How is the Attorney General of the United States appointed?
Acting Attorney General Matthew Whitaker is facing questions of legitimacy, with the state of Maryland filing a motion Tuesday for an injunction declaring his …
Is Matthew Whitaker's appointment as Attorney General Legal?
Nov 08, 2018 · President Trump’s installation of Matthew Whitaker as acting attorney general of the United States after forcing the resignation of Jeff Sessions is unconstitutional. It’s illegal. And it means that anything Mr. Whitaker does, or tries to do, in that position is invalid,”
Who was the Attorney General during the Clinton administration?
According to the brief, the states have concluded that Mr. Whitaker’s appointment is illegal, ignores long-established vacancy succession laws, and is in violation of Congress’ clear designation of the Deputy Attorney General as the Acting Attorney General.
Who is the most recent US Attorney General to die?
Matt Whitaker's appointment as Acting Attorney General is statutorily illegal: Based on both a close textual reading and a purposive reading of the …
How is the Attorney General appointed?
They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President.
Can the president fire 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.
Does the attorney general need congressional approval?
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.
Does the US attorney general have to be approved by the 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.
Has a US attorney general ever been 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.
How is attorney general removed?
He 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.
What is John Durham's position?
Special Counsel for the United States Department of Justice since 2020John Durham / Office
Which of the following is a special requirement for the Attorney General?
The most common qualifications address minimum age, citizenship, residency, electoral status, and bar admission. Others prohibit the attorney general from holding multiple offices. Some states expressly prescribe these qualifications through their constitution or statute.Jun 25, 2010
What does the U.S. Attorney general investigate?
The attorney general, in essence, runs a large law firm with broad scope that includes investigating drug traffickers, Medicaid fraud and prescription drug abuse.Apr 24, 2016
How old is Merrick Garland?
69 years (November 13, 1952)Merrick Garland / Age
When the the US attorney general is absent or disabled and the deputy attorney general is also unavailable who is authorized to act in that office?
The tenor of section 508—which directly imbues the deputy attorney general with the authorities of the attorney general in the event of a vacancy, and further provides that the associate attorney general “shall” serve as acting attorney general if both the attorney general and the deputy are unavailable—suggests that ...Jul 29, 2017
Who is the current US Attorney General?
Merrick GarlandUnited States / Attorney generalMerrick Brian Garland is an American lawyer and jurist serving as the 86th United States attorney general since March 2021. He served as a circuit judge of the United States Court of Appeals for the District of Columbia Circuit from 1997 to 2021. Wikipedia
The Appointments Clause
The first and most powerful argument against Whitaker’s appointment is that the Constitution would seem to forbid it. Neal Katyal and George Conway made this argument in a Thursday New York Times op-ed, and it is appealingly straightforward. The Constitution’s Appointments Clause requires any “principal o…
Justice Department Succession Rules
- As I noted above, the Trump administration is relying on the FVRA to justify replacing Sessions with Whitaker. But there’s a fundamental problem with this interpretation: It’s debatable whether that law even applies here. The FVRA deals with Cabinet-level vacancies in general terms—but Congress has passed a more specific statute directly governing succession at the Department o…
Resignation vs. Termination
- There’s a final reason the FVRA might not apply in this situation. The law permits the president to temporarily replace an executive branch officer with a long-serving official in the agency or an individual who has already been confirmed by the Senate for another position. But this rule only kicks in when the officer “dies, resigns, or is otherwise unable to perform the functions and dutie…
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