United States Attorney General

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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 legal affairs, and is the chief law enforcement officer and chief lawyer of the United States government. Also in cases of the federal death penalty, the power to seek the death penalty rests with the Attorney General.

The Attorney General is appointed by the President of the United States and takes office after confirmation by the United States Senate. He or she is subject to summary dismissal by the President and impeachment by Congress. The current Attorney General is Jeff Sessions, who assumed the office on February 9, 2017. The Attorney General is a member of the Cabinet and is seventh in the presidential line of succession.


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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."

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 because of the importance and age of their departments.


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Presidential transition

It is the practice for the Attorney General, along with many other public officials, to tender their resignation with effect on the Inauguration Day (20 January) 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. However, Yates was dismissed by Trump on 30 January 2017 before Sessions had been confirmed. Dana Boente automatically succeeded Yates as Acting Attorney General as the next available successor in the line of succession. Boente, who was the United States Attorney for the Eastern District of Virginia, was the most senior Justice Department official whose resignation had not been accepted by Trump. When Sessions was confirmed and sworn in as Attorney General on February 9, 2017, Boente became Acting Deputy Attorney General. On March 10, 2017, Sessions oversaw the firing of 46 United States Attorneys, leaving only his acting Deputy Dana Boente and nominated Deputy Rod Rosenstein in place. Rosenstein's appointment was subject to Senate confirmation. Rosenstein was confirmed on April 25, 2017 and became Deputy Attorney General on April 26, 2017, and Boente reverted to his permanent position.

As at May 12, 2017, 205 of the 207 senior Justice Department positions subject to presidential appointment were still awaiting nomination and then confirmation. Hearings by the Senate Committee on the Judiciary of four presidential nominees are still to take place. Deputy United States Attorneys, who are career officials, were left in an acting capacity for the Attorneys.


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List of Attorneys General

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


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Living former U.S. Attorneys General

As of July 2017, 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.


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Line of succession

On February 9, 2017, President Donald Trump signed an Executive Order which modified the line of succession for the Attorney General. Under Executive Order 13762 signed by President Obama on January 13, 2017, before leaving office, the line of succession was:

  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):
    1. Solicitor General of the United States
    2. Assistant Attorney General, Antitrust Division
    3. Assistant Attorney General, Civil Division
    4. Assistant Attorney General, Civil Rights Division
    5. Assistant Attorney General, Criminal Division
    6. Assistant Attorney General, National Security Division
    7. Assistant Attorney General, Environment and Natural Resources Division
    8. Assistant Attorney General, Justice Management Division
    9. Assistant Attorney General, Tax Division
    10. Assistant Attorney General, Office of Justice Programs
    11. Assistant Attorney General, Office of Legal Counsel
    12. Assistant Attorney General, Office of Legal Policy
    13. Assistant Attorney General, Office of Legislative Affairs
  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

Source of the article : Wikipedia



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