United States Attorney General

United States Attorney General
	; Seal of the Department of Justice;
	; Flag of the Attorney General;
	; ; Incumbent; William Barr; since February 14, 2019
	United States Department of Justice
Style	Mr. Attorney General
Member of	Cabinet
Reports to	President of the United States
Seat	; Department of Justice Headquarters, Washington, D.C.;
Appointer	The President; with Senate advice and consent;
Term length	No Fixed Term
Constituting instrument	; 28 U.S.C. § 503; Judiciary Act of 1789;
Formation	September 26, 1789
First holder	Edmund Randolph
Succession	; Seventh;
Deputy	Deputy Attorney General
Salary	; Executive Schedule, level I;
Website	www.justice.gov

Head of the United States Department of Justice

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

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 U.S. Constitution provides that civil officers of the United States, which would include the U.S. Attorney General, may be impeached by Congress for treason, bribery or high crimes and misdemeanors.^[3] The United States Attorney General may be removed at will by the President of the United States under the Supreme Court decision Myers v. United States, which found that executive branch officials may be removed without the consent of any entity.^[4] In cases of the federal death penalty, the power to seek the death penalty rests with the U.S. Attorney General.

The current Attorney General is William Barr.^[5]

History[edit]

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."^[6]

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 significance and age of their respective departments.^[7]

Presidential transition[edit]

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[edit]

Parties

  Federalist (4)
  Democratic-Republican (5)
  Democratic (33)
  Whig (4)
  Republican (39)

Status

Denotes service as acting Attorneys General prior to appointment or after resignation

No.	Name	State of Residence	Took office	Left office
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
3	Charles Lee	Virginia	December 10, 1795	February 19, 1801	John Adams
4	Levi Lincoln Sr.	Massachusetts	March 5, 1801	March 2, 1805	Thomas Jefferson
5	John Breckinridge	Kentucky	August 7, 1805	December 14, 1806
6	Caesar Augustus Rodney	Delaware	January 20, 1807	December 10, 1811
6	Caesar Augustus 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
9	William Wirt	Virginia	November 13, 1817	March 4, 1829	John Quincy Adams
10	John Macpherson 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
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 1st Term	Kentucky	March 5, 1841	September 12, 1841	William Henry Harrison
15	John J. Crittenden 1st Term	Kentucky	March 5, 1841	September 12, 1841	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 2nd Term	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 Stanton	Pennsylvania	December 20, 1860	March 4, 1861	James Buchanan
26	Edward Bates	Missouri	March 5, 1861	November 24, 1864	Abraham Lincoln
27	James Speed	Kentucky	December 2, 1864	July 22, 1866	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
36	Wayne MacVeagh	Pennsylvania	March 5, 1881	December 15, 1881	Chester A. Arthur
37	Benjamin H. Brewster	Pennsylvania	December 16, 1881	March 4, 1885	Chester A. Arthur
38	Augustus 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	Grover Cleveland
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
44	Philander C. Knox	Pennsylvania	April 5, 1901	June 30, 1904	Theodore Roosevelt
45	William Henry Moody	Massachusetts	July 1, 1904	December 17, 1906
46	Charles 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	A. Mitchell Palmer	Pennsylvania	March 5, 1919	March 4, 1921
51	Harry M. Daugherty	Ohio	March 4, 1921	April 6, 1924	Warren G. Harding
51	Harry M. Daugherty	Ohio	March 4, 1921	April 6, 1924	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
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	Dwight D. Eisenhower
64	Robert F. Kennedy	Massachusetts	January 20, 1961	September 3, 1964	John F. Kennedy
64	Robert F. Kennedy	Massachusetts	January 20, 1961	September 3, 1964	Lyndon B. Johnson
65	Nicholas Katzenbach	Illinois	September 4, 1964^[a]	January 28, 1965
65	Nicholas Katzenbach	Illinois	January 28, 1965	November 28, 1966
66	Ramsey Clark	Texas	November 28, 1966^[a]	March 10, 1967
66	Ramsey Clark	Texas	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	April 30, 1973^[8]
69	Elliot Richardson	Massachusetts	April 30, 1973^[8]	October 20, 1973
–	Robert Bork^[b] Acting	Pennsylvania	October 20, 1973	January 4, 1974
70	William B. Saxbe	Ohio	January 4, 1974	January 14, 1975
70	William B. Saxbe	Ohio	January 4, 1974	January 14, 1975	Gerald Ford
71	Edward H. Levi	Illinois	January 14, 1975	January 20, 1977	Gerald Ford
–	Dick Thornburgh^[c] 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
76	Dick Thornburgh	Pennsylvania	August 12, 1988	August 15, 1991	George H. W. Bush
77	William Barr 1st Term	New York	August 16, 1991^[a]	November 26, 1991
77	William Barr 1st Term	New York	November 26, 1991	January 20, 1993
–	Stuart M. Gerson^[d] Acting	Washington, D.C.	January 20, 1993	March 12, 1993	Bill Clinton
78	Janet Reno	Florida	March 12, 1993	January 20, 2001	Bill Clinton
–	Eric Holder^[e] 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^[f] Acting	Washington, D.C.	September 17, 2007	September 18, 2007
–	Peter Keisler^[f] Acting	Washington, D.C.	September 18, 2007	November 9, 2007
81	Michael Mukasey	New York	November 9, 2007	January 20, 2009
–	Mark Filip 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^[g] 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	November 7, 2018
–	Matthew Whitaker Acting^[h]	Iowa	November 7, 2018	February 14, 2019
85	William Barr 2nd Term	Virginia	February 14, 2019	Incumbent

Living former U.S. Attorneys General[edit]

As of March 2019, 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 91)
Benjamin Civiletti	1979–1981	(1935-07-17) July 17, 1935 (age 83)
Edwin Meese	1985–1988	(1931-12-02) December 2, 1931 (age 87)
Dick Thornburgh	1988–1991	(1932-07-16) July 16, 1932 (age 86)
John Ashcroft	2001–2005	(1942-05-09) May 9, 1942 (age 76)
Alberto Gonzales	2005–2007	(1955-08-04) August 4, 1955 (age 63)
Michael Mukasey	2007–2009	(1941-07-28) July 28, 1941 (age 77)
Eric Holder	2009–2015	(1951-01-21) January 21, 1951 (age 68)
Loretta Lynch	2015–2017	(1959-05-21) May 21, 1959 (age 59)
Jeff Sessions	2017–2018	(1946-12-24) December 24, 1946 (age 72)

Line of succession[edit]

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.^[22] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump.^[23] 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

Notes[edit]

^ ^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.^[9]^[10] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.^[11]Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,^[12] and he resigned the same day.^[12]

^ 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.^[13] 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.^[14]^[15] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later.^[16] 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.^[17]

^ 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.^[18] Maryland filed an injunction against Whitaker's appointment on this basis.^[19] John E. Bies at Lawfare regarded it as an unresolved question.^[20] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.^[21]

References[edit]

^ "3 U.S. Code § 19 - Vacancy in offices of both President and Vice President; officers eligible to act". Retrieved November 7, 2018..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"""""""'""'"}.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}

^ 5 U.S.C. § 5312.

^ "Impeachment | US House of Representatives: History, Art & Archives". history.house.gov. Retrieved July 29, 2018.

^ The common law further suggests that the U.S. President has the power to remove an official engaged in purely executive functions or whose duties immediately affect the ability to fulfill his constitutional responsibilities (Bowsher v. Synar, 1986).

^ Fandos, Nicholas; Benner, Katie (2019-02-14). "Senate Confirms William Barr as Attorney General". The New York Times. ISSN 0362-4331. Retrieved 2019-02-14.

^ Judiciary Act of 1789, section 35.

^ Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.

^ ^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 2018-11-15.

^ "Maryland Says Matthew Whitaker Appointment As Acting Attorney General Is Unlawful". NPR.org. Retrieved 2018-11-15.

^ "Matthew Whitaker's Appointment as Acting Attorney General: Three Lingering Questions". Lawfare. 2018-11-08. Retrieved 2018-11-15.

^ CNN, Laura Jarrett,. "DOJ says Whitaker's appointment as acting attorney general is constitutional". CNN. Retrieved 2018-11-15.

^ "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[edit]

Official website

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
U.S. presidential line of succession
Preceded by Secretary of Defense Jim Mattis	7th in line	Succeeded by Secretary of the Interior Ryan Zinke

[dag-self-8] Served as acting attorney general in his capacity as deputy attorney general, until his own appointment and confirmation as attorney general.

[10] 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.

[11] 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.

[16] Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ Civil Division.^[9]^[10] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.^[11]Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,^[12] and he resigned the same day.^[12]

[17] 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.

[clement-keisler-22] 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] 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.^[14]^[15] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later.^[16] Keisler served as acting attorney general until the confirmation of Michael Mukasey on November 9, 2007.

[24] 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.^[17]

[MW-constitution-29] 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.^[18] Maryland filed an injunction against Whitaker's appointment on this basis.^[19] John E. Bies at Lawfare regarded it as an unresolved question.^[20] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.^[21]

[1] "3 U.S. Code § 19 - Vacancy in offices of both President and Vice President; officers eligible to act". Retrieved November 7, 2018..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output .citation q{quotes:"""""""'""'"}.mw-parser-output .citation .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-limited a,.mw-parser-output .citation .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .citation .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-ws-icon a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/12px-Wikisource-logo.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-maint{display:none;color:#33aa33;margin-left:0.3em}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}

[UnitedStatesCode|5|5312-2] 5 U.S.C. § 5312.

[3] "Impeachment | US House of Representatives: History, Art & Archives". history.house.gov. Retrieved July 29, 2018.

[4] The common law further suggests that the U.S. President has the power to remove an official engaged in purely executive functions or whose duties immediately affect the ability to fulfill his constitutional responsibilities (Bowsher v. Synar, 1986).

[5] Fandos, Nicholas; Benner, Katie (2019-02-14). "Senate Confirms William Barr as Attorney General". The New York Times. ISSN 0362-4331. Retrieved 2019-02-14.

[6] Judiciary Act of 1789, section 35.

[7] Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.

[:0-9] 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.

[ben-12] Cahoon, Ben (2000). "United States Government". World Statesmen. Retrieved December 12, 2008. January 20, 1993 – March 12, 1993 Stuart M. Gerson (acting) (b. 1944)

[shot-13] 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...

[nyt-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.

[reno-15] 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.

[18] Meyers, Steven Lee (August 27, 2007). "Embattled Attorney General Resigns". The New York Times. Retrieved August 27, 2007.

[19] "President Bush Announces Judge Michael Mukasey as Nominee for Attorney General", White House press release, September 17, 2007

[NYTimes-Associated_Press-Bush_Text-2007-09-17-20] 
"Bush Text on Attorney General Nomination". NewsOK.com. The Oklahoman. The Associated Press. September 17, 2007. Retrieved September 18, 2007.

[WPost-Eggen-2007-09-19-21] 
Eggen, Dan; Elizabeth Williamson (September 19, 2007). "Democrats May Tie Confirmation to Gonzales Papers". Washington Post. pp. A10. Retrieved September 19, 2007.

[23] Perez, Evan; Diamond, Jeremy (January 30, 2017). "Trump fires acting AG after she declines to defend travel ban". CNN. Retrieved March 12, 2018.

[25] "Opinion | Trump's Appointment of the Acting Attorney General Is Unconstitutional". Retrieved 2018-11-15.

[26] "Maryland Says Matthew Whitaker Appointment As Acting Attorney General Is Unlawful". NPR.org. Retrieved 2018-11-15.

[27] "Matthew Whitaker's Appointment as Acting Attorney General: Three Lingering Questions". Lawfare. 2018-11-08. Retrieved 2018-11-15.

[28] CNN, Laura Jarrett,. "DOJ says Whitaker's appointment as acting attorney general is constitutional". CNN. Retrieved 2018-11-15.

[30] "U.S.C. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE". www.gpo.gov. Retrieved June 14, 2018.

[31] "Providing an Order of Succession Within the Department of Justice". Federal Register. April 5, 2017. Retrieved June 14, 2018.

v t e United States Attorneys General
18th century	Randolph Bradford Lee
19th century	Lincoln Breckinridge Rodney Pinkney Rush Wirt Berrien Taney Butler Grundy Gilpin Crittenden Legaré Nelson Mason Clifford Toucey Johnson Crittenden Cushing Black Stanton Bates Speed Stanbery Evarts Hoar Akerman Williams Pierrepont Taft Devens MacVeagh Brewster Garland Miller Olney Harmon McKenna Griggs
20th century	Knox Moody Bonaparte Wickersham McReynolds Gregory Palmer Daugherty Stone Sargent W. D. Mitchell Cummings Murphy Jackson Biddle T. C. Clark McGrath McGranery Brownell Rogers Kennedy Katzenbach R. Clark J. N. Mitchell Kleindienst Richardson Saxbe Levi Bell Civiletti Smith Meese Thornburgh Barr Reno
21st century	Ashcroft Gonzales Mukasey Holder Lynch Sessions Barr

v t e Agencies under the United States Department of Justice
Headquarters: Robert F. Kennedy Department of Justice Building William Barr, Attorney General Rod Rosenstein, Deputy Attorney General
Deputy Attorney General	Justice Management Division Criminal Division National Security Division Bureau of Alcohol, Tobacco, Firearms and Explosives Drug Enforcement Administration Federal Bureau of Investigation Bureau of Prisons (National Institute of Corrections) United States Marshals Service Executive Office for Immigration Review Office of the Pardon Attorney Office of Professional Responsibility Office of Tribal Justice Professional Responsibility Advisory Office Executive Office for Organized Crime Drug Enforcement Task Forces Executive Office for United States Attorneys United States Attorneys' Offices INTERPOL Washington--United States National Central Bureau United States Parole Commission Office of Legal Counsel Office of Legal Policy Office of Legislative Affairs Office of Public Affairs Department of Justice Office of the Inspector General Special Counsel's Office
Associate Attorney General	Office of Justice Programs Office on Violence Against Women Office of Community Oriented Policing Services Office of Information Policy Foreign Claims Settlement Commission of the United States Antitrust Division Civil Division Civil Rights Division Environment and Natural Resources Division Tax Division Executive Office for United States Trustees Community Relations Service
Assistant Attorneys General	Antitrust Division Civil Division Civil Rights Division Criminal Division National Security Division Environment and Natural Resources Division Justice Management Division Tax Division Office of Legal Counsel Office of Legal Policy Office of Legislative Affairs Office of Justice Programs
Solicitor General

v t e Leaders of the United States federal executive departments
Current	Agriculture Commerce Defense Education Energy Health and Human Services Homeland Security Housing and Urban Development Interior Justice Labor State Transportation Treasury Veterans Affairs
Past	Commerce and Labor Health, Education, and Welfare Navy Post Office War

v t e Attorneys General of the Individual States
States	Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Federal district	Washington, D.C.
Insular areas	American Samoa Guam Northern Mariana Islands Puerto Rico U.S. Virgin Islands

v t e Attorneys General of the Americas
North America Central America South America Caribbean
Sovereign states	Antigua and Barbuda Argentina Bahamas Barbados Belize Bolivia Brazil Canada Chile Colombia Costa Rica Cuba Dominica Dominican Republic Ecuador El Salvador Grenada Guatemala Guyana Haiti Honduras Jamaica Mexico Nicaragua Panama Paraguay Peru Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago United States Uruguay Venezuela
Dependencies and other territories	Anguilla Aruba Bermuda Bonaire British Virgin Islands Cayman Islands Curaçao Falkland Islands French Guiana Greenland Guadeloupe Martinique Montserrat Puerto Rico Saint Barthélemy Saint Martin Saint Pierre and Miquelon Saba Sint Eustatius Sint Maarten South Georgia and the South Sandwich Islands Turks and Caicos Islands US Virgin Islands

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