United States Attorney General
head of the United States Department of Justice From Wikipedia, the free encyclopedia
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The United States attorney general (AG) is the head of the United States Department of Justice (DOJ) concerned with legal affairs and is the chief law enforcement officer of the federal government of the United States. The Attorney General is considered to be the chief lawyer of the U.S. government. The Attorney General is a member of the President's Cabinet, but is the only cabinet department head who is not given the title Secretary.
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List of attorneys general

Parties
Federalist (4) Democratic-Republican (5) Democratic (34) Whig (4) Republican (40)
Status
Denotes acting capacity.
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Line of succession
28 U.S.C. § 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.[21] Furthermore, the most recent Executive Order pertaining to the line of succession, Executive Order 14136 titled “Providing an Order of Succession Within the Department of Justice” that was signed by President Joe Biden on January 3, 2025 and published in the Federal Register on January 13, 2025[22] but was revoked by President Donald Trump on January 20, 2025[23] and has yet to be replaced with another executive order pertaining to the line of succession, defines subsequent positions. The most recent line of succession was:
- United States Deputy Attorney General
- United States Associate Attorney General
- Other officers potentially designated by the attorney general (in no particular order):
- Solicitor General of the United States
- Assistant Attorney General, Antitrust Division
- Assistant Attorney General, Civil Division
- Assistant Attorney General, Civil Rights Division
- Assistant Attorney General, Criminal Division
- Assistant Attorney General, National Security Division
- Assistant Attorney General, Environment and Natural Resources Division
- Assistant Attorney General, Tax Division
- Assistant Attorney General, Office of Justice Programs
- Assistant Attorney General, Office of Legal Counsel
- Assistant Attorney General, Office of Legal Policy
- Assistant Attorney General, Office of Legislative Affairs
- United States Attorney for the Southern District of New York
- United States Attorney for the District of Arizona
- United States Attorney for the Northern District of Illinois
- United States Attorney for the District of Hawaii
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Notes
- Served as acting attorney general in his capacity as deputy attorney general, until his own appointment and confirmation as attorney general.
- 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.
- 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.
- Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ Civil Division.[4] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[5] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 11,[6] and he resigned when Reno was sworn in the next day.[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.
- 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.[7] 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.[8][9] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later.[10] Keisler served as acting attorney general until the confirmation of Michael Mukasey on November 9, 2007.
- 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.[11]
- Served as acting attorney general in his capacity as United States Attorney for the District of Columbia for a few minutes to a few hours following the dismissal of Sally Yates on January 30, 2017 pursuant to Executive Order 13762 titled “Providing an Order of Succession Within the Department of Justice” that was signed by President Barack Obama on January 13, 2017 and published in the Federal Register on January 19, 2017 due to the fact that all of the other officials ahead of Phillips listed in that executive order had either resigned their positions leaving their positions vacant or were serving in their positions in an acting capacity and were thus ineligible to lawfully succeed to the position of acting attorney general upon the dismissal of Sally Yates on January 30, 2017 pursuant to that executive order leaving Phillips next in line to lawfully succeed to the position of acting attorney general at that time pursuant to that executive order and Phillips had therefore automatically succeeded to the position of acting attorney general at that time pursuant to that executive order.[12] President Donald Trump signed an executive order naming United States Attorney for the Eastern District of Virginia Dana Boente as acting attorney general a few minutes to a few hours after the dismissal of Sally Yates and automatic succession of Phillips to the position of acting attorney general.
- 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 minutes to a few hours on November 7, 2018 until Trump signed an executive order naming Matthew Whitaker as acting attorney general later that day.[13]
- 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.[14] Maryland filed an injunction against Whitaker's appointment on this basis.[15] John E. Bies at Lawfare regarded it as an unresolved question.[16] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.[17]
- 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.[18]
- Served as acting attorney general in his capacity as United States Attorney for the District of Arizona for a few hours following the resignation of Merrick Garland at noon on January 20, 2025 pursuant to Executive Order 14136 titled “Providing an Order of Succession Within the Department of Justice” that was signed by President Joe Biden on January 3, 2025 and published in the Federal Register on January 13, 2025 due to the fact that all of the other officials ahead of Restaino listed in that executive order had either resigned their positions leaving their positions vacant or were serving in their positions in an acting capacity and were thus ineligible to lawfully succeed to the position of acting attorney general upon the resignation of Merrick Garland at noon on January 20, 2025 pursuant to that executive order leaving Restaino next in line to lawfully succeed to the position of acting attorney general at that time pursuant to that executive order and Restaino had therefore automatically succeeded to the position of acting attorney general at that time pursuant to that executive order.[19] President Donald Trump signed an executive order naming DOJ Chief Administrative Hearing Officer James McHenry as acting attorney general later that day.[20]
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References
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