why does the president nominate the attorney general

by Kathryn Abshire 5 min read

Will Biden nominate Obama as Attorney General?

Jan 07, 2021 · Joe Biden will nominate the federal appeals judge Merrick Garland to be the next US attorney general, a transition official for the president-elect said on Wednesday, a choice most Americans know ...

What is the President’s authority to nominate federal positions?

Jan 07, 2021 · In 2016, President Barack Obama nominated Garland to serve on the Supreme Court, but his nomination languished in the GOP-controlled Senate at the end of the former president’s term.

How does a president nominate a Supreme Court justice?

In 1868, the Senate rejected Democrat Andrew Johnson’s nomination of Henry Stanbery as attorney general, 29-11. Stanbery sought to regain the …

What determines whether a presidential nominee is confirmed by the Senate?

Jan 02, 2021 · A former professor of constitutional law has called on President-elect Joe Biden to nominate former President Barack Obama to serve as attorney general. Writing in The Hill newspaper, Douglas ...

What does the US attorney general do for the President?

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.

Does the President nominate the attorney general?

The attorney general is a statutory member of the Cabinet of the United States. 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.

What power does the US attorney general have?

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 the attorney general be fired by the President?

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 is the boss of the U.S. Attorney General?

Meet the Attorney General Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021.4 days ago

Who was the last U.S. Attorney General?

List of U.S. attorneys generalAttorney GeneralYears of serviceMerrick Garland2021-PresentLoretta Lynch2015-2017Eric Holder2009-2015Michael B. Mukasey2007-200982 more rows

Why is the DOJ important?

The Department of Justice serves to prevent terrorism and promote the Nation's security consistent with the rule of law; prevent crime, protect the rights of the American people, and enforce federal law; and ensure and support the fair, impartial, efficient, and transparent administration of justice at the federal, ...

Is the FBI under the DOJ?

As part of the Department of Justice (DOJ), the FBI reports the results of its investigations to the attorney general of the United States and his assistants in Washington, D.C., and to the United States attorneys' offices in the country's federal judicial districts.

Why is Joe Biden called a boy scout?

Some allies describe him as a “Boy Scout,” which is intended to suggest he would be seen as a non-political figure. In the end, a confluence of factors drove the decision, but people familiar with the matter say it’s largely because of how Biden believes Garland can rise above politics in the post-Trump era.

When will Biden be appointed Attorney General?

The announcement of the attorney general, along with other senior leaders of the Justice Department, is expected to be made as soon as Thursday as Biden moves closer to filling the remaining seats in his Cabinet before assuming power on January 20.

Who was the attorney general that Biden chose?

Garland was chosen by Biden for attorney general over former Alabama Sen. Doug Jones and former acting attorney general Sally Yates, the two other finalists for the position.

When is Nancy Pelosi's press briefing?

US Speaker of the House, Nancy Pelosi, Democrat of California, speaks at her weekly press briefing on Capitol Hill in Washington, DC, on July 22, 2021. (Photo by Brendan SMIALOWSKI / AFP) (Photo by BRENDAN SMIALOWSKI/AFP via Getty Images) WASHINGTON, DC - JULY 20: U.S. President Donald Trump talks to reporters with Vice President Mike Pence in ...

Who is the attorney general who said whoever is selected must have a clear and bold record when it comes to civil

Clarke said at the same news conference that whoever is selected as attorney general “must have a clear and bold record when it comes to civil rights and racial justice.”. Sharpton responded to the Garland pick with a skeptical statement and asked for a meeting with the nominee.

Who was appointed by Obama to the Supreme Court?

Obama nominated Garland to the Supreme Court after a vacancy was created by the death of Justice Antonin Scalia in 2016. But Republicans, led by Senate Majority Leader Mitch McConnell, refused for months to hold confirmation hearings or the required vote in the chamber.

Who is the former Massachusetts governor who is the head of Uber?

Sharpton said mentioned as potential picks former Massachusetts Gov. De val Patrick and Tony West, the senior vice president and chief legal officer at Uber who was previously the associate attorney general of the United States under the Obama administration.

The perils of presidential loyalty

The U.S. attorney general is appointed by – and answerable to – a partisan president. Consequently, attorneys general are often appointed as a result of loyalty. Barr is not the first attorney general to be viewed as a presidential loyalist; Eric Holder, for instance, publicly proclaimed he was President Barack Obama’s “ wingman .”

States take a variety of approaches

In the states, it is unusual for the head of the executive branch – that is, the governor – to have the power to hire and fire the attorney general. Only five states grant the governor the power to appoint the state attorney general: Alaska, Hawaii, New Jersey, New Hampshire and Wyoming.

Part of the judiciary

Many of the founders envisioned that the U.S. attorney general would be appointed by the U.S. Supreme Court.

Which branch of government determines whether to confirm a nominee?

Second, the Senate determines whether to confirm the nomination. Third, the president presents a signed commission to the successful nominee and he or she is sworn in, assuming authority to carry out the duties of the office. The appointments clause of the Constitution specifies that the president.

Who was the Supreme Court nominee in 2016?

Since 1845, the Senate has taken no action on only five Supreme Court nominees, the latest being Merrick Garland in 2016. Obama, a liberal Democrat, selected Garland to fill a vacancy created by the February 2016 death of Justice Antonin Scalia, a conservative. Republican leadership decided to adhere to a Senate tradition ...

How many nominees have been rejected by the Senate?

3 nominees. In the past 100 years, the Senate has rejected three nominations on a recorded vote. Americans tend to think of their president as the most powerful person in the world, but the Constitution limits the power of all three branches of government—the president as well as the Congress and the federal courts.

How many cabinet nominations did the Senate reject?

At this writing, the Senate has rejected only nine of a president’s Cabinet nominations. Four were made by embattled Whig-turned-Independent John Tyler in 1843 and 1844, including choices for secretary of war and treasury secretary.

When did the Senate pass a resolution allowing nominations for specific positions to bypass a committee?

In 2011, to ease the logjam of President Obama’s appointees awaiting confirmation, the Senate adopted a resolution allowing nominations for specific positions to bypass a committee and go to the full Senate for a vote. The committee still collects background, however.

What is the job of the executive clerk in the Senate?

The appropriate committee investigates the nominee, holds hearings, and reports to the full Senate.

What is the Office of Government Ethics?

The Office of Government Ethics is available to guide a candidate through the paperwork. The FBI typically does a background check and submits a report. The Office of Government Ethics, along with an ethics official from the relevant agency, reviews the financial disclosures.

Where does the President's authority to nominate individuals to federal positions come from?

The President’s authority to nominate individuals to federal positions comes from Article 2, Section 2 of the U.S. Constitution. “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, ...

What are the most prestigious positions of the President?

These are the cabinet positions: Vice President. Secretary of State. Secretary of the Treasury. Secretary of Defense.