Under theAppointments Clause of theUnited States Constitution, the officeholder is nominated by the president of the United States, and, following a confirmation hearing before theSenate Judiciary Committee, will take office if confirmed by the majority of the fullUnited States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputy attorneys general.
The title Attorney General is an example of a noun (attorney) followed by apostpositive adjective (general).[4] "General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military).[4] Even though the attorney general (and the similarly titledsolicitor general) is occasionally referred to as "General" or "General [last name]" by senior government officials, this is considered incorrect in standardAmerican English usage.[4][5] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals".[5]
Congress passed theJudiciary 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 theSupreme Court in which the United States shall be concerned, and to give his advice and opinion uponquestions of law when required by the president of the United States, or when requested by the heads of any of the departments".[6] Some of these duties have since been transferred to theUnited States solicitor general and theWhite House counsel.
TheDepartment of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.
Additionally, the attorney general advises the president of the United States on appointments to federal judicial positions and Department of Justice roles, including U.S. Attorneys and U.S. Marshals. While the attorney general may represent the United States in theSupreme Court and other courts, this is typically handled by the solicitor general.[9][10] The attorney general also performs or supervises other duties as required by statute or executive order.
It is the practice for the attorney general, along with the other Cabinet secretaries and high-levelpolitical appointees of the president, to tender a resignation with effect at noon on theInauguration Day (January 20) of a new president. Thedeputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general, pursuant to28 U.S.C.§ 508, pending theconfirmation by the Senate of the new attorney general.
For example, upon the inauguration of PresidentDonald Trump at noon on January 20, 2017, then-Attorney GeneralLoretta Lynch left her position, so then-Deputy Attorney GeneralSally Yates, who had also tendered her resignation, was asked to stay on to serve as the acting attorney general, pursuant to28 U.S.C.§ 508, until the confirmation of the new attorney generalJeff Sessions, who had been nominated for the office in November 2016 by then-President-elect Donald Trump.[11][a]
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.[34] Furthermore, the most recentExecutive 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 PresidentJoe Biden on January 3, 2025, and published in theFederal Register on January 13, 2025[31], but was revoked by PresidentDonald Trump on January 20, 2025[35] 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:
^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 anexecutive order of the incoming administration.[12]
^abcServed as acting attorney general in his capacity asdeputy attorney general, pursuant to28 U.S.C.§ 508, until his own appointment and confirmation as attorney general.
^Ruckelshaus served as acting attorney general in his capacity asdeputy attorney general for a few hours following the resignation ofElliot Richardson as attorney general on October 20, 1973, pursuant to28 U.S.C.§ 508, until his own resignation after serving as acting attorney general for a few hours. Richardson’s and Ruckelshaus’ resignations both occurred during the "Saturday Night Massacre".
^Renfrew served asdeputy attorney general from February 27, 1980 until the end of the day on January 19, 1981 and as acting attorney general in his capacity asdeputy attorney general, pursuant to28 U.S.C.§ 508, from the beginning of the day on January 20, 1981, following the resignation ofBenjamin Civiletti as attorney general at the end of the day on January 19, 1981, untilWilliam French Smith assumed office as attorney general on January 23, 1981.
^Gerson served as acting attorney general in his capacity asAssistant Attorney General for theDOJ Civil Division.[14] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[15]Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 11,[16] and he resigned when Reno was sworn in the next day.[16]
^Holder served as acting attorney general in his capacity asdeputy attorney general following the resignation ofJanet Reno as attorney general at noon on January 20, 2001, pursuant to28 U.S.C.§ 508, untilJohn Ashcroft assumed office as attorney general on February 2, 2001. Holder later served as attorney general from 2009–2015.
^abOn August 27, 2007, President Bush named Solicitor GeneralPaul Clement as the future acting attorney general, to take office upon the resignation ofAlberto Gonzales, effective September 17, 2007.[17] On September 17, President Bush announced thatAssistant Attorney General for theDOJ Civil DivisionPeter Keisler would become acting attorney general, pending a permanent appointment of a presidential nominee.[18][19] According to administration officials, Clement became acting attorney general at 12:01am September 17, 2007, and left office 24 hours later.[20] Keisler served as acting attorney general until the confirmation ofMichael Mukasey on November 9, 2007.
^Filip served as acting attorney general in his capacity asdeputy attorney general following the resignation ofMichael Mukasey as attorney general at noon on January 20, 2009, pursuant to28 U.S.C.§ 508, untilEric Holder assumed office as attorney general on February 3, 2009.
^Yates served as acting attorney general in her capacity asdeputy attorney general following the resignation ofLoretta Lynch as attorney general at noon on January 20, 2017, pursuant to28 U.S.C.§ 508, until she was fired on January 30, 2017, after saying the Department of Justice would not defend anexecutive order in court.[21]
^Following the resignation ofJeff Sessions as attorney general at the request of PresidentDonald Trump, Rosenstein served as acting attorney general in his capacity asdeputy attorney general for a few hours on November 7, 2018, pursuant to28 U.S.C.§ 508, until Trump signed an executive order namingMatthew Whitaker as acting attorney general later that day.[24]
^The legality of Matthew Whitaker's appointment as acting attorney general wascalled into question by several constitutional scholars. Among those includedNeal Katyal andGeorge T. Conway III, who asserted it is unconstitutional, because the Attorney General is a principal officer under theAppointments Clause, and thus requires senate consent, even in an acting capacity.[25] Maryland filed aninjunction against Whitaker's appointment on this basis.[26] John E. Bies atLawfare regarded it as an unresolved question.[27] The DOJOffice of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.[28]
^Rosen served as acting attorney general in his capacity asdeputy attorney general beginning at the beginning of the day on December 24, 2020, following the resignation ofWilliam Barr as attorney general at the end of the day on December 23, 2020, pursuant to 28 U.S. Code § 508 - Vacancies[29].
^Demers served as acting attorney general in his capacity asAssistant Attorney General for theDOJ National Security Division for a few hours following the resignation ofJeffrey Rosen as acting attorney general at noon on January 20, 2021 until PresidentJoe Biden signed an executive order naming Deputy Assistant Attorney General for Human Resources and AdministrationMonty Wilkinson as acting attorney general later that day.[30]
^Monaco served as acting attorney general in her capacity asdeputy attorney general for a couple of hours following the resignation ofMerrick Garland at noon on January 20, 2025, pursuant to28 U.S.C.§ 508, until her own resignation after a couple of hours of serving as acting attorney general withGary M. Restaino then serving as acting attorney general in his capacity asUnited States Attorney for theDistrict of Arizona, pursuant to Executive Order 14136 titled "Providing an Order of Succession Within the Department of Justice" that was signed by PresidentJoe Biden on January 3, 2025 and published in theFederal Register on January 13, 2025[31], for a few hours until PresidentDonald Trump signed an executive order naming DOJ Chief Administrative Hearing OfficerJames McHenry as acting attorney general later in the day on January 20, 2025.[32]
^Restaino served as acting attorney general in his capacity asUnited States Attorney for theDistrict of Arizona, pursuant to Executive Order 14136 titled "Providing an Order of Succession Within the Department of Justice" that was signed by PresidentJoe Biden on January 3, 2025 and published in theFederal Register on January 13, 2025[31], for a few hours following the resignation ofMerrick Garland as attorney general at noon on January 20, 2025 and the subsequent resignation ofLisa Monaco as acting attorney general a couple of hours after the resignation of Garland as attorney general. PresidentDonald Trump signed an executive order naming DOJ Chief Administrative Hearing OfficerJames McHenry as acting attorney general later in the day on January 20, 2025.[33]
^Staff reporter (February 21, 1993)."Stuart Gerson's Parting Shot".The New York Times. RetrievedDecember 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...
^abIfill, Gwen (March 12, 1993)."Reno Confirmed in Top Justice Job".The New York Times. RetrievedDecember 12, 2008.She will replace Acting Attorney General Stuart M. Gerson, a holdover appointee from the Bush Administration. Ms. Reno said he resigned today.