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Each state elects an attorney general who serves for an unlimited term. This individual advises the executive branch and brings certain prosecutions.
General rules dictate that special prosecutors can only be removed for “good cause.” To prevent abuses, regulations require that the Attorney General promptly provide committees of both houses of Congress with a report outlining any facts found and potential grounds for removal.
The Attorney General (AG) is an appointment made by the president that requires Senate confirmation for confirmation. They serve as law enforcement leaders of the US and head up the Department of Justice. A president may fire their AG if they do not like or believe they are performing their job effectively.
Removing an attorney general is much harder than impeaching Supreme Court justices or Congress members due to the requirement that impeachment requires support from at least 50 percent of senators in both houses of congress.
Myers did not withstand Humphrey, although other factors have had an influence in some attorney general removals – for instance President Ulysses Grant requested Ebenezer Hoar resign in 1870, and when it became known that McGrath had fired an FBI director on political grounds President Harry Truman asked McGrath for his resignation as well.
Presidents appoint an attorney general, but that person can be removed by the Senate. Acting as both judge and jury, two-thirds of members must vote to support articles of impeachment to remove someone from office. All Senate members serve as court for impeachments but a member’s spouses cannot vote or attend behind-closed-door deliberations sessions.
The Constitution grants the Senate with unique powers that allow it to play an essential role in keeping other elements of government in check, including being able to provide advice and consent on certain federal appointments, try impeachments, and elect vice president if no candidate wins majority electoral votes. Additionally, its officers include secretaries and assistant secretaries responsible for keeping public records organized, disbursing salaries accordingly and overseeing procurement of supplies/stationery as well as overseeing clerks.
Texas attorney general Ken Paxton’s impeachment trial centers on corruption allegations related to his dealings with Austin real estate developer Nate Paul, including aiding him in fighting a tax audit by hiring the woman he had an affair with and paying for costly home renovations. When his top deputies reported this scandal against him, an independent prosecutor was assigned as well.
The Attorney General (AG) serves as the nation’s chief law enforcement official and serves as an appointed cabinet-level position within the United States government. Their nomination and confirmation by both houses must be approved prior to their taking up their role; unlike most cabinet members however, an AG can be removed by Congress at any time.
NPR congressional correspondent Deirdre Walsh reports that the House Judiciary Committee voted today to move forward with their attempt to hold Attorney General Eric Holder in contempt for refusing to share audio recordings from Robert Hur’s interviews with President Biden. A hearing will take place later today.
Missouri Attorney General Andrew Bailey joined a coalition of 15 other attorneys general in filing an amicus brief in this case, contending that an appeals court ruling against them would hinder states’ abilities to protect their constitutions from local prosecutors who pledge not to enforce laws they don’t like – effectively acting as a veto power over lawfully passed legislation. They further contend that the First Amendment does not limit their ability to remove prosecutors who violate statutory duties.
Presidents could fire Attorneys General they nominated with Senate approval, though doing so would be highly risky. Courts are usually the only means of removal; Federal judges on the other hand are generally given life tenure and cannot be dismissed without going through a lengthy impeachment and conviction process.
The Attorney General can hire staff and implement personnel practices, but Congress often scrutinizes these decisions. For example, in 1994 they included in the Independent Counsel Act an exception that states a violation of departmental policies could constitute grounds for removal.
For decades, state attorney general offices were seen as bureaucratic workhorses responsible for collecting child support payments and defending states when sued. Sometimes working together with other states on consumer protection and environmental issues. Now these offices have become symbols for conservative legal movements and it is crucial that they continue fulfilling their constitutional roles of protecting the Constitution while protecting people of America.