Head of the United States Department of Justice
The United States Attorney General (AG ) is the head of the United States Department of Justice , the chief lawyer of the federal government of the United States , and a 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 and 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.
The 85th and current United States Attorney General is William Barr , appointed by President Donald J. Trump .[ 3]
History
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".[ 4]
The Department of Justice was established in 1870 to support the Attorneys 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 significance and age of their respective departments.[ 5]
The title "Attorney General" is an example of a noun (attorney ) followed by a postpositive adjective (general ).[ 6] "General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military ).[ 6] 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.[ 6] [ 7] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals."[ 7]
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 give resignation with effect on the Inauguration Day (January 20) of a new President. The Deputy Attorney General , who is also expected 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 then-Attorney General Loretta Lynch left her position, so the then-Deputy Attorney General Sally Yates , who had also tendered her resignation, was asked to stay on to serve as 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 .[ 8] [ a]
List of Attorneys General
Parties
Federalist (4)
Democratic-Republican (5)
Democratic (33)
Whig (4)
Republican (39)
Status
Denotes service as
acting Attorneys General before appointment or after resignation
No.
Portrait
Name
State of Residence
Took office
Left office
President(s)
style="background: Template:Federalist Party (United States)/meta/color ;" |1
Edmund Randolph
Virginia
September 26, 1789
January 26, 1794
George Washington
style="background: Template:Federalist Party (United States)/meta/color ;" |2
William Bradford
Pennsylvania
January 27, 1794
August 23, 1795
style="background: Template:Federalist Party (United States)/meta/color ;" rowspan="3" |3
Charles Lee
Virginia
December 10, 1795
February 19, 1801
style="background: Template:Federalist Party (United States)/meta/color ;" |
John Adams
style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |4
Levi Lincoln Sr.
Massachusetts
March 5, 1801
March 2, 1805
rowspan=3 style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |
Thomas Jefferson
style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |5
John Breckinridge
Kentucky
August 7, 1805
December 14, 1806
rowspan=2 style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |6
Caesar Augustus Rodney
Delaware
January 20, 1807
December 10, 1811
rowspan=3 style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |
James Madison
style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |7
William Pinkney
Maryland
December 11, 1811
February 9, 1814
style="background: Template:Federalist Party (United States)/meta/color ;" |8
Richard Rush
Pennsylvania
February 10, 1814
November 12, 1817
rowspan=2 style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |9
William Wirt
Virginia
November 13, 1817
March 4, 1829
style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |
James Monroe
style="background: Template:Democratic-Republican Party (United States)/meta/color ;" |
John Quincy Adams
style="background: Template:Democratic Party (United States)/meta/color ;" |10
John Macpherson Berrien
Georgia
March 9, 1829
July 19, 1831
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
Andrew Jackson
style="background: Template:Democratic Party (United States)/meta/color ;" |11
Roger B. Taney
Maryland
July 20, 1831
November 14, 1833
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |12
Benjamin Franklin Butler
New York
November 15, 1833
July 4, 1838
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
Martin Van Buren
style="background: Template:Democratic Party (United States)/meta/color ;" |13
Felix Grundy
Tennessee
July 5, 1838
January 10, 1840
style="background: Template:Democratic Party (United States)/meta/color ;" |14
Henry D. Gilpin
Pennsylvania
January 11, 1840
March 4, 1841
rowspan=2 style="background: Template:Whig Party (United States)/meta/color ;" |15
John J. Crittenden 1st Term
Kentucky
March 5, 1841
September 12, 1841
style="background: Template:Whig Party (United States)/meta/color ;" |
William Henry Harrison
rowspan=3 style="background: Template:Whig Party (United States)/meta/color ;" |
John Tyler
style="background: Template:Democratic Party (United States)/meta/color ;" |16
Hugh S. Legaré
South Carolina
September 13, 1841
June 20, 1843
style="background: Template:Whig Party (United States)/meta/color ;" |17
John Nelson
Maryland
July 1, 1843
March 4, 1845
style="background: Template:Democratic Party (United States)/meta/color ;" |18
John Y. Mason
Virginia
March 5, 1845
October 16, 1846
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
James K. Polk
style="background: Template:Democratic Party (United States)/meta/color ;" |19
Nathan Clifford
Maine
October 17, 1846
March 17, 1848
style="background: Template:Democratic Party (United States)/meta/color ;" |20
Isaac Toucey
Connecticut
June 21, 1848
March 4, 1849
style="background: Template:Whig Party (United States)/meta/color ;" |21
Reverdy Johnson
Maryland
March 8, 1849
July 21, 1850
style="background: Template:Whig Party (United States)/meta/color ;" |
Zachary Taylor
style="background: Template:Whig Party (United States)/meta/color ;" |22
John J. Crittenden 2nd Term
Kentucky
July 22, 1850
March 4, 1853
style="background: Template:Whig Party (United States)/meta/color ;" |
Millard Fillmore
style="background: Template:Democratic Party (United States)/meta/color ;" |23
Caleb Cushing
Massachusetts
March 7, 1853
March 4, 1857
style="background: Template:Democratic Party (United States)/meta/color ;" |
Franklin Pierce
style="background: Template:Democratic Party (United States)/meta/color ;" |24
Jeremiah S. Black
Pennsylvania
March 6, 1857
December 16, 1860
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |
James Buchanan
style="background: Template:Democratic Party (United States)/meta/color ;" |25
Edwin Stanton
Pennsylvania
December 20, 1860
March 4, 1861
style="background: Template:Republican Party (United States)/meta/color ;" |26
Edward Bates
Missouri
March 5, 1861
November 24, 1864
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |
Abraham Lincoln
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |27
James Speed
Kentucky
December 2, 1864
July 22, 1866
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
Andrew Johnson
style="background: Template:Republican Party (United States)/meta/color ;" |28
Henry Stanbery
Ohio
July 23, 1866
July 16, 1868
style="background: Template:Republican Party (United States)/meta/color ;" |29
William M. Evarts
New York
July 17, 1868
March 4, 1869
style="background: Template:Republican Party (United States)/meta/color ;" |30
Ebenezer R. Hoar
Massachusetts
March 5, 1869
November 22, 1870
rowspan=5 style="background: Template:Republican Party (United States)/meta/color ;" |
Ulysses S. Grant
style="background: Template:Republican Party (United States)/meta/color ;" |31
Amos T. Akerman
Georgia
November 23, 1870
December 13, 1871
style="background: Template:Republican Party (United States)/meta/color ;" |32
George Henry Williams
Oregon
December 14, 1871
April 25, 1875
style="background: Template:Republican Party (United States)/meta/color ;" |33
Edwards Pierrepont
New York
April 26, 1875
May 21, 1876
style="background: Template:Republican Party (United States)/meta/color ;" |34
Alphonso Taft
Ohio
May 22, 1876
March 4, 1877
style="background: Template:Republican Party (United States)/meta/color ;" |35
Charles Devens
Massachusetts
March 12, 1877
March 4, 1881
style="background: Template:Republican Party (United States)/meta/color ;" |
Rutherford B. Hayes
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |36
Wayne MacVeagh
Pennsylvania
March 5, 1881
December 15, 1881
style="background: Template:Republican Party (United States)/meta/color ;" |
James A. Garfield
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |
Chester A. Arthur
style="background: Template:Republican Party (United States)/meta/color ;" |37
Benjamin H. Brewster
Pennsylvania
December 16, 1881
March 4, 1885
style="background: Template:Democratic Party (United States)/meta/color ;" |38
Augustus Garland
Arkansas
March 6, 1885
March 4, 1889
style="background: Template:Democratic Party (United States)/meta/color ;" |
Grover Cleveland
style="background: Template:Republican Party (United States)/meta/color ;" |39
William H. H. Miller
Indiana
March 7, 1889
March 4, 1893
style="background: Template:Republican Party (United States)/meta/color ;" |
Benjamin Harrison
style="background: Template:Democratic Party (United States)/meta/color ;" |40
Richard Olney
Massachusetts
March 6, 1893
April 7, 1895
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |
Grover Cleveland
style="background: Template:Democratic Party (United States)/meta/color ;" |41
Judson Harmon
Ohio
April 8, 1895
March 4, 1897
style="background: Template:Republican Party (United States)/meta/color ;" |42
Joseph McKenna
California
March 5, 1897
January 25, 1898
rowspan=3 style="background: Template:Republican Party (United States)/meta/color ;" |
William McKinley
style="background: Template:Republican Party (United States)/meta/color ;" |43
John W. Griggs
New Jersey
January 25, 1898
March 29, 1901
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |44
Philander C. Knox
Pennsylvania
April 5, 1901
June 30, 1904
rowspan=3 style="background: Template:Republican Party (United States)/meta/color ;" |
Theodore Roosevelt
style="background: Template:Republican Party (United States)/meta/color ;" |45
William Henry Moody
Massachusetts
July 1, 1904
December 17, 1906
style="background: Template:Republican Party (United States)/meta/color ;" |46
Charles Bonaparte
Maryland
December 17, 1906
March 4, 1909
style="background: Template:Republican Party (United States)/meta/color ;" |47
George W. Wickersham
New York
March 4, 1909
March 4, 1913
style="background: Template:Republican Party (United States)/meta/color ;" |
William Howard Taft
style="background: Template:Democratic Party (United States)/meta/color ;" |48
James C. McReynolds
Tennessee
March 5, 1913
August 29, 1914
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
Woodrow Wilson
style="background: Template:Democratic Party (United States)/meta/color ;" |49
Thomas Watt Gregory
Texas
August 29, 1914
March 4, 1919
style="background: Template:Democratic Party (United States)/meta/color ;" |50
A. Mitchell Palmer
Pennsylvania
March 5, 1919
March 4, 1921
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |51
Harry M. Daugherty
Ohio
March 4, 1921
April 6, 1924
style="background: Template:Republican Party (United States)/meta/color ;" |
Warren G. Harding
rowspan=3 style="background: Template:Republican Party (United States)/meta/color ;" |
Calvin Coolidge
style="background: Template:Republican Party (United States)/meta/color ;" |52
Harlan F. Stone
New York
April 7, 1924
March 1, 1925
style="background: Template:Republican Party (United States)/meta/color ;" |53
John G. Sargent
Vermont
March 7, 1925
March 4, 1929
style="background: Template:Republican Party (United States)/meta/color ;" |54
William D. Mitchell
Minnesota
March 4, 1929
March 4, 1933
style="background: Template:Republican Party (United States)/meta/color ;" |
Herbert Hoover
style="background: Template:Democratic Party (United States)/meta/color ;" |55
Homer Stille Cummings
Connecticut
March 4, 1933
January 1, 1939
rowspan=4 style="background: Template:Democratic Party (United States)/meta/color ;" |
Franklin D. Roosevelt
style="background: Template:Democratic Party (United States)/meta/color ;" |56
Frank Murphy
Michigan
January 2, 1939
January 18, 1940
style="background: Template:Democratic Party (United States)/meta/color ;" |57
Robert H. Jackson
New York
January 18, 1940
August 25, 1941
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |58
Francis Biddle
Pennsylvania
August 26, 1941
June 26, 1945
rowspan=4 style="background: Template:Democratic Party (United States)/meta/color ;" |
Harry S. Truman
style="background: Template:Democratic Party (United States)/meta/color ;" |59
Tom C. Clark
Texas
June 27, 1945
July 26, 1949
style="background: Template:Democratic Party (United States)/meta/color ;" |60
J. Howard McGrath
Rhode Island
July 27, 1949
April 3, 1952
style="background: Template:Democratic Party (United States)/meta/color ;" |61
James P. McGranery
Pennsylvania
April 4, 1952
January 20, 1953
style="background: Template:Republican Party (United States)/meta/color ;" |62
Herbert Brownell Jr.
New York
January 21, 1953
October 23, 1957
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |
Dwight D. Eisenhower
style="background: Template:Republican Party (United States)/meta/color ;" |63
William P. Rogers
New York
October 23, 1957
January 20, 1961
style="background: Template:Democratic Party (United States)/meta/color ;" rowspan="3" |64
Robert F. Kennedy
Massachusetts
January 20, 1961
September 3, 1964
style="background: Template:Democratic Party (United States)/meta/color ;" |
John F. Kennedy
Lyndon B. Johnson
style="background: Template:Democratic Party (United States)/meta/color ;" rowspan="5" |
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |65
Nicholas Katzenbach
Illinois
September 4, 1964[ b]
January 28, 1965
January 28, 1965
November 28, 1966
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |66
Ramsey Clark
Texas
November 28, 1966[ b]
March 10, 1967
March 10, 1967
January 20, 1969
style="background: Template:Republican Party (United States)/meta/color ;" |67
John N. Mitchell
New York
January 20, 1969
February 15, 1972
rowspan=5 style="background: Template:Republican Party (United States)/meta/color ;" |
Richard Nixon
style="background: Template:Republican Party (United States)/meta/color ;" |68
Richard Kleindienst
Arizona
February 15, 1972
April 30, 1973[ 10]
style="background: Template:Republican Party (United States)/meta/color ;" |69
Elliot Richardson
Massachusetts
April 30, 1973[ 10]
October 20, 1973
–
Robert Bork [ c] Acting
Pennsylvania
October 20, 1973
January 4, 1974
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |70
William B. Saxbe
Ohio
January 4, 1974
January 14, 1975
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |
Gerald Ford
style="background: Template:Republican Party (United States)/meta/color ;" |71
Edward H. Levi
Illinois
January 14, 1975
January 20, 1977
–
Dick Thornburgh [ d] Acting
Pennsylvania
January 20, 1977
January 26, 1977
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
Jimmy Carter
style="background: Template:Democratic Party (United States)/meta/color ;" |72
Griffin Bell
Georgia
January 26, 1977
August 16, 1979
style="background: Template:Democratic Party (United States)/meta/color ;" |73
Benjamin Civiletti
Maryland
August 16, 1979
January 19, 1981
style="background: Template:Republican Party (United States)/meta/color ;" |74
William French Smith
California
January 23, 1981
February 25, 1985
rowspan=3 style="background: Template:Republican Party (United States)/meta/color ;" |
Ronald Reagan
style="background: Template:Republican Party (United States)/meta/color ;" |75
Edwin Meese
California
February 25, 1985
August 12, 1988
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |76
Dick Thornburgh
Pennsylvania
August 12, 1988
August 15, 1991
rowspan=3 style="background: Template:Republican Party (United States)/meta/color ;" |
George H. W. Bush
rowspan=2 style="background: Template:Republican Party (United States)/meta/color ;" |77
William Barr 1st Term
Washington, D.C.
August 16, 1991[ b]
November 26, 1991
November 26, 1991
January 20, 1993
–
Stuart M. Gerson [ e] Acting
Washington, D.C.
January 20, 1993
March 12, 1993
rowspan=2 style="background: Template:Democratic Party (United States)/meta/color ;" |
Bill Clinton
style="background: Template:Democratic Party (United States)/meta/color ;" |78
Janet Reno
Florida
March 12, 1993
January 20, 2001
–
Eric Holder [ f] Acting
Washington, D.C.
January 20, 2001
February 2, 2001
rowspan=6 style="background: Template:Republican Party (United States)/meta/color ;" |
George W. Bush
style="background: Template:Republican Party (United States)/meta/color ;" |79
John Ashcroft
Missouri
February 2, 2001
February 3, 2005
style="background: Template:Republican Party (United States)/meta/color ;" |80
Alberto Gonzales
Texas
February 3, 2005
September 17, 2007
–
Paul Clement [ g] Acting
Washington, D.C.
September 17, 2007
September 18, 2007
–
Peter Keisler [ g] Acting
Washington, D.C.
September 18, 2007
November 9, 2007
style="background: Template:Republican Party (United States)/meta/color ;" |81
Michael Mukasey
New York
November 9, 2007
January 20, 2009
–
Mark Filip Acting
Illinois
January 20, 2009
February 3, 2009
rowspan=3 style="background: Template:Democratic Party (United States)/meta/color ;" |
Barack Obama
style="background: Template:Democratic Party (United States)/meta/color ;" |82
Eric Holder
Washington, D.C.
February 3, 2009
April 27, 2015
style="background: Template:Democratic Party (United States)/meta/color ;" |83
Loretta Lynch
New York
April 27, 2015
January 20, 2017
–
Sally Yates [ h] Acting
Georgia
January 20, 2017
January 30, 2017
rowspan=5 style="background: Template:Republican Party (United States)/meta/color ;" |
Donald Trump
–
Dana Boente Acting
Virginia
January 30, 2017
February 9, 2017
style="background: Template:Republican Party (United States)/meta/color ;" |84
Jeff Sessions
Alabama
February 9, 2017
November 7, 2018
–
Matthew Whitaker Acting [ i]
Iowa
November 7, 2018
February 14, 2019
style="background: Template:Republican Party (United States)/meta/color ;" |85
William Barr 2nd Term
Virginia
February 14, 2019
Incumbent
As of October 2024, there are ten 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 on November 7, 2016 (served 1993–2001, born 1938). William Barr , who served from 1991–1993, returned to the post and is currently serving, excluding him from this list.
Name
Term of office
Date of birth (and age)
Ramsey Clark
1967–1969
(1927-12-18 ) December 18, 1927 (age 96)
Benjamin Civiletti
1979–1981
(1935-07-17 ) July 17, 1935 (age 89)
Edwin Meese
1985–1988
(1931-12-02 ) December 2, 1931 (age 92)
Dick Thornburgh
1988–1991
(1932-07-16 ) July 16, 1932 (age 92)
John Ashcroft
2001–2005
(1942-05-09 ) May 9, 1942 (age 82)
Alberto Gonzales
2005–2007
(1955-08-04 ) August 4, 1955 (age 69)
Michael Mukasey
2007–2009
(1941-07-28 ) July 28, 1941 (age 83)
Eric Holder
2009–2015
(1951-01-21 ) January 21, 1951 (age 73)
Loretta Lynch
2015–2017
(1959-05-21 ) May 21, 1959 (age 65)
Jeff Sessions
2017–2018
(1946-12-24 ) December 24, 1946 (age 77)
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.[ 24] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump.[ 25] The current line of succession is:
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, Justice Management 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 Eastern District of Virginia
United States Attorney for the Eastern District of North Carolina
United States Attorney for the Northern District of Texas
See also
Notes
^ 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.[ 9]
^ a b c 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 .[ 11] [ 12] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[ 13] Janet Reno , President Clinton's nominee for attorney general, was confirmed on March 12,[ 14] and he resigned the same day.[ 14]
^ 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.
^ 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.[ 15] 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.[ 16] [ 17] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later.[ 18] 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 stating that the Department of Justice would not defend an executive order in court.[ 19]
^ 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.[ 20] Maryland filed an injunction against Whitaker's appointment on this basis.[ 21] John E. Bies at Lawfare regarded it as an unresolved question.[ 22] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.[ 23]
References
^ "3 U.S. Code § 19 - Vacancy in offices of both President and Vice President; officers eligible to act" . Retrieved November 7, 2018 .
^ 5 U.S.C. § 5312 .
^ Fandos, Nicholas; Benner, Katie (February 14, 2019). "Senate Confirms William Barr as Attorney General" . The New York Times . ISSN 0362-4331 . Retrieved February 14, 2019 .
^ Judiciary Act of 1789 , section 35.
^ Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly . p. 87.
^ a b c Herz, Michael (2002). "Washington, Patton, Schwarzkopf and ... Ashcroft?" . Constitutional Commentary .
^ a b Garner, Bryan A. "LawProse Lesson #116: What's the plural form of attorney general? And what is the plural possessive?" . Above the Law . Retrieved May 31, 2019 .
^ Gerstein, Josh. "Trump will allow U.S. attorneys to stay past Friday" . POLITICO . Retrieved July 25, 2019 .
^ Horwitz, Sari (January 30, 2017). "Who is Sally Yates? Meet the acting attorney general Trump fired for 'betraying' the Justice Department" . Washington Post . Retrieved July 25, 2019 .
^ 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 . Retrieved February 28, 2019 .
^ Cahoon, Ben (2000). "United States Government" . World Statesmen. Retrieved December 12, 2008 . January 20, 1993 – March 12, 1993 Stuart M. Gerson (acting) (b. 1944)
^ 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...
^ 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 .
^ a b 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.
^ Meyers, Steven Lee (August 27, 2007). "Embattled Attorney General Resigns" . The New York Times . Retrieved August 27, 2007 .
^ "President Bush Announces Judge Michael Mukasey as Nominee for Attorney General" , White House press release, September 17, 2007
^
"Bush Text on Attorney General Nomination" . NewsOK.com . The Oklahoman . The Associated Press . September 17, 2007. Retrieved September 18, 2007 .
^
Eggen, Dan; Elizabeth Williamson (September 19, 2007). "Democrats May Tie Confirmation to Gonzales Papers" . Washington Post . pp. A10. Retrieved September 19, 2007 .
^ Perez, Evan; Diamond, Jeremy (January 30, 2017). "Trump fires acting AG after she declines to defend travel ban" . CNN. Retrieved March 12, 2018 .
^ "Opinion | Trump's Appointment of the Acting Attorney General Is Unconstitutional" . Retrieved November 15, 2018 .
^ "Maryland Says Matthew Whitaker Appointment As Acting Attorney General Is Unlawful" . NPR.org . Retrieved November 15, 2018 .
^ "Matthew Whitaker's Appointment as Acting Attorney General: Three Lingering Questions" . Lawfare . November 8, 2018. Retrieved November 15, 2018 .
^ Jarrett, Laura. "DOJ says Whitaker's appointment as acting attorney general is constitutional" . CNN . Retrieved November 15, 2018 .
^ "U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE" . www.gpo.gov . Retrieved June 14, 2018 .
^ "Providing an Order of Succession Within the Department of Justice" . Federal Register . April 5, 2017. Retrieved June 14, 2018 .
External links
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act as president • ** Ambiguity exists concerning eligibility to act as president