United States Attorney General

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United States Attorney General
Seal of the United States Department of Justice.svg
Seal of the Department of Justice
Flag of the United States Attorney General.svg
Flag of the United States attorney general
Attorney General Merrick Garland.jpg
Incumbent
Merrick Garland
since March 11, 2021
United States Department of Justice
Style Mr. Attorney General (informal)
The Honorable (formal)
Member of Cabinet
National Security Council
Homeland Security Council
Reports to President
Seat Robert F. Kennedy Department of Justice Building
Washington, D.C.
Appointer President
with Senate advice and consent
Term length No fixed term
Constituting instrument 28 U.S.C.   § 503
FormationSeptember 26, 1789
First holder Edmund Randolph
Succession Seventh [1]
Deputy Deputy Attorney General
Salary Executive Schedule, Level I [2]
Website www.justice.gov/ag

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.

Contents

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputies.

Merrick Garland has been the United States attorney general since March 11, 2021. [3] [4]

On November 21, 2024, President-elect Donald Trump named former Florida attorney general Pam Bondi as his nominee to run the Justice Department. [5]

Name

The title, "attorney general" is an example of a noun (attorney) followed by a postpositive adjective (general). [6] "General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military). [6] Even though the attorney general (and the similarly titled solicitor general) is occasionally referred to as "General" or "General [last name]" by senior government officials, this is considered incorrect in standard American English usage. [6] [7] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals". [7]

History

Seal of the Department of Justice Seal of the United States Department of Justice.svg
Seal of the Department of Justice

Congress passed the Judiciary Act of 1789 which, among other things, established the Office of the Attorney General. The original duties of this officer were "to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and to give his advice and opinion upon questions of law when required by the president of the United States, or when requested by the heads of any of the departments". [8] Some of these duties have since been transferred to the United States solicitor general and the White House counsel.

The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.

The secretary of state, the secretary of the treasury, the secretary of defense, and the attorney general are regarded as the four most important Cabinet officials in the United States because of the size and importance of their respective departments. [9]

Attorney General is a Level I position in the Executive Schedule, [2] thus earning a salary of US$221,400, as of January 2021. [10]

Presidential transition

It is the practice for the attorney general, along with the other Cabinet secretaries and high-level political appointees of the president, to tender a resignation with effect on the Inauguration Day (January 20) of a new president. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general until the confirmation of the new attorney general Jeff Sessions, who had been nominated for the office in November 2016 by then-President-elect Donald Trump. [11] [a]

List of attorneys general

Flag of the United States attorney general Flag of the United States Attorney General.svg
Flag of the United States attorney general

Parties

   Federalist (4)    Democratic-Republican (5)    Democratic (34)    Whig (4)    Republican (40)

Status

  Denotes service as acting attorneys general before appointment or after resignation
No.PortraitNameState of residenceTook officeLeft office President(s)
1 EdRand.jpg Edmund Randolph Virginia September 26, 1789January 26, 1794 George Washington
(1789–1797)
2 William Bradford, AG.jpg William Bradford Pennsylvania January 27, 1794August 23, 1795
3 Charles Lee, AG.png Charles Lee Virginia December 10, 1795February 19, 1801
John Adams
(1797–1801)
4 Levi Lincoln, Sr.jpg Levi Lincoln Sr. Massachusetts March 5, 1801March 2, 1805 Thomas Jefferson
(1801–1809)
5 John Breckinridge.jpg John Breckinridge Kentucky August 7, 1805December 14, 1806
6 Rodneycaesara3.jpg Caesar Augustus Rodney Delaware January 20, 1807December 10, 1811
James Madison
(1809–1817)
7 Williampinkney (1).jpg William Pinkney Maryland December 11, 1811February 9, 1814
8 Richard Rush engraving.png Richard Rush Pennsylvania February 10, 1814November 12, 1817
9 Attorney General William Wirt.jpg William Wirt Virginia November 13, 1817March 4, 1829 James Monroe
(1817–1825)
John Quincy Adams
(1825–1829)
10 John Macpherson Berrien, portrait by John Maier.png John Macpherson Berrien Georgia March 9, 1829July 19, 1831 Andrew Jackson
(1829–1837)
11 Roger Taney.jpg Roger B. Taney Maryland July 20, 1831November 14, 1833
12 Chester Harding - Benjamin Franklin Butler - 1963.172 - Dallas Museum of Art.jpg Benjamin Franklin Butler New York November 15, 1833July 4, 1838
Martin Van Buren
(1837–1841)
13 Felix Grundy.jpg Felix Grundy Tennessee July 5, 1838January 10, 1840
14 Henry D. Gilpin, Attorney General of the United States (trimmed).jpg Henry D. Gilpin Pennsylvania January 11, 1840March 4, 1841
15 John Jordan Crittenden - Brady 1855.jpg John J. Crittenden
1st term
Kentucky March 5, 1841September 12, 1841 William Henry Harrison
(1841)
John Tyler
(1841–1845)
16 Hugh S. Legare.jpg Hugh S. Legaré South Carolina September 13, 1841June 20, 1843
17 John Nelson, bw photo portrait, Brady-Handy collection, circa 1855-1865.jpg John Nelson Maryland July 1, 1843March 4, 1845
18 JYMason.jpg John Y. Mason Virginia March 5, 1845October 16, 1846 James K. Polk
(1845–1849)
19 NClifford.jpg Nathan Clifford Maine October 17, 1846March 17, 1848
20 Isaac Toucey - Brady-Handy.jpg Isaac Toucey Connecticut June 21, 1848March 4, 1849
21 Reverdy Johnson.jpg Reverdy Johnson Maryland March 8, 1849July 21, 1850 Zachary Taylor
(1849–1850)
22 John Jordan Crittenden - Brady 1855.jpg John J. Crittenden
2nd term
Kentucky July 22, 1850March 4, 1853 Millard Fillmore
(1850–1853)
23 Caleb Cushing.jpg Caleb Cushing Massachusetts March 7, 1853March 4, 1857 Franklin Pierce
(1853–1857)
24 JSBlack-AG.jpg Jeremiah S. Black Pennsylvania March 6, 1857December 16, 1860 James Buchanan
(1857–1861)
25 Edwin McMasters Stanton Secretary of War.jpg Edwin Stanton Pennsylvania December 20, 1860March 4, 1861
26 Edward Bates - Brady-Handy.jpg Edward Bates Missouri March 5, 1861November 24, 1864 Abraham Lincoln
(1861–1865)
27 James Speed.jpg James Speed Kentucky December 2, 1864July 22, 1866
Andrew Johnson
(1865–1869)
28 Stanberry-AttorGen.jpg Henry Stanbery Ohio July 23, 1866July 16, 1868
29 William M. Evarts - Brady-Handy.jpg William M. Evarts New York July 17, 1868March 4, 1869
30 EbenezerRHoar.jpg Ebenezer R. Hoar Massachusetts March 5, 1869November 22, 1870 Ulysses S. Grant
(1869–1877)
31 Amos T Akerman - crop and minor retouch.jpg Amos T. Akerman Georgia November 23, 1870December 13, 1871
32 George Henry Williams - Brady-Handy - Restored & Cropped.jpg George Henry Williams Oregon December 14, 1871April 25, 1875
33 Edwards Pierrepont, Brady-Handy bw photo portrait, ca1865-1880.jpg Edwards Pierrepont New York April 26, 1875May 21, 1876
34 Alphonso Taft seated.jpg Alphonso Taft Ohio May 22, 1876March 4, 1877
35 Hon. Charles Devens of Mass. Atty Gen. Hayes Cabinet.png Charles Devens Massachusetts March 12, 1877March 4, 1881 Rutherford B. Hayes
(1877–1881)
36 Wayne MacVeagh - Brady-Handy.jpg Wayne MacVeagh Pennsylvania March 5, 1881December 15, 1881 James A. Garfield
(1881)
Chester A. Arthur
(1881–1885)
37 BenjaminHBrewster.jpg Benjamin H. Brewster Pennsylvania December 16, 1881March 4, 1885
38 Augustus Hill Garland - Brady-Handy.jpg Augustus Garland Arkansas March 6, 1885March 4, 1889 Grover Cleveland
(1885–1889)
39 WHHMiller.jpg William H. H. Miller Indiana March 7, 1889March 4, 1893 Benjamin Harrison
(1889–1893)
40 Richard Olney, Bain bw photo portrait, 1913.jpg Richard Olney Massachusetts March 6, 1893April 7, 1895 Grover Cleveland
(1893–1897)
41 Jud Harmon.jpg Judson Harmon Ohio April 8, 1895March 4, 1897
42 AssoJstcJMcK.jpg Joseph McKenna California March 5, 1897January 25, 1898 William McKinley
(1897–1901)
43 Griggs2.jpg John W. Griggs New Jersey January 25, 1898March 29, 1901
44 Philander Knox, bw photo portrait, 1904.jpg Philander C. Knox Pennsylvania April 5, 1901June 30, 1904
Theodore Roosevelt
(1901–1909)
45 WHMoody.jpg William Henry Moody Massachusetts July 1, 1904December 17, 1906
46 CJBonaparte.jpg Charles Bonaparte Maryland December 17, 1906March 4, 1909
47 GWWickersham.jpg George W. Wickersham New York March 4, 1909March 4, 1913 William Howard Taft
(1909–1913)
48 James C. McReynolds - c1913.jpg James McReynolds Tennessee March 5, 1913August 29, 1914 Woodrow Wilson
(1913–1921)
49 WP Thomas Watt Gregory.jpg Thomas Watt Gregory Texas August 29, 1914March 4, 1919
50 Alexander Mitchell Palmer.jpg A. Mitchell Palmer Pennsylvania March 5, 1919March 4, 1921
51 Harry Daugherty, bw photo portrait 1920.jpg Harry M. Daugherty Ohio March 4, 1921April 6, 1924 Warren G. Harding
(1921–1923)
Calvin Coolidge
(1923–1929)
52 Chief Justice Harlan Fiske Stone photograph circa 1927-1932.jpg Harlan F. Stone New York April 7, 1924March 1, 1925
53 John Sargent, Bain bw photo portrait.jpg John G. Sargent Vermont March 7, 1925March 4, 1929
54 William D. Mitchell cph.3b30394.jpg William D. Mitchell Minnesota March 4, 1929March 4, 1933 Herbert Hoover
(1929–1933)
55 Homer Cummings, Harris & Ewing photo portrait, 1920.jpg Homer Stille Cummings Connecticut March 4, 1933January 1, 1939 Franklin D. Roosevelt
(1933–1945)
56 Justice Frank Murphy.jpg Frank Murphy Michigan January 2, 1939January 18, 1940
57 Roberthjackson.jpg Robert H. Jackson New York January 18, 1940August 25, 1941
58 Francis Biddle cph.3b27524.jpg Francis Biddle Pennsylvania August 26, 1941June 26, 1945 Harry S. Truman
(1945–1953)
59 Official portrait of Associate Justice Tom C. Clark, Supreme Court of the United States (cropped).jpg Tom C. Clark Texas June 27, 1945July 26, 1949
60 J. Howard McGrath.jpg J. Howard McGrath Rhode Island July 27, 1949April 3, 1952
61 James P McGranery cropped.jpg James P. McGranery Pennsylvania April 4, 1952January 20, 1953
62 Herbert Brownell.jpg Herbert Brownell Jr. New York January 21, 1953October 23, 1957 Dwight D. Eisenhower
(1953–1961)
63 William P. Rogers, U.S. Secretary of State.jpg William P. Rogers New York October 23, 1957January 20, 1961
64 Bobby Kennedy - restored.jpg Robert F. Kennedy Massachusetts January 20, 1961September 3, 1964 John F. Kennedy
(1961–1963)
Lyndon B. Johnson
(1963–1969)
65 Nicholas Katzenbach at White House, 6 May 1968.jpg Nicholas Katzenbach Illinois September 4, 1964 [b] January 28, 1965
January 28, 1965November 28, 1966
66 Ramsey Clark at the White House, 28 Feb 1968.jpg Ramsey Clark Texas November 28, 1966 [b] March 10, 1967
March 10, 1967January 20, 1969
67 John Mitchell.jpg John N. Mitchell New York January 20, 1969February 15, 1972 Richard Nixon
(1969–1974)
68 Attorney General Richard Kleindienst.jpg Richard Kleindienst Arizona February 15, 1972April 30, 1973 [13]
69 ElliotLeeRichardson.jpg Elliot Richardson Massachusetts May 25, 1973 [13] October 20, 1973
Robert Bork.jpg Robert Bork [c]
Acting
Pennsylvania October 20, 1973January 4, 1974
70 WilliamBartSaxbe2.jpg William B. Saxbe Ohio January 4, 1974February 2, 1975
Gerald Ford
(1974–1977)
71 Edward Levi Attorney General.jpg Edward H. Levi Illinois February 2, 1975January 20, 1977
Dick Thornburgh.jpg Dick Thornburgh [d]
Acting
Pennsylvania January 20, 1977January 26, 1977 Jimmy Carter
(1977–1981)
72 Griffin Bell -uglaw AG72 (cropped).tif Griffin Bell Georgia January 26, 1977August 16, 1979
73 Benjamin Civiletti (1979).jpg Benjamin Civiletti Maryland August 16, 1979January 19, 1981
74 Portrait officiel de William French Smith.jpg William French Smith California January 23, 1981February 25, 1985 Ronald Reagan
(1981–1989)
75 Edwin Meese III Attorney General portrait (cropped1).jpg Edwin Meese California February 25, 1985August 12, 1988
76 Dick Thornburgh.jpg Dick Thornburgh Pennsylvania August 12, 1988August 15, 1991
George H. W. Bush
(1989–1993)
77 William Barr, official photo as Attorney General.jpg William Barr
1st term
Virginia August 16, 1991 [b] November 26, 1991
November 26, 1991January 20, 1993
Stuart M. Gerson [e]
Acting
Washington, D.C. January 20, 1993March 12, 1993 Bill Clinton
(1993–2001)
78 Janet Reno-us-Portrait.jpg Janet Reno Florida March 12, 1993January 20, 2001
HolderEric.jpg Eric Holder [f]
Acting
Washington, D.C. January 20, 2001February 2, 2001 George W. Bush
(2001–2009)
79 John Ashcroft.jpg John Ashcroft Missouri February 2, 2001February 3, 2005
80 Alberto Gonzales - official DoJ photograph.jpg Alberto Gonzales Texas February 3, 2005September 17, 2007
Paul D. Clement.jpg Paul Clement [g]
Acting
Washington, D.C.September 17, 2007September 18, 2007
Peterkeisler.jpg Peter Keisler [g]
Acting
Washington, D.C.September 18, 2007November 9, 2007
81 Michael Mukasey, official AG photo portrait, 2007.jpg Michael Mukasey New York November 9, 2007January 20, 2009
Mark Filip.jpg Mark Filip
Acting
Illinois January 20, 2009February 3, 2009 Barack Obama
(2009–2017)
82 Eric Holder official portrait (cropped).jpg Eric Holder Washington, D.C. February 3, 2009April 27, 2015
83 Loretta Lynch, official portrait (cropped).jpg Loretta Lynch New York April 27, 2015January 20, 2017
Sally Q. Yates (cropped).jpg Sally Yates [h]
Acting
Georgia January 20, 2017January 30, 2017 Donald Trump
(2017–2021)
Dana Boente (cropped).jpg Dana Boente
Acting
Virginia January 30, 2017February 9, 2017
84 Jeff Sessions, official portrait (cropped).jpg Jeff Sessions Alabama February 9, 2017November 7, 2018
Rod Rosenstein official portrait 2.jpg Rod Rosenstein
Acting [i]
Maryland November 7, 2018November 7, 2018
Matthew G. Whitaker official photo (cropped).jpg Matthew Whitaker
Acting [j]
Iowa November 7, 2018February 14, 2019
85 William Barr (cropped).jpg William Barr
2nd term
Virginia February 14, 2019December 23, 2020
Jeff Rosen official DOJ portrait (cropped).jpg Jeffrey A. Rosen
Acting
Massachusetts December 24, 2020January 20, 2021
John Demers official photo.png John Demers
Acting [k]
Massachusetts January 20, 2021January 20, 2021 Joe Biden
(2021–2025)
Monty Wilkinson DOJ official photo.jpg Monty Wilkinson
Acting
Washington, D.C. January 20, 2021March 11, 2021
86 Attorney General Merrick Garland.jpg Merrick Garland Maryland March 11, 2021Incumbent

Line of succession

U.S.C. Title 28, §508 establishes the first two positions in the line of succession, while allowing the attorney general to designate other high-ranking officers of the Department of Justice as subsequent successors. [28] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. [29] The current line of succession is:

  1. United States Deputy Attorney General
  2. United States Associate Attorney General
  3. Other officers potentially designated by the attorney general (in no particular order):
  4. United States Attorney for the Eastern District of Virginia
  5. United States Attorney for the Eastern District of North Carolina
  6. United States Attorney for the Northern District of Texas

Notable figures

See also

Notes

  1. Unusually for a transitional acting appointment, Yates was dismissed and replaced with another Acting Attorney General before Sessions was confirmed because she refused to defend an executive order of the incoming administration. [12]
  2. 1 2 3 Served as acting attorney general in his capacity as deputy attorney general, until his own appointment and confirmation as attorney general.
  3. On October 20, 1973, Solicitor General Robert Bork became acting attorney general following the "Saturday Night Massacre", in which U.S. Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus both resigned.
  4. Served as acting attorney general in his capacity as deputy attorney general, until the appointment of a new attorney general. Thornburgh later served as attorney general from 1988–1991.
  5. Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ Civil Division. [14] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned. [15] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12, [16] and he resigned the same day. [16]
  6. Served as acting attorney general in his capacity as deputy attorney general, until the appointment of a new attorney general. Holder later served as attorney general from 2009–2015.
  7. 1 2 On August 27, 2007, President Bush named Solicitor General Paul Clement as the future acting attorney general, to take office upon the resignation of Alberto Gonzales, effective September 17, 2007. [17] On September 17, President Bush announced that Assistant Attorney General for the DOJ Civil Division Peter Keisler would become acting attorney general, pending a permanent appointment of a presidential nominee. [18] [19] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later. [20] Keisler served as acting attorney general until the confirmation of Michael Mukasey on November 9, 2007.
  8. Served as acting attorney general in her capacity as deputy attorney general, until she was fired after saying the Department of Justice would not defend an executive order in court. [21]
  9. Following the resignation of Jeff Sessions as attorney general at the request of President Donald Trump, Rosenstein served as acting attorney general in his capacity as deputy attorney general for a few hours on November 7, 2018 until President Donald Trump signed an executive order naming Matthew Whitaker as acting attorney general later that day. [22]
  10. The legality of Matthew Whitaker's appointment as acting attorney general was called into question by several constitutional scholars. Among those included Neal Katyal and George T. Conway III, who asserted it is unconstitutional, because the Attorney General is a principal officer under the Appointments Clause, and thus requires senate consent, even in an acting capacity. [23] Maryland filed an injunction against Whitaker's appointment on this basis. [24] John E. Bies at Lawfare regarded it as an unresolved question. [25] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent. [26]
  11. Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ National Security Division for a few hours following the resignation of Jeffrey Rosen at noon on January 20, 2021. President Joe Biden signed an executive order naming Deputy Assistant Attorney General for Human Resources and Administration Monty Wilkinson as acting attorney general later that day. [27]

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References

  1. "3 U.S. Code § 19 – Vacancy in offices of both President and Vice President; officers eligible to act". Archived from the original on December 26, 2018. Retrieved November 7, 2018.
  2. 1 2 5 U.S.C.   § 5312.
  3. Benner, Katie (March 10, 2021). "Merrick Garland Is Confirmed as Attorney General". The New York Times. Archived from the original on December 28, 2021.
  4. Justice Department [@TheJusticeDept] (March 11, 2021). "Judge Merrick Garland takes his oath of office as the 86th Attorney General of the United States as he is sworn in by Assistant Attorney General for Administration Lee Lofthus. https://t.co/2nbizdpTFp" (Tweet). Retrieved December 13, 2022 via Twitter.
  5. Meyer, Matt (November 22, 2024). "Donald Trump has named former Florida Attorney General Pam Bondi as his new pick to run the Justice Department". CNN. Retrieved November 21, 2024. Trump's new AG pick: President-elect Donald Trump has named former Florida Attorney General Pam Bondi as his new pick to run the Justice Department.
  6. 1 2 3 Herz, Michael (2002). "Washington, Patton, Schwarzkopf and ... Ashcroft?". Constitutional Commentary. Archived from the original on May 31, 2019. Retrieved May 31, 2019.
  7. 1 2 Garner, Bryan A. (May 2013). "LawProse Lesson #116: What's the plural form of attorney general? And what is the plural possessive?". Above the Law. Retrieved May 31, 2019.
  8. Judiciary Act of 1789, section 35.
  9. Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.
  10. "Salary Table No. 2021-EX Rates of Basic Pay for the Executive Schedule (EX)" (PDF). Archived (PDF) from the original on January 23, 2021.
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U.S. order of precedence (ceremonial)
Preceded byas Secretary of Defense Order of precedence of the United States
as Attorney General
Succeeded byas Secretary of the Interior
U.S. presidential line of succession
Preceded by 7th in line Succeeded by