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 (cropped).jpg
Incumbent
Merrick Garland
since March 11, 2021
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

The United States attorney general (AG) is the head of the United States Department of Justice, 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]

Name

The title, "attorney general" is an example of a noun (attorney) followed by a postpositive adjective (general). [5] "General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military). [5] Even though the attorney general (and the similarly titled solicitor general) is often referred to as "General" or "General [last name]" by senior government officials, this is considered incorrect in standard American English usage. [5] [6] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals". [6]

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". [7] 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. [8]

Attorney General is a Level I position in the Executive Schedule, [2] thus earning a salary of US$221,400, as of January 2021. [9]

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. [10] [lower-alpha 1]

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)    Independent (1)

Status

  Denotes service as acting attorneys general before appointment or after resignation
No.PortraitNamePrior experienceState of residenceTook officeLeft office President(s)
1 EdRand.jpg Edmund Randolph Lawyer,

7th Governor of Virginia

Virginia September 26, 1789January 26, 1794 George Washington
2 William Bradford, AG.jpg William Bradford Lawyer, judge,

Attorney General of Pennsylvania

Pennsylvania January 27, 1794August 23, 1795
3 Charles Lee, AG.png Charles Lee Lawyer,

Acting United States Secretary of State

Virginia December 10, 1795February 19, 1801
John Adams
4 Levi Lincoln, Sr.jpg Levi Lincoln Sr. Lawyer,

Acting United States Secretary of State,

7th Lieutenant Governor of Massachusetts,

Member of the U.S. House of Representatives from Massachusetts's 4th district

Massachusetts March 5, 1801March 2, 1805 Thomas Jefferson
5 John Breckinridge.jpg John Breckinridge Lawyer,

United States Senator from Kentucky,

Speaker of the Kentucky House of Representatives,

Attorney General of Kentucky

Kentucky August 7, 1805December 14, 1806
6 Rodneycaesara3.jpg Caesar Augustus Rodney Lawyer,

Member of the U.S. House of Representatives from Delaware's at-large district,

Member of Delaware General Assembly

Delaware January 20, 1807December 10, 1811
James Madison
7 Williampinkney (1).jpg William Pinkney Lawyer,

United States Minister to the United Kingdom,

3rd Attorney General of Maryland,

Mayor of Annapolis,

Member of the U.S. House of Representatives from Maryland's 3rd district

Maryland December 11, 1811February 9, 1814
8 Richard Rush engraving.png Richard Rush Lawyer,

Attorney General of Pennsylvania

Pennsylvania February 10, 1814November 12, 1817
9 Attorney General William Wirt.jpg William Wirt Lawyer,

United States Attorney for the District of Virginia,

Member of the Virginia House of Delegates from Richmond City

6th Clerk of the Virginia House of Delegates

Virginia November 13, 1817March 4, 1829 James Monroe
John Quincy Adams
10 John Macpherson Berrien, portrait by John Maier.png John Macpherson Berrien Lawyer,

Judge of the Eastern judicial circuit of Georgia,

United States Senator from Georgia

Georgia March 9, 1829July 19, 1831 Andrew Jackson
11 Roger Taney.jpg Roger B. Taney Lawyer,

Acting United States Secretary of War,

Attorney General of Maryland

Maryland July 20, 1831November 14, 1833
12 Chester Harding - Benjamin Franklin Butler - 1963.172 - Dallas Museum of Art.jpg Benjamin Franklin Butler Lawyer,

Member of the New York State Assembly from Albany County,

District Attorney of Albany County

New York November 15, 1833July 4, 1838
Martin Van Buren
13 Felix Grundy.jpg Felix Grundy Lawyer,

United States Senator from Tennessee,

Member of the U.S. House of Representatives from Tennessee's 3rd district and 5th district,

Chief Justice of the Kentucky Court of Appeals

Tennessee July 5, 1838January 10, 1840
14 Henry D. Gilpin, Attorney General of the United States (trimmed).jpg Henry D. Gilpin Lawyer,

Solicitor of the United States Treasury,

U.S. Attorney for the Eastern District of Pennsylvania

Pennsylvania January 11, 1840March 4, 1841
15 John Jordan Crittenden - Brady 1855.jpg John J. Crittenden
1st term
Lawyer,

22nd Secretary of State of Kentucky,

United States Senator from Kentucky

Kentucky March 5, 1841September 12, 1841 William Henry Harrison
John Tyler
16 Hugh S. Legare.jpg Hugh S. Legaré Lawyer,

Member of the U.S. House of Representatives from South Carolina's 1st district

Acting United States Minister to Belgium,

7th Attorney General of South Carolina

South Carolina September 13, 1841June 20, 1843
17 John Nelson, bw photo portrait, Brady-Handy collection, circa 1855-1865.jpg John Nelson Lawyer,

United States Chargé d'Affaires to the Kingdom of the Two Sicilies,

Member of the U.S. House of Representatives from Maryland's 4th district

Maryland July 1, 1843March 4, 1845
18 JYMason.jpg John Y. Mason Lawyer,

16th United States Secretary of the Navy

Judge of the United States District Court for the Eastern District of Virginia,

Member of the U.S. House of Representatives from Virginia's 2nd district

Virginia March 5, 1845October 16, 1846 James K. Polk
19 NClifford.jpg Nathan Clifford Lawyer,

Member of the U.S. House of Representatives from Maine's 1st district,

Attorney General of Maine,

Member of the Maine House of Representatives,

Maine October 17, 1846March 17, 1848
20 Isaac Toucey - Brady-Handy.jpg Isaac Toucey Lawyer,

33rd Governor of Connecticut,

Member of the U.S. House of Representatives from Connecticut's at-large district and 1st district

Connecticut June 21, 1848March 4, 1849
21 Reverdy Johnson.jpg Reverdy Johnson Lawyer,

United States Senator from Maryland

Maryland March 8, 1849July 21, 1850 Zachary Taylor
22 John Jordan Crittenden - Brady 1855.jpg John J. Crittenden
2nd term
Lawyer,

15th United States Attorney General (1841)

22nd Secretary of State of Kentucky,

United States Senator from Kentucky

Kentucky July 22, 1850March 4, 1853 Millard Fillmore
23 Caleb Cushing.jpg Caleb Cushing Lawyer,

United States Minister to China,

Member of the U.S. House of Representatives from Massachusetts's 3rd district

Massachusetts March 7, 1853March 4, 1857 Franklin Pierce
24 JSBlack-AG.jpg Jeremiah S. Black Lawyer,

Justice of the Pennsylvania Supreme Court

Pennsylvania March 6, 1857December 16, 1860 James Buchanan
25 Edwin McMasters Stanton Secretary of War.jpg Edwin Stanton Lawyer Pennsylvania December 20, 1860March 4, 1861
26 Edward Bates - Brady-Handy.jpg Edward Bates Lawyer,

Member of the U.S. House of Representatives from Missouri's at-large district,

Attorney General of Missouri

Missouri March 5, 1861November 24, 1864 Abraham Lincoln
27 James Speed.jpg James Speed Lawyer,

Member of the Kentucky House of Representatives

Kentucky December 2, 1864July 22, 1866
Andrew Johnson
28 Stanberry-AttorGen.jpg Henry Stanbery Lawyer,

Attorney General of Ohio

Ohio July 23, 1866July 16, 1868
29 William M. Evarts - Brady-Handy.jpg William M. Evarts Lawyer New York July 17, 1868March 4, 1869
30 EbenezerRHoar.jpg Ebenezer R. Hoar Lawyer, judge Massachusetts March 5, 1869November 22, 1870 Ulysses S. Grant
31 Amos T Akerman - crop and minor retouch.jpg Amos T. Akerman Lawyer, teacher Georgia November 23, 1870December 13, 1871
32 George Henry Williams - Brady-Handy - Restored & Cropped.jpg George Henry Williams United States Senator from Oregon

3rd Chief Justice of Oregon Supreme Court

Oregon December 14, 1871April 25, 1875
33 Edwards Pierrepont, Brady-Handy bw photo portrait, ca1865-1880.jpg Edwards Pierrepont Attorney

U.S. Attorney's Office for the Southern District of New York

New York April 26, 1875May 21, 1876
34 Alphonso Taft seated.jpg Alphonso Taft 31st United States Secretary of War Ohio May 22, 1876March 4, 1877
35 Hon. Charles Devens of Mass. Atty Gen. Hayes Cabinet.png Charles Devens Judge of Massachusetts superior court Massachusetts March 12, 1877March 4, 1881 Rutherford B. Hayes
36 Wayne MacVeagh - Brady-Handy.jpg Wayne MacVeagh Lawyer,

United States Ambassador to the Ottoman Empire

Pennsylvania March 5, 1881December 15, 1881 James A. Garfield
Chester A. Arthur
37 BenjaminHBrewster.jpg Benjamin H. Brewster Attorney General of Pennsylvania Pennsylvania December 16, 1881March 4, 1885
38 Augustus Hill Garland - Brady-Handy.jpg Augustus Garland Lawyer,

United States Senator from Arkansas,

11th Governor of Arkansas

Arkansas March 6, 1885March 4, 1889 Grover Cleveland
39 WHHMiller.jpg William H. H. Miller Lawyer Indiana March 7, 1889March 4, 1893 Benjamin Harrison
40 Richard Olney, Bain bw photo portrait, 1913.jpg Richard Olney Lawyer Massachusetts March 6, 1893April 7, 1895 Grover Cleveland
41 Jud Harmon.jpg Judson Harmon Lawyer Ohio April 8, 1895March 4, 1897
42 AssoJstcJMcK.jpg Joseph McKenna Judge of the United States Court of Appeals for the Ninth Circuit,

Member of the U.S. House of Representatives from California's 3rd district

California March 5, 1897January 25, 1898 William McKinley
43 Griggs2.jpg John W. Griggs Lawyer,

28th Governor of New Jersey

New Jersey January 25, 1898March 29, 1901
44 Philander Knox, bw photo portrait, 1904.jpg Philander C. Knox Lawyer,

Assistant United States Attorney for the Western District of Pennsylvania (1876–1877),

President of the Pennsylvania Bar Association

Pennsylvania April 5, 1901June 30, 1904
Theodore Roosevelt
45 WHMoody.jpg William Henry Moody 35th United States Secretary of the Navy,

Member of the U.S. House of Representatives from Massachusetts's 6th district

Massachusetts July 1, 1904December 17, 1906
46 CJBonaparte.jpg Charles Bonaparte Lawyer,

37th United States Secretary of the Navy

Maryland December 17, 1906March 4, 1909
47 GWWickersham.jpg George W. Wickersham Lawyer New York March 4, 1909March 4, 1913 William Howard Taft
48 James C. McReynolds - c1913.jpg James C. McReynolds Lawyer Tennessee March 5, 1913August 29, 1914 Woodrow Wilson
49 WP Thomas Watt Gregory.jpg Thomas Watt Gregory Lawyer Texas August 29, 1914March 4, 1919
50 Alexander Mitchell Palmer.jpg A. Mitchell Palmer Attorney,

Member of the U.S. House of Representatives from Pennsylvania's 26th district

Pennsylvania March 5, 1919March 4, 1921
51 Harry Daugherty, bw photo portrait 1920.jpg Harry M. Daugherty Lawyer

Member of the Ohio House of Representatives (1889−1893)

Republican Political Operative from Ohio

Ohio March 4, 1921April 6, 1924 Warren G. Harding
Calvin Coolidge
52 Chief Justice Harlan Fiske Stone photograph circa 1927-1932.jpg Harlan F. Stone Lawyer New York April 7, 1924March 1, 1925
53 John Sargent, Bain bw photo portrait.jpg John G. Sargent Lawyer,

Attorney General of Vermont

Vermont March 7, 1925March 4, 1929
54 William D. Mitchell cph.3b30394.jpg William D. Mitchell Attorney,

18th United States Solicitor General

Minnesota March 4, 1929March 4, 1933 Herbert Hoover
55 Homer Cummings, Harris & Ewing photo portrait, 1920.jpg Homer Stille Cummings Mayor of Stamford, Connecticut (1904–1906), State Attorney of Fairfield County (1914–1924),

Chair of the Democratic National Committee (1919–1920)

Connecticut March 4, 1933January 1, 1939 Franklin D. Roosevelt
56 Justice Frank Murphy.jpg Frank Murphy Governor-General of the Philippines (1933–1935),

1st High Commissioner to the Philippines (1935–1936),

35th Governor of Michigan (1937–1939)

Michigan January 2, 1939January 18, 1940
57 Roberthjackson.jpg Robert H. Jackson Lawyer,

United States Assistant Attorney General for the Tax Division (1936–1937),

United States Assistant Attorney General for the Antitrust Division (1937–1938),

24th United States Solicitor General (1938–1940)

New York January 18, 1940August 25, 1941
58 Francis Biddle cph.3b27524.jpg Francis Biddle Pennsylvania August 26, 1941June 26, 1945
Lawyer,

Deputy Chair of the Board of Directors of the Federal Reserve Bank of Pennsylvania (1938–1939),

Judge of the United States Court of Appeals for the Third Circuit (1939–1940),

25th United States Solicitor General (1940–1941)

Harry S. Truman
59 Official portrait of Associate Justice Tom C. Clark, Supreme Court of the United States (cropped).jpg Tom C. Clark Lawyer,

United States Assistant Attorney General for the Criminal Division (1943–1945)

Texas June 27, 1945July 26, 1949
60 J. Howard McGrath.jpg J. Howard McGrath Lawyer,

60th Governor of Rhode Island (1941–1945),

27th United States Solicitor General (1945–1946),

Chair of the Democratic National Committee (1947–1949),

United States Senator from Rhode Island (1947–1949)

Rhode Island July 27, 1949April 3, 1952
61 James P McGranery cropped.jpg James P. McGranery Member of the U.S. House of Representatives from Pennsylvania's 2nd district (1937–1943),

Judge of the United States District Court for the Eastern District of Pennsylvania (1946–1952)

Pennsylvania April 4, 1952January 20, 1953
62 Herbert Brownell.jpg Herbert Brownell Jr. Member of the New York State Assembly from the 10th district (1933–1937),

Chair of the Republican National Committee (1944–1946)

New York January 21, 1953October 23, 1957 Dwight D. Eisenhower
63 William P. Rogers, U.S. Secretary of State.jpg William P. Rogers Attorney,

4th United States Deputy Attorney General (1953–1957)

New York October 23, 1957January 20, 1961
64 Robert F Kennedy crop.jpg Robert F. Kennedy Lawyer Massachusetts January 20, 1961September 3, 1964 John F. Kennedy
Lyndon B. Johnson
65 Nicholas Katzenbach at White House, 6 May 1968.jpg Nicholas Katzenbach Illinois September 4, 1964 [lower-alpha 2] January 28, 1965
Lawyer,

7th United States Deputy Attorney General (1962–1965)

January 28, 1965November 28, 1966
66 Ramsey Clark at the White House, 28 Feb 1968.jpg Ramsey Clark Texas November 28, 1966 [lower-alpha 2] March 10, 1967
United States Assistant Attorney General for the Environment and Natural Resources Division (1961–1965),

8th United States Deputy Attorney General (1965–1967)

March 10, 1967January 20, 1969
67 John Mitchell.jpg John N. Mitchell Lawyer New York January 20, 1969February 15, 1972 Richard Nixon
68 Attorney General Richard Kleindienst.jpg Richard Kleindienst Lawyer,

10th United States Deputy Attorney General (1969–1972)

Arizona February 15, 1972April 30, 1973 [12]
69 ElliotLeeRichardson.jpg Elliot Richardson Lawyer,

37th Attorney General of Massachusetts (1967–1969),

25th United States Under Secretary of State (1969–1970),

9th United States Secretary of Health, Education, and Welfare (1970–1973),

11th United States Secretary of Defense (Jan–May 1973)

Massachusetts May 25, 1973 [12] October 20, 1973
Robert Bork.jpg Robert Bork [lower-alpha 3]
Acting
33rd Solicitor General of the United States (1973–1977) Pennsylvania October 20, 1973January 4, 1974
70 WilliamBartSaxbe2.jpg William B. Saxbe U.S. Senator from Ohio Ohio January 4, 1974February 2, 1975
Speaker of the Ohio House of Representatives (1953–1955),

Ohio Attorney General (1957–1959; 1963–1969),

United States Senator from Ohio (1969–1974)

Gerald Ford
71 Edward Levi Attorney General.jpg Edward H. Levi 7th President of the University of Chicago Illinois February 2, 1975January 20, 1977
Dick Thornburgh.jpg Dick Thornburgh [lower-alpha 4]
Acting
United States Attorney for the Western District of Pennsylvania (1969–1975)

United States Assistant Attorney General for the Criminal Division (1975–1977)

Pennsylvania January 20, 1977January 26, 1977 Jimmy Carter
72
Griffin Bell -uglaw AG72 (cropped).tif
Griffin Bell Lawyer,

Judge of the United States Court of Appeals for the Fifth Circuit (1961–1976)

Georgia January 26, 1977August 16, 1979
73 Benjamin Civiletti (1979).jpg Benjamin Civiletti Assistant United States Attorney

United States Assistant Attorney General for the Criminal Division (1977–1978)

17th United States Deputy Attorney General (1978–1979)

Maryland August 16, 1979January 19, 1981
74 Portrait officiel de William French Smith.jpg William French Smith Lawyer California January 23, 1981February 25, 1985 Ronald Reagan
75 Edwin Meese III Attorney General portrait (cropped1).jpg Edwin Meese Counselor to the President (1981–1985) California February 25, 1985August 12, 1988
76 Dick Thornburgh.jpg Dick Thornburgh

Acting United States Attorney General (1977)

Governor of Pennsylvania (1979–1987)

Pennsylvania August 12, 1988August 15, 1991
George H. W. Bush
77 William Barr, official photo as Attorney General.jpg William Barr
1st term
United States Deputy Attorney General (1990–1991)

United States Assistant Attorney General for the Office of Legal Counsel (1989–1990)

Virginia August 16, 1991 [lower-alpha 2] November 26, 1991
November 26, 1991January 20, 1993
Stuart M. Gerson [lower-alpha 5]
Acting
United States Assistant Attorney General for the Civil Division (1989–1993) Washington, D.C. January 20, 1993March 12, 1993 Bill Clinton
78 Janet Reno-us-Portrait.jpg Janet Reno Attorney,

State Attorney for Miami-Dade County (1978–1993)

Florida March 12, 1993January 20, 2001
HolderEric.jpg Eric Holder [lower-alpha 6]
Acting
United States Deputy Attorney General (1997–2001)

United States Attorney for the District of Columbia (1993–1997)

Judge of the Superior Court of the District of Columbia (1988–1993)

Washington, D.C. January 20, 2001February 2, 2001 George W. Bush
79 John Ashcroft.jpg John Ashcroft 38th Attorney General of Missouri (1977–1983)

50th Governor of Missouri (1985–1993)

United States Senator from Missouri (1995–2001)

Missouri February 2, 2001February 3, 2005
80 Alberto Gonzales - official DoJ photograph.jpg Alberto Gonzales 100th Secretary of State of Texas (1998–1999)

Associate Justice of the Supreme Court of Texas (1999–2001) White House Counsel (2001–2005)

Texas February 3, 2005September 17, 2007
Paul D. Clement.jpg Paul Clement [lower-alpha 7]
Acting
Lawyer,

United States Principal Deputy Solicitor General (2001–2004)

43rd United States Solicitor General (2004–2008)

Washington, D.C.September 17, 2007September 18, 2007
Peterkeisler.jpg Peter Keisler [lower-alpha 7]
Acting
Acting United States Associate Attorney General (2002–2003)

United States Assistant Attorney General for the Civil Division (2003–2007)

Washington, D.C.September 18, 2007November 9, 2007
81 Michael Mukasey, official AG photo portrait, 2007.jpg Michael Mukasey Attorney,

Chief Judge of the United States District Court for the Southern District of New York (2000–2006)

Senior Judge of the United States District Court for the Southern District of New York (2006)

New York November 9, 2007January 20, 2009
Mark Filip.jpg Mark Filip
Acting
Lawyer,

Judge of the United States District Court for the Northern District of Illinois (2004–2008)

33rd United States Deputy Attorney General (2008–2009)

Illinois January 20, 2009February 3, 2009 Barack Obama
82 Eric Holder official portrait (cropped).jpg Eric Holder Acting United States Attorney General (2001)

United States Deputy Attorney General (1997–2001)

United States Attorney for the District of Columbia (1993–1997)

Judge of the Superior Court of the District of Columbia (1988–1993)

Washington, D.C. February 3, 2009April 27, 2015
83 Loretta Lynch, official portrait (cropped).jpg Loretta Lynch United States Attorney for the Eastern District of New York (1999–2001, 2010–2015)

Member of the Board of the Federal Reserve Bank of New York (2003–2005)

New York April 27, 2015January 20, 2017
Sally Q. Yates (cropped).jpg Sally Yates [lower-alpha 8]
Acting
Lawyer,

United States Attorney for the Northern District of Georgia (2010–2015)

36th United States Deputy Attorney General (2015–2017)

Georgia January 20, 2017January 30, 2017 Donald Trump
Dana Boente (cropped).jpg Dana Boente
Acting
Attorney,

United States Attorney for the Eastern District of Virginia (2013–2018)

Virginia January 30, 2017February 9, 2017
84 Jeff Sessions, official portrait (cropped).jpg Jeff Sessions United States Senator from Alabama (1997–2017)

Attorney General of Alabama (1995–1997)

United States Attorney for the Southern District of Alabama (1981–1993)

Alabama February 9, 2017November 7, 2018
Matthew G. Whitaker official photo (cropped).jpg Matthew Whitaker
Acting [lower-alpha 9]
Lawyer,

United States Attorney for the Southern District of Iowa (2004–2009)

Chief of Staff to the United States Attorney General (2017–2018)

Iowa November 7, 2018February 14, 2019
85 William Barr (cropped).jpg William Barr
2nd term
77th United States Attorney General (1991–1993)

United States Deputy Attorney General (1990–1991)

United States Assistant Attorney General for the Office of Legal Counsel (1989–1990)

Virginia February 14, 2019December 23, 2020
Jeff Rosen official DOJ portrait (cropped).jpg Jeffrey A. Rosen
Acting
Lawyer

12th United States Deputy Secretary of Transportation (2017–2019)

38th United States Deputy Attorney General (2019–2020)

Massachusetts December 24, 2020January 20, 2021
John Demers official photo.png John Demers
Acting
Lawyer

United States Assistant Attorney General for the National Security Division (2018–2021)

Massachusetts January 20, 2021January 20, 2021 Joe Biden
Monty Wilkinson DOJ official photo.jpg Monty Wilkinson
Acting
Lawyer Washington, D.C. January 20, 2021March 11, 2021
86 Attorney General Merrick Garland (cropped).jpg Merrick Garland Chief Judge of the United States Court of Appeals for the District of Columbia Circuit (2013–2020)

Nominee for Associate Justice of the Supreme Court (2016)

Judge of the United States Court of Appeals for the District of Columbia Circuit (1997–2021)

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. [25] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump. [26] 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

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. [11]
  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. [13] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned. [14] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12, [15] and he resigned the same day. [15]
  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. [16] 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. [17] [18] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later. [19] 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. [20]
  9. 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. [21] Maryland filed an injunction against Whitaker's appointment on this basis. [22] John E. Bies at Lawfare regarded it as an unresolved question. [23] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent. [24]

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Glenn Alan Fine is the former principal deputy Inspector General of the Department of Defense and former Acting IG of the Department of Defense. Fine previously served as the Inspector General of the United States Department of Justice (DOJ) from 2000 until January 2011. He was confirmed by the United States Senate on December 15, 2000. Prior to his appointment as the DOJ Inspector General, Fine served as Special Counsel to the DOJ Inspector General from January 1995 until 1996, when he was made Director of the OIG's Special Investigations and Review Unit.

<span class="mw-page-title-main">Steven G. Bradbury</span> American lawyer (born 1958)

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Stuart Michael Gerson was an American politician who served as the acting United States Attorney General during the Clinton Administration, serving in the early months of 1993.

<span class="mw-page-title-main">Rod Rosenstein</span> American attorney (born 1965)

Rod Jay Rosenstein is an American attorney who served as the 37th United States deputy attorney general from April 2017 until May 2019. Prior to his appointment, he served as a United States attorney for the District of Maryland. At the time of his confirmation as deputy attorney general in April 2017, he was the longest-serving U.S. attorney. Rosenstein had also been nominated to the United States Court of Appeals for the Fourth Circuit in 2007, but his nomination was never considered by the U.S. Senate.

<span class="mw-page-title-main">Federal Vacancies Reform Act of 1998</span> 1998 United States law

The Federal Vacancies Reform Act of 1998 is a United States federal statute establishing the procedure for filling vacancies in an appointed office of an executive agency of the government before the appointment of a permanent replacement.

<span class="mw-page-title-main">Executive Order 13775</span> Order signed by the President in 2017

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.

<span class="mw-page-title-main">Steven Engel</span> American lawyer (born 1974)

Steven Andrew Engel is an American lawyer. He served as the United States assistant attorney general for the Office of Legal Counsel in the 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.

<span class="mw-page-title-main">Noel Francisco</span> American lawyer (born 1969)

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.

<span class="mw-page-title-main">Jeffrey A. Rosen</span> American lawyer (born 1958)

Jeffrey Adam Rosen is an American lawyer who served as the acting United States attorney general from December 2020 to January 2021 and as the 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 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.

<span class="mw-page-title-main">Ryan D. Nelson</span> American judge (born 1973)

Ryan Douglas Nelson is a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. He was previously nominated to become Solicitor of the United States Department of the Interior, but was never confirmed.

<span class="mw-page-title-main">John Demers</span> American attorney (born 1971)

John Charles Demers is an American lawyer who served as the United States Assistant Attorney General for the National Security Division (NSD) from 2018 to 2021. Following the resignation of Jeffrey A. Rosen, Demers also served as the acting United States Attorney General on January 20, 2021, until President Joe Biden named Monty Wilkinson to the position later that day.

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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