United States Attorney General | |
---|---|
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 |
Formation | September 26, 1789 |
First holder | Edmund Randolph |
Succession | Seventh [1] |
Deputy | Deputy Attorney General |
Salary | Executive Schedule, Level I [2] |
Website | www |
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.
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]
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 occasionally 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]
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]
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]
Federalist (4) Democratic-Republican (5) Democratic (34) Whig (4) Republican (40) Independent (1)
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:
The Solicitor General of the United States, the fourth-highest-ranking official within the United States Department of Justice, represents the federal government in cases before the U.S. Supreme Court. Elizabeth Prelogar has served in the role since October 28, 2021.
The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position 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 United States Department of Justice National Security Division (NSD) handles national security functions of the department. Created by the 2005 USA PATRIOT Act reauthorization, the division consolidated all of the department's national security and intelligence functions into a single division. The division is headed by the Assistant Attorney General for National Security.
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.
Matthew George Whitaker is an American lawyer, lobbyist and politician who served as the acting United States Attorney General from November 7, 2018, to February 14, 2019. He was appointed to that position by President Donald Trump after Jeff Sessions resigned at Trump's request. Whitaker had previously served as Chief of Staff to Sessions from October 2017 to November 2018.
A detailed chronology of events in the dismissal of U.S. attorneys controversy.
Patrick F. Philbin is an American lawyer who served as Deputy Counsel to the President and Deputy Assistant to the President in the Office of White House Counsel in the Donald J. Trump administration. He previously served in the Department of Justice during the George W. Bush administration.
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.
Steven Gill Bradbury is an American lawyer and government official who served as the General Counsel of the United States Department of Transportation. He previously served as Acting Assistant Attorney General (AAG) from 2005 to 2007 and Principal Deputy AAG from 2004 to 2009, heading the Office of Legal Counsel (OLC) in the U.S. Department of Justice during President George W. Bush's second term.
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.
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.
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.
Rajesh "Raj" De is an American lawyer and former U.S. government official who later became the managing partner for the Washington, D.C., office of the law firm Mayer Brown. During the presidency of Barack Obama, he served in three significant government roles—as Principal Deputy Assistant Attorney General in the Office of Legal Policy, as White House Staff Secretary, and finally as general counsel of the U.S. National Security Agency.
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.
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 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.
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.
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.
As supporters of the Brady gun-control bill prepare to introduce it in Congress yet again this week, they find a welcome, if unlikely, ally in Stuart Gerson, the Acting Attorney General. Because President Clinton has had so many problems finding a new Attorney General, Mr. Gerson remains in office ...
She will replace Acting Attorney General Stuart M. Gerson, a holdover appointee from the Bush Administration. Ms. Reno said he resigned today.