why did we have an acting attorney general

by Myrtice Rath Jr. 5 min read

Who is the current Attorney General?

Nov 17, 2018 · Designating an Acting Attorney General The President’s designation of a senior Department of Justice official to serve as Acting Attorney General was expressly authorized by the Vacancies Reform Act. That act is available to the President even though the Department’s organic statute prescribes an

Who will be the next Attorney General after William Barr leaves?

Sep 17, 2007 · Acting Attorney General . The President may designate an Acting Attorney General under the Vacancies Reform Act, even if an officer of the Department of Justice otherwise could act under 28 U.S.C. § 508, which deals with succession to the office of the Attorney General. September 17, 2007 . M. EMORANDUM . O. PINION FOR THE . C. OUNSEL TO THE . P. RESIDENT

Did the Acting Attorney General change Trump’s timeline?

Nov 08, 2018 · This means that Mr. Trump’s nomination of Matthew Whitaker as acting attorney general, with the obvious intent of affecting the Mueller probe, is unconstitutional, i.e. illegal.

Is the appointment of the Acting Attorney General unconstitutional?

Dec 14, 2020 · Jeffrey A. Rosen, the No. 2 at the Justice Department, will take over as acting attorney general when Mr. Barr leaves on Dec. 23. Richard Donoghue, an official in Mr. Rosen’s office, will become ...

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What does acting U.S. attorney mean?

Definition. An attorney, acting under the direction of the Attorney General, who enforces federal laws within his or her jurisdiction and represents the federal government in civil and criminal cases. The United States Attorney is appointed by the President and confirmed by the Senate for a term of four years.

Why was the attorney general created?

The Judiciary Act of 1789 created the Office of the Attorney General (AG) to represent the federal government in cases before the US Supreme Court and to give legal advice to the President or the heads of cabinet-level departments.

Who is the acting US attorney general?

Merrick GarlandIncumbent. Merrick Garland Washington, D.C. 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.

What is the purpose of the US attorney general?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.Oct 8, 2021

Who is the highest law enforcement officer in the US?

The chief of police (COP) is the highest-ranking officer in the police department. As the general manager or CEO of the police department, the COP is responsible for the planning, administration, and operation of the police department.

What is the role of the attorney general UK?

The Attorney General is chief legal adviser to the Crown and has a number of independent public interest functions, as well as overseeing the Law Officers' departments.

Who was the last Attorney General?

California Former Attorneys GeneralMatthew Rodriguez2021 – 2021Kamala D. Harris2010 – 2017Edmund G. Brown, Jr.2007 – 2011Bill Lockyer1999 – 2007Daniel E. Lungren1991 – 199929 more rows

Who was the last US attorney general?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentMichael B. Mukasey2007-2009Alberto R. Gonzales2005-2007John David Ashcroft2001-200582 more rows

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 attorney general a prosecutor?

Section 11 of the Criminal Procedure Code 2010 provides that the Attorney-General shall be the Public Prosecutor, with control and direction of all criminal prosecutions and proceedings.

What is Whitaker's role in the Vacancies Reform Act?

That Act provides three mecha-nisms by which an acting officer may take on the functions and duties of an office, when an executive officer who is required to be appointed by the President with the advice and consent of the Senate “ dies, resigns, or is otherwise unable to perform the functions and duties of the office .”

How many times was John Boyle appointed as the Navy Secretary?

3, 12–13 (Ct. Cl. 1857) (identifying 13 times between 1831 and 1838 that chief clerk John Boyle was appointed as Acting Secretary of the Navy, for a total of 466 days).

When did the Supreme Court decide that acting officers are entitled to pay for their services?

Well before the Supreme Court’s foundational decision in Eaton in 1898, courts approved of the proposition that acting officers are entitled to payment for services during their temporary appointments as principal officers. See, e.g., United States v. White, 28 F. Cas. 586, 587 (C.C.D. Md. 1851) (Taney, Circuit J.) (“[I]t often happens that, in unexpected contingencies, and for temporary purposes, the appointment of a person already in office, to execute the duties of another office, is more conven-ient and useful to the public, than to bring in a new officer to execute the duty.”); Dickins, Rep. C.C. 9, at 17, 1856 WL 4042, at *3 (finding a chief clerk was entitled to additional compensation “for his services[] as acting Secretary of the Treasury and as acting Secretary of State”). Most signifi-cantly, in Boyle, the Court of Claims concluded that the chief clerk of the Navy (who was not Senate confirmed) had properly served as Acting Secretary of the Navy on an intermittent basis over seven years for a total of 466 days. Rep. C.C. 44, at 8, 1857 WL 4155, at *1–2 (1857). The court expressly addressed the Appointments Clause question and distinguished, for constitutional purposes, between the office of Secretary of the Navy and the office of Acting Secretary of the Navy. Id. at 8, 1857 WL 4155 at *3 (“It seems to us . . . plain that the office of Secretary ad interim is a distinct and independent office in itself. It is not the office of Secre-

Is Whitaker an Acting Attorney General?

The constitutionality of Mr. Whitaker’s designation as Acting Attorney General is supported by Supreme Court precedent, by acts of Congress passed in three different centuries, and by countless examples of execu-tive practice. To say that the Appointments Clause now prohibits the President from designating Mr. Whitaker as Acting Attorney General would mean that the Vacancies Reform Act and a dozen statutes were unconstitutional, as were countless prior instances of temporary service going back to at least the Jefferson Administration.

Early life

Rosen was born to a Jewish family in Boston and grew up in Brockton, Massachusetts. He graduated from Northwestern University with a Bachelor of Arts in economics in 1979 after serving as president of the student council his third and final year of college.

Career

Rosen joined Kirkland & Ellis in 1982. He left the firm in 2003 and began working for the U.S. government.

Who is William Barr?

Trump’s political agenda. Attorney General William P. Barr quickly became a trusted adviser to President Trump.

Who took over the Justice Department?

Mr. Barr took over the Justice Department after the president forced out Jeff Sessions as attorney general in November 2018, reassuming a position Mr. Barr held roughly a quarter of a century ago under President George Bush. He quickly became one of the most powerful members of Mr. Trump’s cabinet. He swiftly used his discretion to disclose nearly ...

Who led the Justice Department civil division?

Trying to find another avenue to push his baseless election claims, Donald Trump considered installing a loyalist. Jeffrey Clark, who led the Justice Department’s civil division, had been working with President Donald Trump to devise ways to cast doubt on the election results. Credit... Susan Walsh/Associated Press.

Did Barr leave the Justice Department?

A Justice Department spokesman declined to comment, as did Mr. Rosen. When Mr. Trump said on Dec. 14 that Attorney General William P. Barr was leaving the department, some officials thought that he might allow Mr. Rosen a short reprieve before pressing him about voter fraud.

What did Sherwin say about the Capitol riots?

After the Capitol siege, Sherwin said the Justice Department was considering bringing sedition charges against some of the rioters, effectively accusing them of attempting to overthrow or defeat the government.

Who is the attorney for Hunter Biden?

As for other federal prosecutors, a senior Justice Department official told Fox News that U.S. Attorney for Delaware David Weiss, who has oversight of the federal investigation into Hunter Biden’s "tax affairs" will remain in place.

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Early Life, Education, and College Football Career

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Matthew George Whitaker was born in Des Moines, Iowa, on October 29, 1969. He graduated from Ankeny High School, where he was a football star. He was inducted into the Iowa High School Football Hall of Fame in 2009. Whitaker attended the University of Iowa, receiving a bachelor's degree in communications in 1991 and …
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Career

  • After graduating from law school, Whitaker lived in Minneapolis, Minnesotafrom 1995 to 2001, before moving back to Iowa.
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Legal and Policy Views

  • Constitutional issues
    Whitaker stated in a question-and-answer session during his 2014 Iowa Senatorial campaign that "the courts are supposed to be the inferior branch". Whitaker was critical of the U.S. Supreme Court's decision in Marbury v. Madison (1803), the decision that allows judicial review of the con…
  • Criticisms of 2017 Special Counsel investigation
    During the months prior to joining the Justice Department as Jeff Sessions' chief of staff in September 2017, Whitaker made several statements critical of the Mueller investigation, of which he assumed oversight responsibility upon being appointed Acting Attorney General in Novembe…
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Writings

  • Above the Law: The Inside Story of How the Justice Department Tried to Subvert President Trump. Regnery Publishing. 2020. ISBN 978-1684510498.
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External Links