United States Attorney General Explained

Post:United States Attorney General
Flag:Flag of the United States Attorney General.svg
Flagborder:yes
Flagsize:125
Flagcaption:Flag of the United States Attorney General
Insignia:Seal of the United States Department of Justice.svg
Insigniasize:125
Insigniacaption:Seal of the Department of Justice
Incumbent:James McHenry
Acting:yes
Incumbentsince:January 20, 2025
Department:United States Department of Justice
Style:Mr. Attorney General (informal)
The Honorable (formal)
Member Of:Cabinet
National Security Council
Homeland Security Council
Reports To:President
Seat:Robert F. Kennedy Department of Justice Building
Washington, D.C.
Appointer:President
Appointer Qualified:with Senate advice and consent
Termlength:No fixed term
Formation:September 26, 1789
First:Edmund Randolph
Succession:Seventh[1]
Deputy:Deputy Attorney General
Salary:Executive Schedule, LevelI

The United States attorney general is the head of the United States Department of Justice and serves as the chief law enforcement officer of the federal government. The attorney general acts as the principal legal advisor to the president of the United States on all legal matters. The attorney general is also a statutory member of the Cabinet of the United States and a member of the United States National Security Council. Additionally, the attorney general is seventh in the presidential line of succession.

Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, and, following a confirmation hearing before the Senate Judiciary Committee, will take office if confirmed by the majority of the full United States Senate. The attorney general is supported by the Office of the Attorney General, which includes executive staff and several deputy attorneys general.

On January 20, 2025, President Donald J. Trump named James McHenry as acting attorney general, pending Pam Bondi's Senate confirmation.[2]

The attorney general is a Level I position in the Executive Schedule and thus earns the salary prescribed for that level: $250,600, as of January 2025.

Name

The title, "Attorney General" is an example of a noun (attorney) followed by a postpositive adjective (general).[3] "General" is a description of the type of attorney, not a title or rank in itself (as it would be in the military). Even though the attorney general (and the similarly titled solicitor general) is occasionally referred to as "General" or "General [last name]" by senior government officials, this is considered incorrect in standard American English usage.[4] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals".

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".[5] Some of these duties have since been transferred to the United States solicitor general and the White House counsel.

The Department of Justice was established in 1870 to support the attorneys general in the discharge of their responsibilities.

The secretary of state, the secretary of the treasury, the secretary of defense, and the attorney general are regarded as the four most important Cabinet officials in the United States because of the size and importance of their respective departments.[6]

Attorney General is a LevelI position in the Executive Schedule,[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 tender a resignation with effect on the Inauguration Day (January 20) of a new president. The deputy attorney general is also expected to tender a resignation, but is commonly requested to stay on and act as the attorney general pending the confirmation by the Senate of the new attorney general.

For example, upon the inauguration of President Donald Trump on January 20, 2017, then-Attorney General Loretta Lynch left her position, so then-Deputy Attorney General Sally Yates, who had also tendered her resignation, was asked to stay on to serve as the 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.[9]

List of attorneys general

Parties

(4) (5) (34) (4) (40)

Status

No.class=unsortable PortraitNameState of residenceTook officeLeft officePresident(s)
Virginia
(1789–1797)
Pennsylvania
Virginia

(1797–1801)
Massachusetts
(1801–1809)
Kentucky
Delaware

(1809–1817)
Maryland
Pennsylvania
Virginia
(1817–1825)

(1825–1829)
Georgia
(1829–1837)
Maryland
New York

(1837–1841)
Tennessee
Pennsylvania
15
Kentucky
(1841)

(1841–1845)
South Carolina
17Maryland
Virginia
(1845–1849)
Maine
Connecticut
21Maryland
(1849–1850)
22
Kentucky
(1850–1853)
Massachusetts
(1853–1857)
Pennsylvania
(1857–1861)
Pennsylvania
Missouri
(1861–1865)
Kentucky

(1865–1869)
Ohio
New York
Massachusetts
(1869–1877)
Georgia
Oregon
New York
Ohio
Massachusetts
(1877–1881)
Pennsylvania
(1881)

(1881–1885)
Pennsylvania
Arkansas
(1885–1889)
Indiana
(1889–1893)
Massachusetts
(1893–1897)
Ohio
California
(1897–1901)
New Jersey
Pennsylvania

(1901–1909)
Massachusetts
Maryland
New York
(1909–1913)
Tennessee
(1913–1921)
Texas
Pennsylvania
Ohio
(1921–1923)

(1923–1929)
New York
Vermont
Minnesota
(1929–1933)
Connecticut
(1933–1945)
Michigan
New York
Pennsylvania
(1945–1953)
Texas
Rhode Island
Pennsylvania
New York
(1953–1961)
New York
Massachusetts
(1961–1963)

(1963–1969)
Illinois
Texas
New York
(1969–1974)
Arizona[10]
Massachusetts

Pennsylvania
Ohio

(1974–1977)
Illinois

Pennsylvania
(1977–1981)
Georgia
Maryland
California
(1981–1989)
California
Pennsylvania

(1989–1993)

Virginia

Washington, D.C.
(1993–2001)
Florida

Washington, D.C.
(2001–2009)
Missouri
Texas

Washington, D.C.

Washington, D.C.
New York

Illinois
(2009–2017)
Washington, D.C.
New York

Georgia
(2017–2021)

Virginia
Alabama

Maryland

Iowa

Virginia

Massachusetts

Massachusettsalign=center bgcolor="#E6E6AA" align=center bgcolor="#E6E6AA"
(2021–2025)

Washington, D.C.
Maryland
[11]
Incumbent
(2025–present)

Line of succession

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.[12] Furthermore, an Executive Order defines subsequent positions, the most recent from March 31, 2017, signed by President Donald Trump.[13] 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

Notable figures

See also

External links

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Notes and References

  1. Web site: 3 U.S. Code § 19 – Vacancy in offices of both President and Vice President; officers eligible to act. November 7, 2018. December 26, 2018. https://web.archive.org/web/20181226123834/https://www.law.cornell.edu/uscode/text/3/19. live.
  2. Web site: 2025-01-20 . President Trump Announces Acting Cabinet and Cabinet-Level Positions . 2025-01-28 . The White House . en-US.
  3. Herz . Michael . 2002 . Washington, Patton, Schwarzkopf and ... Ashcroft? . Constitutional Commentary . May 31, 2019 . May 31, 2019 . https://web.archive.org/web/20190531193854/https://scholarship.law.umn.edu/concomm/771/ . live .
  4. Web site: Garner . Bryan A. . LawProse Lesson #116: What's the plural form of attorney general? And what is the plural possessive? . May 31, 2019 . Above the Law . May 2013 . en-US.
  5. [Judiciary Act of 1789]
  6. Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.
  7. Web site: Salary Table No. 2021-EX Rates of Basic Pay for the Executive Schedule (EX). https://web.archive.org/web/20210123013351/https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2021/EX.pdf . January 23, 2021 . live.
  8. thus earning a salary of US$221,400, as of January 2021.[7]
  9. Web site: Trump will allow U.S. attorneys to stay past Friday . January 17, 2017 . Gerstein . Josh . POLITICO . en . July 25, 2019 . July 25, 2019 . https://web.archive.org/web/20190725210502/https://www.politico.com/story/2017/01/trump-us-attorneys-233740 . live .
  10. Web site: 3 Top Nixon Aides, Kleindienst Out; President Accepts Full Responsibility; Richardson Will Conduct New Probe . Stern . Laurence . May 1, 1973 . The Washington Post. February 28, 2019 . Johnson . Haynes . March 1, 2019 . https://web.archive.org/web/20190301074640/https://www.washingtonpost.com/politics/3-top-nixon-aides-kleindienst-out-president-accepts-full-responsibility-richardson-will-conduct-new-probe/2012/06/04/gJQAx7oFJV_story.html . live.
  11. Web site: Trump taps longtime immigration official as acting attorney general . Politico . Gerstein . Josh . January 20, 2025 . January 22, 2025.
  12. Web site: U.S.C. Title 28 – JUDICIARY AND JUDICIAL PROCEDURE. www.gpo.gov. June 14, 2018. June 15, 2018. https://web.archive.org/web/20180615032226/https://www.gpo.gov/fdsys/pkg/USCODE-2016-title28/html/USCODE-2016-title28-partII-chap31-sec508.htm. live.
  13. News: Providing an Order of Succession Within the Department of Justice. April 5, 2017. Federal Register. June 14, 2018. April 5, 2017. https://web.archive.org/web/20170405143719/https://www.federalregister.gov/documents/2017/04/05/2017-06971/providing-an-order-of-succession-within-the-department-of-justice. live.
  14. Book: LaGumina . Salvatore J. . The Italian American Experience: An Encyclopedia . Cavaioli . Frank J. . Primeggia . Salvatore . Varacalli . Joseph A. . 2003-09-02 . Routledge . 978-1-135-58333-0 . en.
  15. Web site: #05-591: 11-03-05 NEW AWARD CREATED TO HONOR FORMER ATTORNEY GENERAL EDWARD H. LEVI . 2018-12-11 . www.justice.gov.
  16. Book: Magill, Frank N. . The 20th Century O-Z: Dictionary of World Biography . 2013-05-13 . Routledge . 9781136593697 . en.
  17. Web site: Alberto Gonzales becomes first Hispanic U.S. attorney general February 3, 2005 . 2024-05-18 . HISTORY . en.
  18. Book: Rennison . Callie Marie . Introduction to Criminal Justice: Systems, Diversity, and Change . Dodge . Mary . 2016-12-01 . SAGE Publications . 9781506347745.
  19. Web site: Prater . Nia . January 12, 2017 . Loretta Lynch Bids Farewell to Justice Department . U.S. News.