PR EDA : 572-335-4994
Attorney generals serve as the top lawyer in their respective governments, often elected through statewide elections, to act as high-level representatives of the United States.
Attorneys general swear an oath to faithfully execute laws passed by Congress and signed into law by the president, so any who violate their oath have acted against democracy, self-government, and rule of law.
As head of the Department of Justice and key member of the president’s cabinet, the attorney general oversees a range of legal issues for government. S/he prosecutes cases on behalf of federal government and provides legal advice and counsel when needed by president and other top members of executive branch. There is no term limit in place and they can be removed at any time by Congress at any time for any reason; impeachment proceedings against an incumbent Attorney General are initiated under constitutional requirements for “high crimes and misdemeanors”.
Though attorneys general are not exempt from impeachment proceedings, such proceedings are fairly rare in the U.S. House has only impeached 18 federal officials over time and one state official in this century alone. Furthermore, several have resigned amid scandal or controversy; Alberto Gonzales quit following political pressure that forced him to fire several U.S. attorneys for political reasons while John Crittenden left President John Tyler’s cabinet after disagreement over whether to pursue pro-Whig agenda initiatives.
On Saturday, the Texas House voted to impeach Paxton on 20 articles of impeachment and has suspended him while his case goes through Senate trials. A trial would determine if attorney general committed impeachable offenses such as abuse of power or breach of trust; for him to be removed from office a majority vote from senators would need to vote in his conviction.
As part of an impeachment trial, specific members from both Houses act as prosecutors while the entire Senate acts as judges; its president oversees proceedings while impeachment managers are assigned by that president to gather and present evidence during trial proceedings.
While calls have arisen for William Barr to be impeached over his handling of Robert Mueller’s report, experts maintain it would be extremely challenging to remove him from office. Michael Gerhardt from constitutional law professor, described impeachment of an AG as “almost as hard as impeaching a President,” explaining it’s more challenging because unlike with an election-bound president there aren’t elections serving as checks and balances on an AG like there would be with president.
The President has the ability to dismiss anyone serving in their Cabinet, including the Attorney General. Although subsequent court rulings have limited this power somewhat with regard to officials outside of Cabinet membership, few question that a president can remove the Attorney General or any other Cabinet member at will.
As head of the Department of Justice, the Attorney General oversees all law-related aspects for the federal government. That means enforcing federal laws, providing legal advice to executive departments, prosecuting alleged criminals and overseeing federal jails and penal institutions. Furthermore, they interpret law and represent their country before the Supreme Court for cases that are of exceptional significance.
Because the Attorney General is appointed at the discretion of the President, their position can become mired in controversy and personal conflicts quickly. Many former Attorneys General have left office amid scandal; for example, Harry Truman asked Howard McGrath to resign after he fired special prosecutors without first consulting with him; Robert F. Kennedy intervened heavily in presidential medical decisions, leading him to be called by some the “uber Cabinet member”.
Though modern Presidents may find it hard to imagine firing their Attorney General, past administrations have found this position controversial. President Carter encouraged Griffin Bell, his Attorney General during the 1980s administration, to propose legislation limiting the President’s power of removal over him; Bell declined on constitutional grounds and so President Carter encouraged another candidate to do the same thing.
Myers v. United States saw the Supreme Court uphold removal powers while also restricting Presidents’ ability to dismiss Cabinet officers on “good cause.” Congress could restrict how often certain officials could be removed by Attorney General but couldn’t entirely prohibit Presidents from exercising their removal powers; thus leading to what has become known as the Good Cause rule – although over time its interpretation may vary considerably. This principle remains intact today, with different ways in which it has been applied by individual judges over time.
The Attorney General serves as an important member of Cabinet and, as head of the Department of Justice, serves as one of the nation’s chief law enforcement and legal advisors. Their duties may include upholding federal laws and providing legal advice in federal cases; overseeing federal prisons and penal institutions; investigating any suspected violations of federal laws and possibly even representing national interests before the Supreme Court.
Constitutionally, the executive branch, including the Attorney General, is charged with upholding laws passed by Congress and signed into law by the President in an honest fashion. Attorney General Garland has broken this fundamental promise, using his office and oath as tools of political persecution against anyone questioning or opposing his current regime.
As such, the Attorney General has demonstrated conduct that is fundamentally antithetical to democracy, self-governance and the rule of law; hence he warrants impeachment, trial and removal from office.
Though Presidents have broad powers to remove executive branch officials, legal scholars believe there are clear constitutional limits. For instance, in Myers v. United States the Supreme Court struck down a law which involved Senate in Postmaster removal while leaving intact a general rule which gives Presidents authority to dismiss independent regulatory agencies with “good cause” without going through Senate vetting procedures.
State attorneys general, elected by their constituents and serving at the pleasure of the governor, can challenge the constitutionality of laws passed by their legislatures. Indiana, Kentucky, Montana and Washington filed suit challenging a federal law prohibiting abortions in their states as violating First Amendment protection of free speech.
Ohio Attorney General Dave Yost has led a coalition of 16 other attorneys general in filing an amicus brief with the U.S. Court of Appeals for the 11th Circuit to support states’ rights to protect their constitutional systems against local prosecutors who place politics ahead of upholding law by promising not to enforce laws they dislike.
The Attorney General is the primary law enforcement official of the United States and serves as a member of Cabinet. They oversee federal laws and policies, prosecute major cases on behalf of government, advise executive departments, head federal jails and prisons, investigate potential lawbreaking, investigate alleged violations of law violations and may appear before Supreme Court to defend laws that require their attention. They lead a Department of Justice which includes numerous offices that implement law and policies throughout America.
The President enjoys broad discretion when selecting members of his Cabinet. Article II, Section 2 vests the Executive Power in him/her in accordance with Article VI, Section 2. A 1926 Supreme Court Decision indicated that this power rested solely with him/her to remove executive branch officials; while subsequent legal decisions have limited some aspects of this authority for certain Cabinet Officers; this power cannot be denied for Attorney General removal by him/her.
Historically, the Attorney General has served as a check on presidential power and been filled with people who uphold and promote Constitutional values. Unfortunately, today we have an Attorney General who appears willing to do whatever he or she thinks will protect his job and protect President from inquiries into their actions.
Therefore, Congress should investigate how the Attorney General has performed his duties and take measures to ensure he can discharge them freely and independently of White House and political influence. We advise taking all appropriate steps against him for abusing his office.
William Barr has failed the American people, disgraced his office, and should no longer serve as U.S. Attorney General. We urge you to initiate the process of impeachment against him immediately – otherwise another AG who puts his personal interests above those of American citizens will take their place.