United States Attorney General

Attorney General of the United States
Seal of the Department of Justice
Flag of the Attorney General
Incumbent
Jeff Sessions
since February 9, 2017
United States Department of Justice
Style Mr. Attorney General
(informal)
The Honorable
(formal)
Member of Cabinet
Reports to President of the United States
Seat Washington, D.C.
Appointer The President
with Senate advice and consent
Term length No fixed term
Constituting instrument Judiciary Act of 1789
Formation September 26, 1789
First holder Edmund Randolph
Succession Seventh[1]
Deputy Deputy Attorney General
Salary $205,700 annually (Executive Schedule, level I)[2]
Website www.justice.gov

The United States Attorney General (A.G.) is the head of the United States Department of Justice per 28 U.S.C. § 503, concerned with all legal affairs, and is the chief lawyer of the United States government. In cases of the federal death penalty, the power to seek the death penalty rests with the Attorney General.

Under the Appointments Clause of the Constitution, the Attorney General is nominated by the President and appointed with the advice and consent of the Senate. The Constitution provides that civil officers of the United States, which would include the Attorney General, may be impeached by Congress for treason, bribery, or "high crimes and misdemeanors".[3] The Attorney General may be removed at will by the President under the Supreme Court decision Myers v. United States, which found that the President may remove executive branch officials without the consent of the Senate or any other entity. The common law further suggests that the President has the power to remove an official engaged in purely executive functions or an official whose duties immediately affect the President's ability to fulfill his constitutional responsibilities, (Bowsher v. Synar, 1986).

History

Congress passed the Judiciary Act of 1789 which, besides 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 or her 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."[4]

The Department of Justice was established in 1870 to support the Attorney General in the discharge of their responsibilities.

The Attorney General, the Secretary of State, the Secretary of the Treasury, and the Secretary of Defense are generally regarded as the four most important cabinet officials in the United States because of the importance and age of their respective departments.[5]

Presidential transition

It is the practice for the Attorney General, along with many other public officials, to give resignation with effect on the Inauguration Day (January 20) of a new President. The Deputy Attorney General, who is also required to tender their resignation, is commonly requested to stay on and act as Attorney General pending the confirmation by the Senate of the new Attorney General.

For example, on the inauguration of President Donald Trump on January, 20, 2017, the tenure of the then Attorney General Loretta Lynch was brought to an end, and the Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on and be 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.

List of Attorneys General

Parties

  No party (1)   Federalist (3)   Democratic-Republican (5)   Democratic (34)   Whig (4)   Republican (38)

Status
  Denotes service as acting Attorneys General prior to appointment or after resignation
No. Portrait Name State of Residence Took office Left office President(s)
1 Edmund Randolph Virginia September 26, 1789 January 26, 1794 George Washington
2 William Bradford Pennsylvania January 27, 1794 August 23, 1795
3 Charles Lee Virginia December 10, 1795 February 19, 1801
John Adams
4 Levi Lincoln Sr. Massachusetts March 5, 1801March 2, 1805 Thomas Jefferson
5 John Breckinridge Kentucky August 7, 1805 December 14, 1806
6 Caesar A. Rodney Delaware January 20, 1807 December 10, 1811
James Madison
7 William Pinkney Maryland December 11, 1811 February 9, 1814
8 Richard Rush Pennsylvania February 10, 1814 November 12, 1817
9 William Wirt Virginia November 13, 1817 March 4, 1829 James Monroe
John Quincy Adams
10 John M. Berrien Georgia March 9, 1829 July 19, 1831 Andrew Jackson
11 Roger B. Taney Maryland July 20, 1831 November 14, 1833
12 Benjamin Franklin Butler New York November 15, 1833 July 4, 1838
Martin Van Buren
13 Felix Grundy Tennessee July 5, 1838 January 10, 1840
14 Henry D. Gilpin Pennsylvania January 11, 1840 March 4, 1841
15 John J. Crittenden Kentucky March 5, 1841 September 12, 1841 William Henry Harrison
John Tyler
16 Hugh S. Legaré South Carolina September 13, 1841 June 20, 1843
17 John Nelson Maryland July 1, 1843 March 4, 1845
18 John Y. Mason Virginia March 5, 1845 October 16, 1846 James K. Polk
19 Nathan Clifford Maine October 17, 1846 March 17, 1848
20 Isaac Toucey Connecticut June 21, 1848 March 4, 1849
21 Reverdy Johnson Maryland March 8, 1849 July 21, 1850 Zachary Taylor
22 John J. Crittenden Kentucky July 22, 1850 March 4, 1853 Millard Fillmore
23 Caleb Cushing Massachusetts March 7, 1853 March 4, 1857 Franklin Pierce
24 Jeremiah S. Black Pennsylvania March 6, 1857 December 16, 1860 James Buchanan
25 Edwin M. Stanton Pennsylvania December 20, 1860 March 4, 1861
26 Edward Bates Missouri March 5, 1861 November 24, 1864 Abraham Lincoln
27 James Speed Kentucky December 2, 1864 July 22, 1866
Andrew Johnson
28 Henry Stanbery Ohio July 23, 1866 July 16, 1868
29 William M. Evarts New York July 17, 1868 March 4, 1869
30 Ebenezer R. Hoar Massachusetts March 5, 1869 November 22, 1870 Ulysses S. Grant
31 Amos T. Akerman Georgia November 23, 1870 December 13, 1871
32 George Henry Williams Oregon December 14, 1871 April 25, 1875
33 Edwards Pierrepont New York April 26, 1875 May 21, 1876
34 Alphonso Taft Ohio (born in Vermont) May 22, 1876 March 4, 1877
35 Charles Devens Massachusetts March 12, 1877 March 4, 1881 Rutherford B. Hayes
36 Wayne MacVeagh Pennsylvania March 5, 1881 December 15, 1881 James A. Garfield
Chester A. Arthur
37 Benjamin H. Brewster Pennsylvania December 16, 1881 March 4, 1885
38 Augustus H. Garland Arkansas March 6, 1885 March 4, 1889 Grover Cleveland
39 William H. H. Miller Indiana March 7, 1889 March 4, 1893 Benjamin Harrison
40 Richard Olney Massachusetts March 6, 1893 April 7, 1895 Grover Cleveland
41 Judson Harmon Ohio April 8, 1895 March 4, 1897
42 Joseph McKenna California March 5, 1897 January 25, 1898 William McKinley
43 John W. Griggs New Jersey January 25, 1898 March 29, 1901
44 Philander C. Knox Pennsylvania April 5, 1901 June 30, 1904
Theodore Roosevelt
45 William H. Moody Massachusetts July 1, 1904 December 17, 1906
46 Charles J. Bonaparte Maryland December 17, 1906 March 4, 1909
47 George W. Wickersham New York March 4, 1909 March 4, 1913 William Howard Taft
48 James C. McReynolds Tennessee March 5, 1913 August 29, 1914 Woodrow Wilson
49 Thomas Watt Gregory Texas August 29, 1914 March 4, 1919
50 Alexander Mitchell Palmer Pennsylvania March 5, 1919 March 4, 1921
51 Harry M. Daugherty Ohio March 4, 1921 April 6, 1924 Warren G. Harding
Calvin Coolidge
52 Harlan F. Stone New York April 7, 1924 March 1, 1925
53 John G. Sargent Vermont March 7, 1925 March 4, 1929
54 William D. Mitchell Minnesota March 4, 1929 March 4, 1933 Herbert Hoover
55 Homer Stille Cummings Connecticut March 4, 1933 January 1, 1939 Franklin D. Roosevelt
56 Frank Murphy Michigan January 2, 1939 January 18, 1940
57 Robert H. Jackson New York January 18, 1940 August 25, 1941
58 Francis Biddle Pennsylvania August 26, 1941 June 26, 1945
Harry S Truman
59 Tom C. Clark Texas June 27, 1945 July 26, 1949
60 J. Howard McGrath Rhode Island July 27, 1949 April 3, 1952
61 James P. McGranery Pennsylvania April 4, 1952 January 20, 1953
62 Herbert Brownell Jr. New York January 21, 1953 October 23, 1957 Dwight D. Eisenhower
63 William P. Rogers Maryland October 23, 1957 January 20, 1961
64 Robert F. Kennedy Massachusetts January 20, 1961 September 3, 1964 John F. Kennedy
Lyndon B. Johnson
65 Nicholas Katzenbach Illinois September 4, 1964[1] January 28, 1965
January 28, 1965 November 28, 1966
66 Ramsey Clark Texas November 28, 1966[1] March 10, 1967
March 10, 1967 January 20, 1969
67 John N. Mitchell New York January 20, 1969 February 15, 1972 Richard Nixon
68 Richard Kleindienst Arizona February 15, 1972 May 25, 1973
69 Elliot Richardson Massachusetts May 25, 1973 October 20, 1973
– Robert Bork[3]
Acting		 Pennsylvania October 20, 1973 January 4, 1974
70 William B. Saxbe Ohio January 4, 1974 January 14, 1975
Gerald Ford
71 Edward H. Levi Illinois January 14, 1975 January 20, 1977
– Dick Thornburgh[2]
Acting		 Pennsylvania January 20, 1977 January 26, 1977 Jimmy Carter
72 Griffin Bell Georgia January 26, 1977 August 16, 1979
73 Benjamin Civiletti Maryland August 16, 1979 January 19, 1981
74 William French Smith California January 23, 1981 February 25, 1985 Ronald Reagan
75 Edwin Meese California February 25, 1985 August 12, 1988
76 Dick Thornburgh Pennsylvania August 12, 1988 August 15, 1991
George H. W. Bush
77 William P. Barr New York August 16, 1991[1] November 26, 1991
November 26, 1991 January 20, 1993
– Stuart M. Gerson[4]
Acting		 Washington, D.C. January 20, 1993 March 12, 1993 Bill Clinton
78 Janet Reno Florida March 12, 1993 January 20, 2001
– Eric Holder[2]
Acting		 Washington, D.C. January 20, 2001 February 2, 2001 George W. Bush
79 John Ashcroft Missouri February 2, 2001 February 3, 2005
80 Alberto Gonzales Texas February 3, 2005 September 17, 2007
– Paul Clement[5]
Acting		 Washington, D.C. September 17, 2007 September 18, 2007
– Peter Keisler[5]
Acting		 Washington, D.C. September 18, 2007 November 9, 2007
81 Michael Mukasey New York November 9, 2007 January 20, 2009
– Mark Filip[6]
Acting		 Illinois January 20, 2009 February 3, 2009 Barack Obama
82 Eric Holder Washington, D.C. February 3, 2009 April 27, 2015
83 Loretta Lynch New York April 27, 2015 January 20, 2017
– Sally Yates
Acting		 Georgia January 20, 2017 January 30, 2017 Donald Trump
– Dana Boente
Acting		 Virginia January 30, 2017 February 9, 2017
84 Jeff Sessions Alabama February 9, 2017 Incumbent

Living former U.S. Attorneys General

As of October 2018, there are eleven, living former US Attorneys General, the oldest being Ramsey Clark (served 1967–1969, born 1927). The most recent Attorney General to die was Janet Reno (served 1993–2001, born 1938) on November 7, 2016.

NameTerm of officeDate of birth (and age)
Ramsey Clark 1967–1969 December 18, 1927
Benjamin Civiletti 1979–1981 July 17, 1935
Edwin Meese 1985–1988 December 2, 1931
Dick Thornburgh 1988–1991 July 16, 1932
William P. Barr 1991–1993 May 23, 1950
John Ashcroft 2001–2005 May 9, 1942
Alberto Gonzales 2005–2007 August 4, 1955
Michael Mukasey 2007–2009 July 28, 1941
Eric Holder 2009–2015 January 21, 1951
Loretta Lynch 2015–2017 May 21, 1959

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.[6] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump.[7] 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

  • 5 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.[13] According to administration officials, Clement took that office at 12:01 am September 17, 2007, and left office 24 hours later.[14] 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.[15][16] Keisler served as acting attorney general until the nomination of Michael Mukasey on November 9, 2007.
  • 6 Deputy Attorney General Mark Filip was asked to assume the position of acting attorney general by then President-elect Obama.[17] Filip led the Department while President Obama's nominee, then Attorney-General Designate Eric Holder, awaited confirmation by the United States Senate.[18][19] Holder was confirmed on February 2, 2009,[20] and sworn in the next day,[21] thus ending Filip's tenure as the acting attorney general.

References

  1. ↑ "3 U.S. Code § 19 - Vacancy in offices of both President and Vice President; officers eligible to act".
  2. ↑ 5 U.S.C. § 5312.
  3. ↑ "Impeachment | US House of Representatives: History, Art & Archives". history.house.gov. Retrieved 2018-07-29.
  4. ↑ Judiciary Act of 1789, section 35.
  5. ↑ Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.
  6. ↑ "U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE". www.gpo.gov. Retrieved 2018-06-14.
  7. ↑ "Providing an Order of Succession Within the Department of Justice". Federal Register. 2017-04-05. Retrieved 2018-06-14.
  8. ↑ Cahoon, Ben (2000). "United States Government". World Statesmen. Retrieved December 12, 2008. January 20, 1993 – March 12, 1993 Stuart M. Gerson (acting) (b. 1944)
  9. 1 2 Staff reporter (February 21, 1993). "Stuart Gerson's Parting Shot". 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...
  10. ↑ 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.
  11. 1 2 Scruggs, Richard; Steven Zipperstein; Robert Lyon; Victor Gonzalez; Herbert Cousins; Roderick Beverly (October 8, 1993). "Report to the Deputy Attorney General on the Events at Waco, Texas February 28 to April 19, 1993". Department of Justice. Archived from the original on May 30, 2009. Retrieved January 27, 2010.
  12. 1 2 Ifill, Gwen (March 12, 1993). "Reno Confirmed in Top Justice Job". 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.
  13. ↑ Meyers, Steven Lee (August 27, 2007). "Embattled Attorney General Resigns". The New York Times. Retrieved August 27, 2007.
  14. ↑ Eggen, Dan; Elizabeth Williamson (September 19, 2007). "Democrats May Tie Confirmation to Gonzales Papers". Washington Post. pp. A10. Retrieved September 19, 2007.
  15. ↑ "President Bush Announces Judge Michael Mukasey as Nominee for Attorney General", White House press release, September 17, 2007
  16. ↑ "Bush Text on Attorney General Nomination". NewsOK.com. The Oklahoman. The Associated Press. September 17, 2007. Retrieved September 18, 2007.
  17. ↑ Staff reporter (January 15, 2009). "Obama asks U.S. Attorneys to stay 'for the time being'". CNN Political Ticker. Retrieved January 21, 2009. In addition, Obama's transition team has asked current Deputy Attorney General Mark Filip, also a Bush appointee, to serve as Acting Attorney General replacing outgoing Attorney General Michael Mukasey. )
  18. ↑ Staff reporter (January 21, 2009). "Bush Appointees Holding Down the Fort While Obama Nominees Await Confirmation". FOX News. Archived from the original on April 29, 2009. Retrieved February 4, 2009. While Holder waits for his confirmation, Bush appointee Mark Filip is acting attorney general. A former U.S. District Court judge in Illinois, the native Chicagoan holds a law degree from Harvard and was a lecturer at the University of Chicago Law School. Holder was supposed to have faced a confirmation vote on Wednesday, but scheduling conflicts necessitated a delay in the Senate.
  19. ↑ "Acting Attorney General Mark Filip." United States Department of Justice. January 20, 2009. (Archived by WebCite at https://www.webcitation.org/5eJ6TAbgg)
  20. ↑ Staff reporter (February 3, 2009). "Obama attorney-general confirmed". BBC News. Retrieved February 3, 2009. President Barack Obama's choice for attorney-general, Eric Holder, has been confirmed in the post by the US Senate.
  21. ↑ Staff (n.d.). "USDOJ: Office of the Attorney General". US Department of Justice. Retrieved February 3, 2009. Alberto Gonzales. was sworn in as the 83rd Attorney General of the United States on March 22, 2013 by Vice-President Joe Biden. President Barack Obama announced his intention to nominate Mr. Gonzales on December 1, 2012.
Current U.S. order of precedence (ceremonial)
Preceded by
James Mattis
as Secretary of Defense		 Order of Precedence of the United States
as Attorney General		 Succeeded by
Ryan Zinke
as Secretary of the Interior
Current U.S. presidential line of succession
Preceded by
Secretary of Defense
Jim Mattis		 7th in line Succeeded by
Secretary of the Interior
Ryan Zinke
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