A lawyer writing for the Office of Legal Counsel noted in 1979 that judges with oversight over cases having the power to fire prosecutors could violate constitutional protections and be used as leverage against cases.
Appointing and dismissing an attorney general varies by state, so here’s how the process works in each one.
Appointment
The Attorney General serves as the principal law enforcement official of the United States. Nominated by the President, and appointed with full power by him/herself. Depending upon reasonable grounds for removal by said President.
The selection process for attorney general positions varies by state. Oftentimes, Governors or other executive branch officials appoint individuals to fill this position before it must be confirmed by legislative bodies.
Though there may be exceptions, an Attorney General must typically be a practicing lawyer with experience working within the legal system. Furthermore, their nominee must have good relationships with members from both parties – nominating someone close to President could open him/her up to allegations of nepotism and bias from opposing groups; nominating an close ally may not instill trust within DOJ and can cause morale problems within department as well as diminish effectiveness of Attorney General.
Impeachment
Constitutionally, Presidents may remove an Attorney General by impeachment if they find evidence of “high crimes and misdemeanors.” However, it is extremely rare for such an appointment to occur.
The League of Women Voters believes that all branches of government should work collaboratively to ensure accountability and transparency for American citizens.
If the legislature of a state decides to impeach an attorney general, either the governor or lieutenant governor will present articles of impeachment to the Senate for consideration and trial by senators to determine whether that official should be removed from office.
Texas Attorney General Ken Paxton was impeached after lawmakers voted to impeach him on multiple counts including accepting bribes, abusing his position and obstructing justice. A trial is scheduled before the Senate; should two-thirds vote to convict on all counts, Paxton will be removed permanently from office.
Resignation
When a state attorney general resigns, the process for finding their replacement varies between states. Most have provisions in which their governor or another official of executive branch appoints someone in this capacity; federally however, President appoints it. While duties and responsibilities of an attorney general vary widely among each jurisdiction, their role can often be seen as extremely vital and influential.
Cheung’s departure follows in the wake of multiple resignations among career Justice Department officials. Heads of public integrity and money laundering sections as well as a senior staff lawyer all quit in protest over Trump’s efforts to utilize the Department as a political weapon against political rivals.
They believe that their oath to “uphold and defend” the Constitution and laws does not require them to obey orders they find illegal or immoral, as President Ulysses Grant demanded of Ebenezer Hoar in 1870, while Calvin Coolidge demanded Amos Akerman after the Teapot Dome scandal. This phenomenon isn’t unprecedented either: President Ulysses Grant forced Hoar’s resignation while President Calvin Coolidge demanded the same of Akerman after Teapot Dome scandal. This action wasn’t unprecedented either: President Ulysses Grant demanded his Attorney General Ebenezer Hoar’s resignation while President Calvin Coolidge sought Akerman’s resignation following Teapot Dome scandal.
Removal
Even though the attorney general is generally considered independent of government, she can still be dismissed through a government resolution and consultation with public-professional committee. Any attempt by Netanyahu’s government at dismissal at this time would be invalid and illegal.
Presidents have used their executive powers to use Attorney Generals as tools of political revenge. President Nixon made history when he fired Elliot Richardson due to the Watergate scandal; Richardson’s removal set a precedent that gave future presidents power to remove Attorney Generals for political reasons.
Appointment and removal processes vary between states, but typically an attorney general is appointed by either their governor or another executive branch official. When it comes time to remove them from office, there will usually be some form of consultation with both legislative and/or judicial branches before any decision is made on removal proceedings.