The United States Attorney General (A.G.) is the head of the United States Department of Justice per 28 U.S.C. § 503, concerned with all legal affairs, and is the chief lawyer of the United States government. In cases of the federal death penalty, the power to seek the death penalty rests with the Attorney General.
Under the Appointments Clause of the Constitution, the Attorney General is nominated by the President and appointed with the advice and consent of the Senate. The Constitution provides that civil officers of the United States, which would include the Attorney General, may be impeached by Congress for treason, bribery, or "high crimes and misdemeanors". The Attorney General may be removed at will by the President under the Supreme Court decision Myers v. United States, which found that the President may remove executive branch officials without the consent of the Senate or any other entity. The common law further suggests that the President has the power to remove an official engaged in purely executive functions or an official whose duties immediately affect the President's ability to fulfill his constitutional responsibilities, (Bowsher v. Synar, 1986).
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History
Congress passed the Judiciary Act of 1789 which, besides other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his or her advice and opinion upon questions of law when required by the President of the United States, or when requested by the heads of any of the departments."
The Department of Justice was established in 1870 to support the Attorney General in the discharge of their responsibilities.
The Attorney General, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defense are generally regarded as the four most important cabinet officials in the United States because of the importance and age of their respective departments.
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Presidential transition
It is the practice for the Attorney General, along with many other public officials, to give resignation with effect on the Inauguration Day (January 20) of a new President. The Deputy Attorney General, who is also required to tender their resignation, is commonly requested to stay on and act as Attorney General pending the confirmation by the Senate of the new Attorney General.
For example, on the inauguration of President Donald Trump on January, 20, 2017, the tenure of the then Attorney General Loretta Lynch was brought to an end, and the Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on and be Acting Attorney General until the confirmation of the new Attorney General Jeff Sessions, who had been nominated for the office in November 2016 by then-President-elect Donald Trump.
List of Attorneys General
- Parties
No party (1) Federalist (3) Democratic-Republican (5) Democratic (34) Whig (4) Republican (38)
- Status
Living former U.S. Attorneys General
As of August 2018, there are eleven, living former US Attorneys General, the oldest being Ramsey Clark (served 1967-1969, born 1927). The most recent Attorney General to die was Janet Reno (served 1993-2001, born 1938) on November 7, 2016.
Line of succession
U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the Attorney General to designate other high-ranking officers of the Department of Justice as subsequent successors. Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. The current line of succession is:
- United States Deputy Attorney General
- United States Associate Attorney General
- Other Officers potentially designated by the Attorney General (in no particular order):
- Solicitor General of the United States
- 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, Environment and Natural Resources Division
- Assistant Attorney General, Justice Management Division
- Assistant Attorney General, Tax Division
- Assistant Attorney General, Office of Justice Programs
- Assistant Attorney General, Office of Legal Counsel
- Assistant Attorney General, Office of Legal Policy
- Assistant Attorney General, Office of Legislative Affairs
- United States Attorney for the Eastern District of Virginia
- United States Attorney for the Eastern District of North Carolina
- United States Attorney for the Northern District of Texas
See also
- Subpoena duces tecum
- Subpoena ad testificandum
- United States Deputy Attorney General
- United States Associate Attorney General
- United States Assistant Attorney General
- United States Solicitor General
- List of living former members of the United States Cabinet
- Executive Order 13787 for "Providing an Order of Succession Within the Department of Justice"
Notes
- 1 Nicholas Katzenbach (1964-1965), Ramsey Clark (1966-1967) and William P. Barr (1991) served as acting attorney general in their capacity as deputy attorney general, until their own appointment as attorney general.
- 2 Richard L. Thornburgh (1977) and Eric Holder (2001) served as acting attorney general in their capacity as deputy attorney general, until the appointment of a new attorney general. Both subsequently served as attorney general, Thornburgh 1988-1991 and Holder 2009-2015.
- 3 On October 20, 1973, Solicitor General Robert Bork became acting attorney general following the "Saturday Night Massacre", in which U.S. Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus both resigned.
- 4 Assistant Attorney General for the DOJ Civil Division Stuart M. Gerson was acting attorney general from January 20, 1993, to March 12, 1993. Gerson was fourth in the line of succession at the Justice Department (other senior DOJ officials had already resigned). During his time as Acting AG, Gerson supported the Brady bill and was in office in the beginnings of the Waco siege. Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12, and he resigned the same day. Acting Attorney General Gerson's last day at the Justice Department was March 19.
- 5 On August 27, 2007, President Bush named Solicitor General Paul Clement as the future acting attorney general, to take office upon the resignation of Alberto Gonzales, effective September 17, 2007. According to administration officials, Clement took that office at 12:01 am September 17, 2007, and left office 24 hours later. On September 17, President Bush announced that Assistant Attorney General for the DOJ Civil Division Peter Keisler would become acting attorney general, pending a permanent appointment of a presidential nominee. Keisler served as acting attorney general until the nomination of Michael Mukasey on November 9, 2007.
- 6 Deputy Attorney General Mark Filip was asked to assume the position of acting attorney general by then President-elect Obama. Filip led the Department while President Obama's nominee, then Attorney-General Designate Eric Holder, awaited confirmation by the United States Senate. Holder was confirmed on February 2, 2009, and sworn in the next day, thus ending Filip's tenure as the acting attorney general.
References
External links
- Official website
Source of the article : Wikipedia
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