Can the US Attorney General indict someone?
Asked by: Dr. Nickolas Murray MD | Last update: September 26, 2023Score: 4.9/5 (24 votes)
The United States Attorney is authorized to initiate prosecution by filing a complaint, requesting an indictment from the grand jury, and when permitted by law, by filing an information in any case which, in his or her judgment, warrants such action, other than those instances enumerated in JM 9-2.120.
Can the US Attorney General prosecute?
§ 547, the role of the United States Attorney is to: (1) prosecute criminal cases brought by the federal government; (2) prosecute or defend civil cases where the United States is a party; and (3) collect debts owed to the federal government when administrative agencies are unable to do so.
What are the powers of the US Attorney General?
The Attorney General represents the United States in legal matters generally and gives advice and opinions to the President and to the heads of the executive departments of the Government when so requested.
Can the state attorney general prosecute local cases?
The state Attorney General is authorized to undertake the role of a prosecuting officer only in specific cases when the county district attorney is disqualified from the case or when they clearly, without justification, fail to act.
Is the FBI under the Attorney General?
Within the U.S. Department of Justice, the FBI is responsible to the attorney general, and it reports its findings to U.S. Attorneys across the country. The FBI's intelligence activities are overseen by the Director of National Intelligence.
US Attorney General Merrick Garland responds to Donald Trump indictment
Is the U.S. Attorney General in charge of the DOJ?
The Department of Justice – or “DOJ” – is the agency responsible for enforcing the federal law of the United States. The Attorney General of the United States – appointed by the President and confirmed by the Senate – heads the DOJ with its more than 100,000 attorneys, special agents, and other staff.
Is the attorney general immune from prosecution?
Pachtman7 the Court held that "in initiating a prosecution and in presenting the State's case" a prosecutor is a quasi-judicial officer and thus absolutely immune from suit.
Which level of felony is the highest level of offense?
Federal felonies are divided into five categories: A, B, C, D and E. A crime that's a Class A federal felony is the worst, with a maximum prison term of life in prison and a maximum fine of $250,000.
Is the attorney general local or state?
As chief legal officers of the states, commonwealths, District of Columbia, and territories of the United States, the role of an attorney general is to serve as counselor to state government agencies and legislatures, and as a representative of the public interest.
How powerful is a US attorney?
As chief federal law enforcement officers, U.S. attorneys have authority over all federal law enforcement personnel within their districts and may direct them to engage, cease or assist in investigations.
Who can fire the Attorney General of the US?
Technically, no sitting President has ever fired an Attorney General they nominated to office with Senate approval. But President Trump clearly has the power to remove Sessions, based on the Constitution and past legal decisions. And most importantly, he can ask for his resignation.
Who protects the US Attorney General?
The FBI operates the protective detail for the attorney general of the United States and also others as requested by DOJ. The attorney general is the FBI's only permanent personal protective mission. In some limited ways, the FBI may also perform personal protection on high-profile witnesses or victims.
Is US Attorney General above the Supreme Court?
Attorney general offices therefore play an active role before the Supreme Court. Collectively, they are the second most active litigant before the Court, behind only the U.S. government.
Is the US Attorney General the chief law enforcement officer in the United States?
Attorney General Merrick B. Garland was sworn in as the 86th Attorney General of the United States on March 11, 2021. As the nation's chief law enforcement officer, Attorney General Garland leads the Justice Department's 115,000 employees, who work across the United States and in more than 50 countries worldwide.
Why do prosecutors sometimes choose not to prosecute criminal cases?
Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.
What's the least worst felony?
Felony convictions are often offenses that include an element of violence and are detrimental for the victims and society. Felonies are classified based on their severity and related punishments. In general, Class 1 felonies are the most serious, while Class 6 felonies are the least serious.
What is the lowest felony you can get?
For state felonies, the number for the lowest class felony is different state by state. So, for example, in some states, a 4th Degree felony is the lowest class felony, least serious type of felony offense that a defendant can face. A 4th Degree felony is also one step above the highest level misdemeanor in the state.
What is the highest criminal offense?
Three categories of criminal offenses were known at common law, treason, felony, and misdemeanor, with treason being the most serious type of crime and misdemeanor being the least serious.
Can a sitting president be charged with a crime?
The president of the United States enjoys absolute immunity from many lawsuits while in office; it is legally untested whether they also enjoy criminal immunity from arrest or prosecution. Neither civil nor criminal immunity is explicitly granted in the Constitution or any federal statute.
Can the attorney general fire a special prosecutor?
Firing the special counsel
The Attorney General may remove a Special Counsel for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause, including violation of Departmental policies.
Can you plead the fifth if you have immunity?
Lastly, a witness granted immunity may not “plead the fifth” at trial or before the grand jury, even if only protected by use and derivative use immunity. Kastigar v. United States, 406 U.S. 441 (1972).
How many US attorney generals are there?
In the order of creation, the position of attorney general was the fourth cabinet level position created by Congress, according to the U.S. Department of Justice. Attorneys general may be impeached and removed from office by Congress. As of 2013 the office of U.S. Attorney General has been held by eighty two people.
Is US Attorney the same as Attorney General?
The president appoints U.S. attorneys, who mainly serve as administrators. Assistant U.S. attorneys handle the bulk of the trial work. The U.S. attorney general, who is the chief law enforcement officer in the United States and the head of the Department of Justice, has supervisory responsibility over U.S. attorneys.