Providing an Order of Succession Within the Department of Justice | |
Type | Executive order |
---|---|
Executive Order number | 13775 |
Signed by | Donald Trump on February 9, 2017 |
Federal Register details | |
Federal Register document number | 2017-03116 |
Publication date | February 14, 2017 |
Document citation | 10697 |
Summary | |
Changes the line of succession for the Department of Justice |
Executive Order 13775 is the eleventh executive order signed by U.S. President Donald Trump. Signed on February 9, 2017, the order changes the line of succession for the Department of Justice (DOJ). This order specifically reverses changes made to the DOJ line of succession that former President Barack Obama made in executive order 13762.
On January 13, 2017, during the Presidential transition of Donald Trump, then President Obama issued executive order 13762. [1] This order changed the Department of Justice line of succession to the following:
Notably, this order removed the United States Attorney for the Eastern District of Virginia from the fourth position in the line.
Following the resignation of Attorney General Loretta Lynch at the end of the presidential transition, Deputy Attorney General Sally Yates ascended to the position of Acting Attorney General, a position she would presumably retain until the confirmation of Jeff Sessions, who was Donald Trump's nomination for the position. [2]
On January 27, 2017, Trump signed Executive Order 13769, which placed limits on travel to the U.S. from certain countries, and by all refugees. [3] This provoked several lawsuits, including Washington v. Trump , that sought to challenge the constitutionality of the order. On January 30, Yates publicly refused to defend the order, and also barred all other DOJ personnel from defending the order as well. [4] Later that day Yates was fired for insubordination and the United States Attorney for the Eastern District of Virginia, Dana Boente, was appointed to the position of Acting Attorney General. [5] [6] [7]
On February 9 Trump issued Executive Order 13775 which changed the DOJ's order of succession. This order designated the United States Attorney for the Eastern District of Virginia as the fourth position in the line, the position it formerly occupied.
This Executive Order was revoked on March 31, 2017. [8]
The executive order is broken down into four sections:
The United States attorney general (AG) is the head of the United States Department of Justice (DOJ) and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the president of the United States on all legal matters. The attorney general is a statutory member of the Cabinet of the United States.
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that supports the attorney general in their role as legal adviser to the president and all executive branch agencies. It drafts legal opinions of the attorney general and provides its own written opinions and other advice in response to requests from the counsel to the president, the various agencies of the executive branch, and other components of the Department of Justice. The office reviews and comments on the constitutionality of pending legislation. The office reviews any executive orders and substantive proclamations for legality if the president proposes them. All proposed orders of the attorney general and regulations that require the attorney general's approval are reviewed. It also performs a variety of special assignments referred by the attorney general or the deputy attorney general.
The director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation, a United States federal law enforcement agency, and is responsible for its day-to-day operations. The FBI director is appointed for a single 10-year term by the president of the United States and confirmed by the Senate. The FBI is an agency within the Department of Justice (DOJ), and thus the director reports to the attorney general of the United States.
Dana James Boente ( Bent-Ë) is an American attorney who served as General Counsel of the FBI from January 2018 to 2020, United States Attorney for the Eastern District of Virginia from September 2013 to January 2018, and as the Acting United States Attorney General from January to February 2017. He also served as acting assistant attorney general for the National Security Division of the United States Department of Justice. On October 27, 2017, Boente announced he would resign from the Department of Justice after a successor is in place. On January 23, 2018, Boente was named general counsel to the FBI by the director Christopher A. Wray, filling the vacancy after James Baker's reassignment to another part of the bureau.
Sally Quillian Yates is an American lawyer. From 2010 to 2015, she was United States Attorney for the Northern District of Georgia. In 2015, she was appointed United States Deputy Attorney General by President Barack Obama. Following the inauguration of President Donald Trump and the departure of Attorney General Loretta Lynch on January 20, 2017, Yates served as Acting Attorney General for 10 days.
Donald Trump assumed office as president of the United States on January 20, 2017, and his term ended on January 20, 2021. The president has the authority to nominate members of his Cabinet to the United States Senate for confirmation under the Appointments Clause of the United States Constitution.
The first 100 days of the Donald Trump presidency began on January 20, 2017, the day Donald Trump was inaugurated as the 45th president of the United States. The first 100 days of a presidential term took on symbolic significance during Franklin D. Roosevelt's first term in office, and the period is considered a benchmark to measure the early success of a president. The 100th day of his presidency ended on April 30, 2017.
Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, allegedly labeled the "Muslim ban" by Donald Trump and his supporters and critics alike, and commonly known as such, or commonly referred to as the Muslim travel ban, Trump travel ban, the Trump Muslim travel ban, or the Trump Muslim Immigration Ban, was an executive order by President Trump. Except for the extent to which it was blocked by various courts, it was in effect from January 27, 2017, until March 6, 2017, when it was superseded by Executive Order 13780, a second order sharing the title "Protecting the Nation from Foreign Terrorist Entry into the United States".
Executive Order 13769 was signed by U.S. President Donald Trump on January 27, 2017, and quickly became the subject of legal challenges in the federal courts of the United States. The order sought to restrict travel from seven Muslim majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. The plaintiffs challenging the order argued that it contravened the United States Constitution, federal statutes, or both. On March 16, 2017, Executive Order 13769 was superseded by Executive Order 13780, which took legal objections into account and removed Iraq from affected countries. Then on September 24, 2017, Executive Order 13780 was superseded by Presidential Proclamation 9645 which is aimed at more permanently establishing travel restrictions on those countries except Sudan, while adding North Korea and Venezuela which had not previously been included.
Johnny DeStefano is an American political advisor who served as Assistant to President Donald Trump and Counselor to the President from 2017 to May 2019. He previously oversaw the Office of Intergovernmental Affairs, White House Presidential Personnel Office, Office of Political Affairs, and Office of Public Liaison. DeStefano entered the Trump administration as Director of Presidential Personnel. After leaving the White House, DeStefano was appointed an adviser to the e-cigarette company Juul.
State of Washington and State of Minnesota v. Trump, 847 F.3d 1151, was a lawsuit that challenged the constitutionality of Executive Order 13769, issued by U.S. president Donald Trump.
Steven Andrew Engel is an American lawyer. He served as the United States assistant attorney general for the Office of Legal Counsel in the first Trump administration. Engel, who previously worked in the George W. Bush administration as deputy assistant attorney general in the Office of Legal Counsel, was nominated by President Donald Trump on January 31, 2017, and confirmed on November 7, 2017.
Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. by nationals of Iran, Libya, Somalia, Sudan, Syria and Yemen, and barred entry for all refugees who did not possess either a visa or valid travel documents for 120 days. This executive order—sometimes called "Travel Ban 2.0"—revoked and replaced Executive Order 13769 issued on January 27, 2017.
Noel John Francisco is an American lawyer who served as Solicitor General of the United States from 2017 to 2020. He was the first Asian American confirmed by the United States Senate to hold the position. Francisco is now a partner at the law firm Jones Day.
Jeffrey Adam Rosen is an American lawyer who served as acting United States attorney general from December 2020 to January 2021 and as United States deputy attorney general from 2019 to 2020. Before joining the Department of Justice, he was a senior partner at the law firm Kirkland & Ellis and was the United States deputy secretary of transportation.
Curtis E. Gannon is an American lawyer. He is a Deputy Solicitor General, a career position, in the Office of the Solicitor General of the United States. He previously served as the Principal Deputy Assistant Attorney General for the Office of Legal Counsel of the United States Department of Justice. He was appointed to this position on 20 January 2017 by President Donald Trump.
Trump v. Hawaii, No. 17-965, 585 U.S. ___ (2018), was a landmark United States Supreme Court case involving Presidential Proclamation 9645 signed by President Donald Trump, which restricted travel into the United States by people from several nations, or by refugees without valid travel documents. Hawaii and several other states and groups challenged the Proclamation and two predecessor executive orders also issued by Trump on statutory and constitutional grounds. Citing a variety of statements by Trump and administration officials, they argued that the proclamation and its predecessor orders were motivated by anti-Muslim animus.
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