United States Attorney General

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.

United States Attorney General
Seal of the Department of Justice
Flag of the United States attorney general
since March 11, 2021
United States Department of Justice
StyleMr. Attorney General (informal)
The Honorable (formal)
Member ofCabinet
National Security Council
Homeland Security Council
Reports toPresident
SeatRobert F. Kennedy Department of Justice Building
Washington, D.C.
AppointerPresident
with Senate advice and consent
Term lengthNo fixed term
Constituting instrument28 U.S.C. § 503
FormationSeptember 26, 1789
First holderEdmund Randolph
SuccessionSeventh[1]
DeputyDeputy Attorney General
SalaryExecutive Schedule, Level I[2]
Websitewww.justice.gov/ag

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

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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]

History

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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

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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][a]

List of attorneys general

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Flag of the United States attorney general

Parties

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  Federalist (4)   Democratic-Republican (5)   Democratic (34)   Whig (4)   Republican (40)   Independent (1)

Status

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  Denotes service as acting attorneys general before appointment or after resignation
No. Portrait Name Prior experience State of residence Took office Left office President(s)
1   Edmund Randolph Lawyer,

7th Governor of Virginia

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

Attorney General of Pennsylvania

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

Acting United States Secretary of State

Virginia December 10, 1795 February 19, 1801
John Adams
4   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, 1801 March 2, 1805 Thomas Jefferson
5   John Breckinridge Lawyer,

United States Senator from Kentucky,

Speaker of the Kentucky House of Representatives,

Attorney General of Kentucky

Kentucky August 7, 1805 December 14, 1806
6   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, 1807 December 10, 1811
James Madison
7   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, 1811 February 9, 1814
8   Richard Rush Lawyer,

Attorney General of Pennsylvania

Pennsylvania February 10, 1814 November 12, 1817
9   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, 1817 March 4, 1829 James Monroe
John Quincy Adams
10   John Macpherson Berrien Lawyer,

Judge of the Eastern judicial circuit of Georgia,

United States Senator from Georgia

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

Acting United States Secretary of War,

Attorney General of Maryland

Maryland July 20, 1831 November 14, 1833
12   Benjamin Franklin Butler Lawyer,

Member of the New York State Assembly from Albany County,

District Attorney of Albany County

New York November 15, 1833 July 4, 1838
Martin Van Buren
13   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, 1838 January 10, 1840
14   Henry D. Gilpin Lawyer,

Solicitor of the United States Treasury,

U.S. Attorney for the Eastern District of Pennsylvania

Pennsylvania January 11, 1840 March 4, 1841
15   John J. Crittenden
1st term
Lawyer,

22nd Secretary of State of Kentucky,

United States Senator from Kentucky

Kentucky March 5, 1841 September 12, 1841 William Henry Harrison
John Tyler
16   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, 1841 June 20, 1843
17   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, 1843 March 4, 1845
18   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, 1845 October 16, 1846 James K. Polk
19   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, 1846 March 17, 1848
20   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, 1848 March 4, 1849
21   Reverdy Johnson Lawyer,

United States Senator from Maryland

Maryland March 8, 1849 July 21, 1850 Zachary Taylor
22   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, 1850 March 4, 1853 Millard Fillmore
23   Caleb Cushing Lawyer,

United States Minister to China,

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

Massachusetts March 7, 1853 March 4, 1857 Franklin Pierce
24   Jeremiah S. Black Lawyer,

Justice of the Pennsylvania Supreme Court

Pennsylvania March 6, 1857 December 16, 1860 James Buchanan
25   Edwin Stanton Lawyer Pennsylvania December 20, 1860 March 4, 1861
26   Edward Bates Lawyer,

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

Attorney General of Missouri

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

Member of the Kentucky House of Representatives

Kentucky December 2, 1864 July 22, 1866
Andrew Johnson
28   Henry Stanbery Lawyer,

Attorney General of Ohio

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

3rd Chief Justice of Oregon Supreme Court

Oregon December 14, 1871 April 25, 1875
33   Edwards Pierrepont Attorney

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

New York April 26, 1875 May 21, 1876
34   Alphonso Taft 31st United States Secretary of War Ohio May 22, 1876 March 4, 1877
35   Charles Devens Judge of Massachusetts superior court Massachusetts March 12, 1877 March 4, 1881 Rutherford B. Hayes
36   Wayne MacVeagh Lawyer,

United States Ambassador to the Ottoman Empire

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

United States Senator from Arkansas,

11th Governor of Arkansas

Arkansas March 6, 1885 March 4, 1889 Grover Cleveland
39   William H. H. Miller Lawyer Indiana March 7, 1889 March 4, 1893 Benjamin Harrison
40   Richard Olney Lawyer Massachusetts March 6, 1893 April 7, 1895 Grover Cleveland
41   Judson Harmon Lawyer Ohio April 8, 1895 March 4, 1897
42   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, 1897 January 25, 1898 William McKinley
43   John W. Griggs Lawyer,

28th Governor of New Jersey

New Jersey January 25, 1898 March 29, 1901
44   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, 1901 June 30, 1904
Theodore Roosevelt
45   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, 1904 December 17, 1906
46   Charles Bonaparte Lawyer,

37th United States Secretary of the Navy

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

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

Pennsylvania March 5, 1919 March 4, 1921
51   Harry M. Daugherty Lawyer

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

Republican Political Operative from Ohio

Ohio March 4, 1921 April 6, 1924 Warren G. Harding
Calvin Coolidge
52   Harlan F. Stone Lawyer New York April 7, 1924 March 1, 1925
53   John G. Sargent Lawyer,

Attorney General of Vermont

Vermont March 7, 1925 March 4, 1929
54   William D. Mitchell Attorney,

18th United States Solicitor General

Minnesota March 4, 1929 March 4, 1933 Herbert Hoover
55   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, 1933 January 1, 1939 Franklin D. Roosevelt
56   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, 1939 January 18, 1940
57   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, 1940 August 25, 1941
58   Francis Biddle Pennsylvania August 26, 1941 June 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   Tom C. Clark Lawyer,

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

Texas June 27, 1945 July 26, 1949
60   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, 1949 April 3, 1952
61   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, 1952 January 20, 1953
62   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, 1953 October 23, 1957 Dwight D. Eisenhower
63   William P. Rogers Attorney,

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

New York October 23, 1957 January 20, 1961
64   Robert F. Kennedy Lawyer Massachusetts January 20, 1961 September 3, 1964 John F. Kennedy
Lyndon B. Johnson
65   Nicholas Katzenbach Illinois September 4, 1964[b] January 28, 1965
Lawyer,

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

January 28, 1965 November 28, 1966
66   Ramsey Clark Texas November 28, 1966[b] 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, 1967 January 20, 1969
67   John N. Mitchell Lawyer New York January 20, 1969 February 15, 1972 Richard Nixon
68   Richard Kleindienst Lawyer,

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

Arizona February 15, 1972 April 30, 1973[12]
69   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[c]
Acting
33rd Solicitor General of the United States (1973–1977) Pennsylvania October 20, 1973 January 4, 1974
70   William B. Saxbe U.S. Senator from Ohio Ohio January 4, 1974 February 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 H. Levi 7th President of the University of Chicago Illinois February 2, 1975 January 20, 1977
  Dick Thornburgh[d]
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, 1977 January 26, 1977 Jimmy Carter
72
 
Griffin Bell Lawyer,

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

Georgia January 26, 1977 August 16, 1979
73   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, 1979 January 19, 1981
74   William French Smith Lawyer California January 23, 1981 February 25, 1985 Ronald Reagan
75   Edwin Meese Counselor to the President (1981–1985) California February 25, 1985 August 12, 1988
76   Dick Thornburgh

Acting United States Attorney General (1977)

Governor of Pennsylvania (1979–1987)

Pennsylvania August 12, 1988 August 15, 1991
George H. W. Bush
77   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[b] November 26, 1991
November 26, 1991 January 20, 1993
Stuart M. Gerson[e]
Acting
United States Assistant Attorney General for the Civil Division (1989–1993) Washington, D.C. January 20, 1993 March 12, 1993 Bill Clinton
78   Janet Reno Attorney,

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

Florida March 12, 1993 January 20, 2001
  Eric Holder[f]
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, 2001 February 2, 2001 George W. Bush
79   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, 2001 February 3, 2005
80   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, 2005 September 17, 2007
  Paul Clement[g]
Acting
Lawyer,

United States Principal Deputy Solicitor General (2001–2004)

43rd United States Solicitor General (2004–2008)

Washington, D.C. September 17, 2007 September 18, 2007
  Peter Keisler[g]
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, 2007 November 9, 2007
81   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, 2007 January 20, 2009
  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, 2009 February 3, 2009 Barack Obama
82   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, 2009 April 27, 2015
83   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, 2015 January 20, 2017
  Sally Yates[h]
Acting
Lawyer,

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

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

Georgia January 20, 2017 January 30, 2017 Donald Trump
  Dana Boente
Acting
Attorney,

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

Virginia January 30, 2017 February 9, 2017
84   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, 2017 November 7, 2018
  Rod Rosenstein
Acting[i]
Attorney,

United States Attorney for the District of Maryland (2005–2017)

United States Deputy Attorney General (2017–2019)

Maryland November 7, 2018
  Matthew Whitaker
Acting[j]
Lawyer,

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

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

Iowa November 7, 2018 February 14, 2019
85   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, 2019 December 23, 2020
  Jeffrey A. Rosen
Acting
Lawyer

12th Deputy Secretary of Transportation (2017–2019)

38th Deputy Attorney General (2019–2020)

Massachusetts December 24, 2020 January 20, 2021
  John Demers
Acting[k]
Lawyer

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

Massachusetts January 20, 2021 Joe Biden
  Monty Wilkinson
Acting
Lawyer Washington, D.C. January 20, 2021 March 11, 2021
86   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, 2021 Incumbent

Line of succession

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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.[27] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump.[28] 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

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See also

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Notes

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  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. ^ a b c 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. ^ a b 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. ^ 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.[21]
  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.[22] Maryland filed an injunction against Whitaker's appointment on this basis.[23] John E. Bies at Lawfare regarded it as an unresolved question.[24] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.[25]
  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.[26]

References

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  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. ^ a b 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. ^ a b c Herz, Michael (2002). "Washington, Patton, Schwarzkopf and ... Ashcroft?". Constitutional Commentary. Archived from the original on May 31, 2019. Retrieved May 31, 2019.
  6. ^ a b 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.
  7. ^ Judiciary Act of 1789, section 35.
  8. ^ Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.
  9. ^ "Salary Table No. 2021-EX Rates of Basic Pay for the Executive Schedule (EX)" (PDF). Archived (PDF) from the original on January 23, 2021.
  10. ^ Gerstein, Josh (January 17, 2017). "Trump will allow U.S. attorneys to stay past Friday". POLITICO. Archived from the original on July 25, 2019. Retrieved July 25, 2019.
  11. ^ Horwitz, Sari (January 30, 2017). "Who is Sally Yates? Meet the acting attorney general Trump fired for 'betraying' the Justice Department". Washington Post. Archived from the original on November 29, 2020. Retrieved July 25, 2019.
  12. ^ a b Stern, Laurence; Johnson, Haynes (May 1, 1973). "3 Top Nixon Aides, Kleindienst Out; President Accepts Full Responsibility; Richardson Will Conduct New Probe". The Washington Post. Archived from the original on March 1, 2019. Retrieved February 28, 2019.
  13. ^ Staff reporter (February 21, 1993). "Stuart Gerson's Parting Shot". The New York Times. Retrieved December 12, 2008. 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 ...
  14. ^ Labaton, Stephen (January 25, 1993). "Notes on Justice; Who's in Charge? Bush Holdover Says He Is, but Two Clinton Men Differ". The New York Times. Retrieved December 12, 2008.
  15. ^ a b Ifill, Gwen (March 12, 1993). "Reno Confirmed in Top Justice Job". The New York Times. Retrieved December 12, 2008. She will replace Acting Attorney General Stuart M. Gerson, a holdover appointee from the Bush Administration. Ms. Reno said he resigned today.
  16. ^ Meyers, Steven Lee (August 27, 2007). "Embattled Attorney General Resigns". The New York Times. Archived from the original on May 10, 2013. Retrieved August 27, 2007.
  17. ^ "President Bush Announces Judge Michael Mukasey as Nominee for Attorney General" Archived November 11, 2017, at the Wayback Machine, White House press release, September 17, 2007
  18. ^ "Bush Text on Attorney General Nomination". NewsOK.com. The Oklahoman. The Associated Press. September 17, 2007. Archived from the original on February 3, 2014. Retrieved September 18, 2007.
  19. ^ Eggen, Dan; Elizabeth Williamson (September 19, 2007). "Democrats May Tie Confirmation to Gonzales Papers". The Washington Post. pp. A10. Archived from the original on April 4, 2012. Retrieved September 19, 2007.
  20. ^ Perez, Evan; Diamond, Jeremy (January 30, 2017). "Trump fires acting AG after she declines to defend travel ban". CNN. Archived from the original on May 2, 2019. Retrieved March 12, 2018.
  21. ^ Blitzer, Ronn (November 7, 2018). "Attorney General Jeff Sessions is Out. Here's What Could Happen Next". Law & Crime. Retrieved September 18, 2024.
  22. ^ Katyal, Neal K. (November 8, 2018). "Opinion | Trump's Appointment of the Acting Attorney General Is Unconstitutional". The New York Times. Archived from the original on June 4, 2023. Retrieved November 15, 2018.
  23. ^ "Maryland Says Matthew Whitaker Appointment As Acting Attorney General Is Unlawful". NPR.org. Archived from the original on November 16, 2018. Retrieved November 15, 2018.
  24. ^ "Matthew Whitaker's Appointment as Acting Attorney General: Three Lingering Questions". Lawfare. November 8, 2018. Archived from the original on November 16, 2018. Retrieved November 15, 2018.
  25. ^ Jarrett, Laura. "DOJ says Whitaker's appointment as acting attorney general is constitutional". CNN. Archived from the original on November 14, 2018. Retrieved November 15, 2018.
  26. ^ "Trump's acting attorney general leaves without creating controversial special counsels". CNN.
  27. ^ "U.S.C. Title 28 – JUDICIARY AND JUDICIAL PROCEDURE". www.gpo.gov. Archived from the original on June 15, 2018. Retrieved June 14, 2018.
  28. ^ "Providing an Order of Succession Within the Department of Justice". Federal Register. April 5, 2017. Archived from the original on April 5, 2017. Retrieved June 14, 2018.
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  34. ^ Prater, Nia (January 12, 2017). "Loretta Lynch Bids Farewell to Justice Department". U.S. News.
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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