The United States Attorney General ( AG ) is the head of the US Department of Justice per 28 USC Ã,§Ã, 503, concerned with all legal matters, and is the head of government lawyers United States of America. In the case of a federal death sentence, the power to seek execution is with the Attorney General.
Under Article II Sec. 2 of the Constitutional Prosecutor General was nominated by the President and appointed with the advice and approval of the Congress. The Constitution is clear that the Attorney General may be dismissed by Congress. As to whether the Attorney General can be easily abolished by the President, no provision of the Constitution gives this power. The judgment law indicates that the President has the power to remove an official involved in the pure executive function or an official whose duties immediately affect the President's ability to fulfill his constitutional responsibilities, ( Bowsher v. Synar , 1986) or there is no guidance as to whether the Attorney General's Office is included in this general guideline.
Video United States Attorney General
History
Congress passed the 1789 Justice Law which, in addition, established the Office of the General Prosecutor. The original duty of this officer was "to try and do all the demands in the Supreme Court where the United States should be concerned, and to give advice and opinion on legal questions when asked by the President of the United States, or when requested by any head of department."
The Department of Justice was established in 1870 to support the Attorney General in carrying out their responsibilities.
The Attorney General, the Secretary of State, the Minister of Finance, and the Minister of Defense are generally regarded as the four most important cabinet officials in the United States because of the interests and age of their respective departments.
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Presidency transitions
This is the practice for the Attorney General, along with many other public officials, to provide for the resignation that applies on the Inauguration Day (20 January) of the new President. The Deputy General Prosecutor, who was also asked to submit their resignation, is usually asked to stay and act as the Attorney General while awaiting confirmation by the new Senate from the new Attorney General.
For example, at the inauguration of President Donald Trump on 20 January 2017, the term of Attorney General Loretta Lynch was terminated, and Deputy Attorney General Sally Yates, who had also submitted his resignation, was required to remain and be the Attorney General's Office until Jeff Attorney's new confirmation Sessions, who was nominated for the post in November 2016 by the elected President, Donald Trump. However, Yates was dismissed by Trump on January 30, 2017 before the Session was confirmed. Dana Boente automatically replaces Yates as Acting Prosecutor as the next successor available on the line of succession. Boente, who is the US Attorney for the Eastern District of Virginia, is the most senior Justice Department official whose resignation was not accepted by Trump. When the Sessions were confirmed and sworn in as Attorney General on 9 February 2017, Boente became Acting Deputy Attorney General. On March 10, 2017, the Session oversaw the shooting of 46 United States Lawyers, leaving only his deputy, Dana Boente and nominated Deputy Rod Rosenstein in place. Rosenstein's appointment was subject to Senate confirmation. Rosenstein was confirmed on April 25, 2017 and became Deputy Attorney General on April 26, 2017, and Boente returned to his permanent position.
List of Common Lawyers
- Parties
Ã, Ã, No party (1) Ã, Federalist (3) Ã, Democratic-Republican (5) Ã, Ã, Democratic (34) Ã, Ã, Whig (4) Ã, Ã, Republic (38)
- Status
Living the former US Attorney
In June 2018, there was eleven, living former US Attorney General, the oldest was Ramsey Clark (1967-1969, born 1927). The most recent Attorney General to die is Janet Reno (serving 1993-2001, born 1938) on November 7, 2016.
Succession path
On February 9, 2017, President Donald Trump signed an Executive Order that changed the line of succession to the Attorney General. Under Executive Order 13762 signed by President Obama on January 13, 2017, before leaving the office, the line of succession is:
- Deputy Attorney General of the United States
- United States Attorney General
- Other officers potentially appointed by the Attorney General (in no particular order):
- United States Public Attorney
- Assistant Attorney General, Antitrust Division
- Assistant Attorney General, Civil Division
- Assistant Attorney General, Civil Rights Division
- Assistant Attorney General, Criminal Division
- Assistant Attorney General, National Security Division
- Assistant Attorney General, Division of Environment and Natural Resources
- Assistant Attorney General, Justice Management Division
- Assistant Attorney General, Tax Division
- Assistant Attorney General, Office of Justice Programs
- Assistant Attorney General, Office of the Legal Advisor
- Assistant Attorney General, Office of Legal Policy
- Assistant Attorney General, Office of Legislative Affairs
- US Attorney for the Eastern District of Virginia
- United States Attorney for Eastern District of North Carolina
- US Attorney for the Northern District of Texas
See also
- Subpoena cheats tecum
- Subpoena ad testificandum
- United States Deputy Attorney General
- United States Attorney General
- Assistant US Attorney General
- United States Public Attorney
- A list of former members of the surviving United States Cabinet
- Executive Order 13557 for "Order of Succession within Ministry of Justice"
Note
- 1 Nicholas Katzenbach (1964-1965), Ramsey Clark (1966-1967) and William P. Barr (1991) served as acting prosecutor in their capacity as deputy attorney general, to their own appointment as the attorney general. Richard L. Thornburgh (1977) and Eric Holder (2001) acted as the attorney general in capacity as deputy attorney general, to the appointment of the new attorney general. The two then served as Attorney General, Thornburgh 1988-1991 and Holders 2009-2015.
- 3 On October 20, 1973, Public Defender Robert Bork became acting general after the "Saturday Night Murder" where US Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus resigned.
- 4 Assistant Attorney General for Civil Division DOJ Stuart M. Gerson acted public prosecutor from January 20, 1993, until March 12, 1993. Gerson was fourth in the line of succession at the Department of Justice (other senior DOJ officials have resigned). During his tenure as AG Officer, Gerson supported the Brady Bill and was in office at the start of the Waco siege. Janet Reno, President Clinton's candidate for attorney general, was confirmed on March 12, and she resigned the same day. Acting Prosecutor General Gerson last day at the Justice Department is March 19th.
- 5 On August 27, 2007, President Bush named General Lawyer Paul Clement as the attorney general of the future, to take up the post of Alberto Gonzales's resignation effective September 17, 2007. According to government officials, Clement took office at 12: 01-17 September 2007, and left the office 24 hours later. On September 17, President Bush announced that Assistant Attorney General for Civil Division DOJ Peter Keisler would be the attorney general, pending the permanent appointment of the presidential candidate. Keisler served as acting prosecutor until the nomination of Michael Mukasey on November 9, 2007.
- 6 Deputy Attorney General Mark Filip was asked to take the position of Attorney General's acting at that time President-elect Obama. Filip leads the interim Department of President Obama's candidate, then the Attorney General Referes to Eric's Holder, awaiting confirmation by the United States Senate. The holder was confirmed on 2 February 2009, and inaugurated the following day, ending his term as a public prosecutor.
References
External links
- Official website
Source of the article : Wikipedia
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