An attorney general serves as the top law enforcement and legal representative for their country’s government. Though their appointment and removal varies between nations, some common themes exist between all selection and removal processes for attorney generals.
An Attorney General being removed by a President is an unprecedented constitutional event; yet how is that done?
Qualifications
Constitution and laws in each State outline the qualifications needed for an attorney general in their state. Some have requirements that govern age, citizenship, residence, electoral status and bar admission; while other explicitly stipulate that at least five years’ law practice experience must be held prior to becoming Attorney General.
The Attorney General’s regulations further stipulate that good cause for removal includes violations of Departmental policies. Such policies include requirements that special counsel submit matters for review and approval or consult with him before undertaking certain investigative or prosecutorial actions, which are enforced with this power of good cause removal.
At the completion of a special counsel investigation, regulations mandate that the Attorney General provide to both chairs and ranking minority members of both Senate and House Judiciary Committees as well as make public an accounting of what facts were discovered as well as grounds for removal. Where necessary confidential sources must remain protected while interference with ongoing prosecutions cannot occur, some portions of this report may be redacted accordingly.
Resignation
Although selection processes differ between states, most Attorneys General are nominated by the President and approved by Congress. To be selected as Attorneys General they must hold a license to practice law as well as possess significant experience working within their country’s legal system; additionally they should possess high ethical standards and be of good moral character.
The Constitution gives Presidents the power to either fire their Attorney General or request their resignation, although this can often be a difficult process requiring extensive consultation between legislative and judicial branches. Presidents have, on several occasions, requested resignation of attorneys general such as Harry Truman asking Howard McGrath resign after firing an investigator into political corruption and President Lyndon Johnson asking Elliot Richardson resign after refusing to fire Watergate special prosecutor Archibald Cox.
Additionally, the Attorney General must submit to Congress an annual report detailing their activities – including any criminal or misdemeanor activities that have taken place – while division of court shall make these reports publicly available in compliance with section 594(h)(1)(B). Committees on Judiciary in both Houses can release these reports unless it would interfere with ongoing prosecutions or threaten individual’s rights in some way.
Impeachment
The Constitution gives Congress the ability to impeach federal officials, with trial before the Senate taking place to determine their guilt or innocence. This power was included as part of a system of checks and balances intended to ensure government accountability.
An attorney general may be impeached if she engages in serious misconduct, such as lying under oath or violating the Constitution. A successful impeachment trial requires both houses of congress and Senate approval before convicting an official for crimes alleged – conviction can result in removal from office as well as disqualification from future public office positions.
Starting an impeachment investigation requires House members submitting a resolution seeking authorization by passing it with a majority vote. After approval of this resolution, the House Judiciary Committee conducts its investigation and prepares articles of impeachment; then the full House votes on them during an official trial with a Senate presiding officer acting as judge while witnesses give testimony before making their final verdicts known.