why can't a us attorney talk to president

Can a US Attorney be appointed by the President?

Appointment. A U.S. Attorney continues in office, beyond the appointed term, until a successor is appointed and qualified. By law, each United States attorney is subject to removal by the President. The Attorney General has had the authority since 1986 to appoint interim U.S. Attorneys to fill a vacancy.

Is a US Attorney a political office?

U.S. Attorneys hold a political office, in which the President nominates candidates to office and the Senate confirms, and consequently, they serve at the pleasure of the President.

Does the President have the right to remove US Attorneys?

"While the President has the right to remove U.S. Attorneys, there is precedent for U.S. Attorneys in the Northern District of Illinois to remain in office to conclude sensitive investigations.

What happens to acting US Attorneys without Senate confirmations?

A number of acting US attorneys who aren't Senate confirmed or who were appointed by the courts are expected to remain in their posts until a Biden appointee is approved by the Senate, prosecutors were told Tuesday.

Does the US attorney general report to the President?

The attorney general serves as the principal advisor to the president of the United States on all legal matters....United States Attorney GeneralMember ofCabinet National Security CouncilReports toPresident of the United States15 more rows

Who can fire a US attorney?

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.

Is the US attorney appointed by the President?

United States Attorneys are appointed by the President of the United States, with the advice and consent of the United States Senate, and serve at the direction of the Attorney General.

Who can fire Manhattan attorney?

A proceeding to suspend or remove a district attorney is commenced by filing with the clerk of superior court of the county where the district attorney resides a sworn affidavit charging the district attorney with one or more grounds for removal.

Who has authority over U.S. Attorney?

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.

Can a U.S. 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.

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.

Are US attorneys confirmed by the Senate?

U.S. attorneys are appointed by the President of the United States for a term of four years, with appointments subject to confirmation by the Senate. A U.S. attorney continues in office, beyond the appointed term, until a successor is appointed and qualified.

How many US attorneys are in the United States?

93 United States AttorneysA U.S. ATTORNEY'S OFFICE: BASIC FACTS There are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

Who is the DA of Brooklyn?

Attorney Eric GonzalezBrooklyn District Attorney Eric Gonzalez today announced that Brooklyn made gains in public safety during 2021, as homicides and shootings declined compared to 2020. Those categories inched up in other boroughs and citywide.

Is Manhattan district attorney an elected position?

The New York County District Attorney, also known as the Manhattan District Attorney, is the elected district attorney for New York County (Manhattan), New York.

Is a prosecutor a lawyer?

Prosecutors are typically lawyers who possess a law degree, and are recognized as legal professionals by the court in which they intend to represent society (that is, they have been admitted to the bar).

Who can appoint an attorney?

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. Before March 9, 2006, such interim appointments expired after 120 days, if a Presidential appointment had not been approved by the Senate. Vacancies that persisted beyond 120 days were filled through interim appointments made by the Federal District Court for the district of the vacant office.

What did the change in the law do to the Attorney General?

The change in the law undermined the confirmation authority of the Senate and gave the Attorney General greater appointment powers than the President, since the President's U.S. Attorney appointees are required to be confirmed by the Senate and those of the Attorney General did not require confirmation.

Why are emails about the firing of attorneys lost?

White House spokesman Scott Stanzel stated that some of the emails that had involved official correspondence relating to the firing of attorneys may have been lost because they were conducted on Republican party accounts and not stored properly. "Some official e-mails have potentially been lost and that is a mistake the White House is aggressively working to correct." said Stanzel, a White House spokesman. Stonzel said that they could not rule out the possibility that some of the lost emails dealt with the firing of U.S. attorneys. For example, J. Scott Jennings, an aide to Karl Rove communicated with Justice Department officials "concerning the appointment of Tim Griffin, a former Rove aide, as U.S. attorney in Little Rock, according to e-mails released in March, 2007. For that exchange, Jennings, although working at the White House, used an e-mail account registered to the Republican National Committee, where Griffin had worked as a political opposition researcher."

What was the process used to fire the first seven attorneys and two others dismissed around the same time?

A subsequent report by the Justice Department Inspector General in October 2008 found that the process used to fire the first seven attorneys and two others dismissed around the same time was "arbitrary", "fundamentally flawed" and "raised doubts about the integrity of Department prosecution decisions".

Why were some of the attorneys targeted for dismissal?

Allegations were that some of the attorneys were targeted for dismissal to impede investigations of Republican politicians or that some were targeted for their failure to initiate investigations that would damage Democratic politicians or hamper Democratic-leaning voters.

When did the grand jury come to investigate the firings?

In June 2008, a grand jury was empaneled to consider criminal indictments against officials involved in the firings. The grand jury was presented evidence from ongoing investigations at the Department of Justice Inspector General's office and at the DOJ's Office of Professional Responsibility.

Who was the DOJ attorney general in 2006?

Attorney General Gonzales, in a confidential memorandum dated March 1, 2006, delegated authority to senior DOJ staff Monica Goodling and Kyle Sampson to hire and dismiss political appointees and some civil service positions.

Who is responsible for presenting the case against an individual suspected of breaking the law?

The prosecution is the legal party responsible for presenting the case against an individual suspected of breaking the law, initiating and directing further criminal investigations, guiding and recommending the sentencing of offenders, and are the only attorneys allowed to participate in grand jury proceedings.

When was the Office of the Attorney General created?

History and statutory authority. The Office of the United States Attorney was created by the Judiciary Act of 1789 , along with the office of Attorney General and the United States Marshals Service. The same act also specified the structure of the Supreme Court of the United States and established inferior courts making up ...

When did the interim appointment authority change?

Therefore, at that time, the interim appointment authority was switched to the district courts; that is, in 1898 it was switched to the district courts. Thus, for almost 100 years, the district courts were in charge of appointing interim U.S. attorneys, and they did so with virtually no problems.

Can a citizen represent the United States in court?

However, they are not the only ones that may represent the United States in Court. In certain circumstances, using an action called a qui tam, any U.S. citizen, provided they are represented by an attorney, can represent the interests of the United States, and share in penalties assessed against guilty parties.

Who were the attorneys who did not resign before Biden's inauguration?

Some high-profile US attorneys who had not resigned ahead of Biden's inauguration included US Attorney for the Southern District of Ohio David DeVillers, Utah US Attorney John Huber and Pittsburgh US Attorney Scott Brady.

Who is the acting attorney for the Capitol?

Among those the Biden administration may keep for a while, according to people briefed on the matter, are Michael Sherwin, acting US attorney in Washington, DC, who is overseeing the sprawling probe of the January 6 attack on the US Capitol.

Who was the US attorney who investigated Hillary Clinton's business dealings?

During his second time as the US attorney, Huber was tasked by Sessions to reexamine a previous Justice Department investigation of Democratic presidential nominee Hillary Clinton's business dealings and the Clinton Foundation.

Who will remain in the Senate until Biden is approved?

A number of acting US attorneys who aren't Senate confirmed or who were appointed by the courts are expected to remain in their posts until a Biden appointee is approved by the Senate, prosecutors were told Tuesday.

What law protects the President from the Secret Service?

However, Devin Schindler, Auxiliary Dean and Constitutional Law professor at Western Michigan University, notes that “A federal statute, 18 U.S.C. 3056, however, ‘authorizes’ the Secret Service to protect the president and his immediate family. The law essentially forbids the president from refusing Secret Service protection.

Can you talk to a friend over the phone?

For example, talking to a friend over the phone or video-chat can only be done on a secured line ,” says Matt Pinsker, a Homeland Security professor at Virginia Commonwealth University.

Can the President refuse Secret Service protection?

The law essentially forbids the president from refusing Secret Service protection. As a practical matter, a series of rules have developed over the years to protect the President from potential harm.”. Now, find out the presidential trivia everyone always gets wrong.

Can the President eat outside the White House?

Also, it’s been reported that the president may not be able to eat outside of the White House unless an official “food taster” is present to make sure the food is safe to eat. These are the cleverest Secret Service code names for U.S. presidents. AP/REX/Shutterstock.

Can the President ride a bike?

Jim Ronan, author and professor of political science at Villanova University, notes that at locations like Camp David or at personal properties, the president is able to take a walk, ride a bike (that was George W. Bush’s preference!), or do other simple tasks.

Is driving an option for the President?

Drive. “Driving is definitely not an option,” says Pinsker. “The president is driven in a highly secured vehicle by an individual who has undergone extensive training to prepare for an emergency situation.”. However, Dr. Jim Ronan, author and professor of political science at Villanova University, notes that at locations like Camp David ...

Does the Secret Service answer to the President?

“An important final point is one that’s often overlooked—although the Secret Service can advise, and, in some cases, strongly discourage, they ultimately answer to the president,” says Ronan. “Therefore, if a president wants to do something that raises security issues, such as walking out of the White House to greet people or visiting a dangerous location, the president has the final say and the Secret Service will try its best to adapt to the circumstances.” So if the president has a driving urge to do something that could evoke a threat, the Secret Service has to let him do it.

Issues in Brief

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Fallout

Replacement of The U.S. Attorneys

Reactions and Congressional Investigation

Aftermath

See Also

References and External Links