's main purpose is to supervise the Department of Justice. The Department of Justice includes many important federal law enforcement agencies, such as: The Federal Bureau of Investigation, or FBI. The Drug Enforcement Administration, or DEA.

What power does the US attorney general have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Can the President replace the attorney general?

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. In the event of a vacancy, the United States Attorney General is authorized to appoint an interim U.S. Attorney.

Who can remove the attorney general?

the PresidentHe 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.

Who is in charge of the executive branch?

the President of the United StatesThe power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

What is the role of the Attorney General of New York?

As head of the Department of Law, the Attorney General is both the “People's Lawyer” and the State's chief legal officer. As the “People's Lawyer,” the Attorney General serves as the guardian of the legal rights of the citizens of New York, its organizations and its natural resources.

How much does the NY Attorney General make?

State executive salariesOffice and current officialSalaryAttorney General of New York Letitia JamesNew York Secretary of State Robert RodriguezNew York Public Service Commission James Alesi$127,000New York Commissioner of Agriculture Richard A. Ball$120,80011 more rows

What happens if there is no Attorney General?

There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at hand as interim Attorney ...

When was the Office of the Attorney General created?

The Office of the Attorney General was created in 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters.

How many times has Barr been Attorney General?

Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks and balances.

What did Barr say about Mueller?

In a startling comment, Barr made late last year at the Attorney General’s Award for Distinguished Service in Policing, Barr stated that communities that fail to show the respect and support that law enforcement deserves, finally stating that these communities “might find themselves without the police protection they need.”

What does Barr believe about the executive branch?

Barr believes that congressional subpoenas and restrictions to the President’s removal power and legislative vetoes are encroachments on the power of the Executive branch . In addition, Barr has indicated he is willing to do whatever it takes to preserve the power of the Trump presidency, even if constitutional violations occur.

What was Barr's role in the Iran Contra scandal?

When Barr served as Attorney General in the Bush (41) administration, he orchestrated the pardons for six people caught up in the Iran-Contra scandal. The ACLU has concluded of Barr’s record in both private and public life that “Barr amassed a record of advancing policies that advocated dragnet government surveillance, mass incarceration, and discriminatory profiling while pushing an aggressive theory of expansive executive power that sidelines Congress’ constitutional role in checking the president.”

What is the Department of Justice?

The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country . There are six litigating divisions in the department: Antitrust.

What does the Attorney General do?

The attorney general prosecutes cases that involve the government and gives advice to the president and heads of the executive departments when needed. As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, ...

Who is the attorney general appointed by?

Some attorneys general are elected in statewide contests, while others are appointed by the governor, legislature or supreme court. The projects that an attorney general can take on are wide ranging.

What is the role of an attorney?

While attorneys are responsible for prosecuting offenses against the United States and prosecuting or defending in proceedings in which the United States requires representation, marshals issue orders and processes under the authority of the United States.

Who is the longest serving attorney general in Michigan?

The longest serving state attorney general was Frank J. Kelley who served for 37 years. He served from 1961 to 1998. At the time of his election at the age of 36, he was the youngest in his state's history. By the end of his term at the age of 74, he was the oldest ever to serve. He earned the moniker "Eternal General" [source: Michigan Bar ].

Can the President remove the Attorney General?

There is no designated term for the attorney general, rather the president can remove him or her from the office at any time. Additionally, the attorney general can be impeached and tried by Congress if deemed necessary.

The Federal attorney general

In the US a federal attorney general is chosen by the president of the US and then confirmed by the US Senate. Although this one is not an elected role, but rather a person is chosen by the person who is in elected roles, and there is no time set for a person that how much time he serves as an attorney of general.

State-level attorneys general

The state-level attorney general also plays the same role as the federal attorney general, but of course on the state level. In Florida, the state attorney general has selected by-election, maybe in other states, the state attorney general is chosen by the legislature or by their governors.

What is an attorney general investigation?

Those who address these investigations or actions properly have the best chance of obtaining a positive outcome. An attorney general investigation can come in many forms, from a simple letter to a Civil Investigative Demand (“CID”) or subpoena.

What to do if a lawsuit is commenced?

If a lawsuit has been commenced, the goal is to get the quickest, most cost effective and painless resolution.

What does experience counsel do?

Experienced counsel can help determine what is at the core of the investigation and who the real targets are – which can help limit the investigation or point it in the proper direction.

Who was the governor of Georgia who sued the governor?

Georgia Gov. Sonny Perdue, a Republican, sued his own Democratic attorney general, Thurbert Baker, that same year when Baker refused to drop a redistricting suit filed under the previous governor, a Democrat.

Why do AGs have more freedom?

AGs have more freedom in offensive lawsuits than in defensive ones. That is, AGs have more independence if they’re bringing a lawsuit on behalf of the state—suing the federal government over health care reform, say—than if they’re defending it. That’s because in defensive lawsuits, the attorney general coordinates with whichever state body is getting sued, be it the department of transportation or the state insurance department or the governor himself. The AG still has a major say in litigation strategy, but he makes decisions in consultation with the defendant.

Can the governor influence the attorney general?

Governors can try to influence them informally—and in most cases, their interests line up—but they have no formal power over the AGs.

Do AGs have freedom?

Those AGs are still considered independent but in practice have less freedom to stray from the governor’s agenda. They also have little reason to do so, since they’re usually from the same political party as the governor and owe their positions to him.

What is the role of an attorney general?

Attorney generals are one of the most important legal advisers for their government, state, or country. They provide legal advice and may be called on to advise ordinary citizens who may or may not be within the country's jurisdiction. Their power varies depending on the laws of the state or country. Most of them have special executive power related to the enforcement of laws. Attorney Generals also provide legal services to state departments and agencies.

How much does an attorney general make?

Attorneys general average about $47.77 an hour, which makes the attorney general annual salary $99,362. Additionally, attorneys general are known to earn anywhere from $66,000 to $149,000 a year. This means that the top-earning attorneys general make $83,000 more than the lowest earning ones.

How many attorneys generals have a bachelor's degree?

Over half of attorneys general have graduated with a bachelor's degree. In fact, it seems 31.6% of people who became an attorney general earned a bachelor's degree. When it comes down to graduating with a master's degree roughly 10.7% in this career have them. If you're wanting to pursue this career, it seems it may be possible to be successful with a high school degree. In fact, most attorneys general have a college degree. But about one out of every eight attorneys general didn't attend college at all.

What percentage of attorneys general are proficient in legal advice?

We calculated that 52 % of Attorneys General are proficient in Legal Advice, Counsel, and Administrative Law. They’re also known for soft skills such as Analytical skills, Interpersonal skills, and Problem-solving skills.

What is a lawyer's role?

Represent and advise clients in the areas of business, contracts, estate planning, family law, and civil litigation.

What is a solo lawyer?

Solo legal practitioner practicing in the areas of estate planning, bankruptcy, family law, disability, and criminal defense.

How many attorney general jobs will be available in 2028?

In addition, the number of attorney general opportunities that are projected to become available by 2028 is 50,100.

How to deal with a state attorney general?

Your company should retain a lawyer who regularly assists companies in addressing issues with state attorneys general—preferably a lawyer with a very strong relationship with the specific attorney (or attorneys) general who issued the inquiry. Often, a former state attorney general will be best positioned to navigate the legal process with the office of a current state attorney general. The lawyer who helped your company negotiate a commercial lease for your office space or who defended a recent class action most likely does not have the skill set or the connections to ensure that your company is put in the most favorable light possible during the course of the attorney general’s investigation. You should also consider whether to let your industry association know about an inquiry from a state attorney general. Other companies may be receiving the same types of inquiries, and your industry association may already be coordinating a response.

Why are state attorneys general important?

State attorneys general are highly motivated to protect consumers and to do so visibly, as they are elected by popular vote in 43 states. For this reason, state attorneys general frequently have the incentive to go after the smaller actors in the supplements industry that may not be as much of a priority for federal regulators.

What gives a state attorney general the authority to launch an investigation in the first place?

But, considering that federal regulators are already monitoring the supplements industry, what gives a state attorney general the authority to launch an investigation in the first place? State attorneys general derive their authority to regulate the supplements industry primarily from their state’s laws against unfair and deceptive acts and practices (the “UDAP” statutes), as well as each state’s Consumer Protection Act. State UDAP statutes prohibit unfair or deceptive acts and practices in consumer transactions. This somewhat nebulous and subjective standard allows for wide-ranging interpretations of what is unfair or deceptive, and state regulators often enforce this standard far more aggressively than the FTC enforces the analogous federal UDAP law. Your company should absolutely not assume that compliance with the federal UDAP law is sufficient to ensure compliance with all state UDAP statutes.

How to avoid being an investigatory target?

The easiest way to minimize your company’s chances of becoming an investigatory target is to reduce and resolve consumer complaints about your company’s products. If you make a quality product and you do not give consumers unreasonable expectations about the product by making misleading claims when advertising it, your customers will likely not file complaints. But when you do get a complaint, you need to take it seriously, even if you think the complaint has no merit. Chances are that other customers have the same complaint as the one that contacted you, and, if customers feel that your company is not doing anything to address their complaints, it is only a matter of time before someone will bring it to the state consumer protection division. Thus, you need to work with your customers to resolve any complaints that they may have.

How does an unfavorable story in the press affect the Attorney General?

An unfavorable story in the press is the second most common way for a company to become the target of a state Attorney General investigation. This avenue for becoming a target dovetails with the consumer complaints path in that a story about a consumer complaint is not likely to generate press coverage unless it indicates a broader pattern of complaints. Sometimes a news story can generate an attorney general investigation because, if a reporter asks the attorney general’s office what is being done about the issue in the news story, the attorney general will rarely want to respond, “nothing.”

What to do if you receive a letter of inquiry from the state attorney general?

If your company does receive a letter of inquiry from a state attorney general, you need to respond. Unlike some things in life, ignoring it will not make it go away. This is when it will have been really helpful to have previously established a relationship with the attorney general. If your company has that relationship, the attorney general may notify you before making the inquiry public so that your company will have the opportunity to resolve unfounded accusations quietly before any reputational damage is incurred.

How long does a company stay under the jurisdiction of the Attorney General?

Finally, your company should consider the fact that it will remain under the jurisdiction of the attorney general for as long as the company is in business or the attorney general is in office. In fact, senior staff in the attorney general’s office may stay on into the term of the next attorney general. In other words, because you may have to deal with your attorney general again in the future, you need to stay on good terms with him or her even while responding to the allegations against you.

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What Is The Role of The Attorney General?

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The Attorney General is the Head of the Justice Department and the attorney for the United States in all legal matters. They dispense legal advice to the president and the heads of other governmental agencies when requested. The Attorney General may support important cases that go to the Supreme Court of the United States if the case is deemed impo...
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How Does One Become Attorney General?

  • The position of Attorney General is an appointed one, nominated by the president and confirmed by the United States Senate. There is also a succession plan in place in the event there is no Attorney General due to absence or death, which allows the Deputy Attorney General to assume all powers and duties of the office. While the Deputy Attorney General would not be a confirmed Attorney General, they would have all of the powers of the office at h…
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What Are The Most Important Powers of The Attorney General?

  • The Attorney General will provide advice and guidance to the president and other high ranking officials regarding the law and how it should be implemented. This provides the Attorney General with a great deal of power, as they would have the ability to shape how laxly or punitively the law is to be applied. As the Justice Department has such wide-reaching tentacles of power in matters of law, from the banal to the extremely serious, this power ca…
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Who Is The Current Attorney General?

  • William Barr is the current Attorney General of the United States. He replaced Jeff Sessions in 2019 after President Trump fired Sessions. Barr has served as Attorney General twice, once during the George H.W. Bush administration from 1991 to 1993, and currently in the Trump administration. Barr has been consistent in his determination that the Executive branch claims absolute executive authority, contrary to our system of checks a…
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What Agencies Are Under The Department of Justice?

  • The Department of Justice is responsible for most of the legal business of the government, and therefore, many of the law enforcement agencies throughout the country. There are six litigating divisions in the department: 1. Antitrust 2. Civil 3. Civil Rights 4. Criminal 5. Environmental and Natural Resources 6. Tax Each division is headed up by an Assistant Attorney General, and many cases that impact the country at a federal level will filter through …
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History of The Attorney General

  • The Office of the Attorney General was createdin 1789 and was intended to be a one-person position. The person in the position was supposed to be “learned in the law” and was tasked with conducting all suits in the Supreme Court and advising the president and cabinet in law-related matters. The work quickly grew, requiring the addition of multiple assistants and private attorneys to work on cases. After the Civil War, in 1870, the office had grown t…
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List of Attorneys General

  1. William Barr, 2019 – Present
  2. Jeff Sessions, 2017 – 2018
  3. Loretta Lynch, 2015 – 2017
  4. Eric Holder, Jr., 2009 – 2015
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The Rantt Rundown

  • The Department of Justice, created in 1789, has grown from a part-time, one-person office to become the world’s largest law office, encompassing sixty different agencies and offices. The Attorney General is in charge of the Department and is responsible for all aspects of the Justice Department. The head of this vast bureaucracy has enough impact to shape the way laws are treated by law enforcement professionals across the country. The Dep…
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