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United States Attorney General

Head of the US Department of Justice From Wikipedia, the free encyclopedia

United States Attorney General

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.

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Quick Facts Style, Member of ...
United States Attorney General
Thumb
Seal of the Department of Justice
Thumb
Flag of the attorney general
Thumb
Incumbent
Pam Bondi
since February 5, 2025
United States Department of Justice
StyleMadam Attorney General (informal)
The Honorable (formal)
Member ofCabinet
National Security Council
Homeland Security Council
Reports toPresident
SeatRobert F. Kennedy Department of Justice Building
Washington, D.C.
AppointerPresident
with Senate advice and consent
Term lengthNo fixed term
Constituting instrument28 U.S.C. § 503
FormationSeptember 26, 1789
First holderEdmund Randolph
SuccessionSeventh[1]
DeputyDeputy Attorney General
SalaryExecutive Schedule, Level I[2]
Websitewww.justice.gov/ag
Close

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.

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).[3] 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.[3][4] For the same reason, the correct American English plural form is "attorneys general" rather than "attorney generals".[4]

History

Thumb
Seal of the Department of Justice

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]

The attorney general is a Level I position in the Executive Schedule,[2] thus earning a salary of US$221,400, as of January 2021.[7]

Duties and Responsibilities

Summarize
Perspective

The attorney general's duties and responsibilities as the chief law enforcement officer of the federal government include overseeing the United States Department of Justice, enforcing federal laws, and providing both formal and informal legal advice and opinions to the president of the United States, the cabinet, and the heads of executive departments and agencies. The attorney general represents the federal government in legal matters and supervises the administration and operation of the Department of Justice, which includes the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Office of Justice Programs, U.S. Attorneys, and the United States Marshals Service.[8]

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 the Supreme 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.

The attorney general manages legal issues involving public safety, civil rights, and national security. The attorney general also communicates legal concerns to Congress and ensures compliance with federal laws across states. The attorney general's role occasionally evolves through congressional legislation. For example, in 2001, the PATRIOT Act expanded the department's surveillance and investigative authority in matters of terrorism and national security, significantly impacting the scope of the attorney general’s responsibilities.[11] Additional duties include supervising federal penitentiaries and administering the United States Federal Witness Protection Program.

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.[12][a]

List of attorneys general

Parties

  Federalist (4)   Democratic-Republican (5)   Democratic (34)   Whig (4)   Republican (41)

Status

  Denotes service as acting attorneys general before appointment or after resignation
More information No., Portrait ...
No. Portrait Name State of residence Took office Left office President(s)
#EA9978;"}]]}" class="notheme">1 Thumb Edmund Randolph Virginia September 26, 1789 January 26, 1794 #DCDCDC;"}]]}" class="notheme"> George Washington
(1789–1797)
#EA9978;"}]]}" class="notheme">2 Thumb William Bradford Pennsylvania January 27, 1794 August 23, 1795
#EA9978;"}]]}" class="notheme">3 Thumb Charles Lee Virginia December 10, 1795 February 19, 1801
#EA9978;"}]]}" class="notheme"> John Adams
(1797–1801)
#008000;"}]]}" class="notheme">4 Thumb Levi Lincoln Sr. Massachusetts March 5, 1801 March 2, 1805 #008000;"}]]}"> Thomas Jefferson
(1801–1809)
#008000;"}]]}" class="notheme">5 Thumb John Breckinridge Kentucky August 7, 1805 December 14, 1806
#008000;"}]]}" class="notheme">6 Thumb Caesar Augustus Rodney Delaware January 20, 1807 December 10, 1811
#008000;"}]]}"> James Madison
(1809–1817)
#008000;"}]]}" class="notheme">7 Thumb William Pinkney Maryland December 11, 1811 February 9, 1814
#EA9978;"}]]}" class="notheme">8 Thumb Richard Rush Pennsylvania February 10, 1814 November 12, 1817
#008000;"}]]}" class="notheme">9 Thumb William Wirt Virginia November 13, 1817 March 4, 1829 #008000;"}]]}"> James Monroe
(1817–1825)
#008000;"}]]}"> John Quincy Adams
(1825–1829)
#3333FF;"}]]}" class="notheme">10 Thumb John Macpherson Berrien Georgia March 9, 1829 July 19, 1831 #3333FF;"}]]}"> Andrew Jackson
(1829–1837)
#3333FF;"}]]}" class="notheme">11 Thumb Roger B. Taney Maryland July 20, 1831 November 14, 1833
#3333FF;"}]]}" class="notheme">12 Thumb Benjamin Franklin Butler New York November 15, 1833 July 4, 1838
#3333FF;"}]]}"> Martin Van Buren
(1837–1841)
#3333FF;"}]]}" class="notheme">13 Thumb Felix Grundy Tennessee July 5, 1838 January 10, 1840
#3333FF;"}]]}" class="notheme">14 Thumb Henry D. Gilpin Pennsylvania January 11, 1840 March 4, 1841
#F0C862;"}]]}" class="notheme">15 Thumb John J. Crittenden
1st term
Kentucky March 5, 1841 September 12, 1841 #F0C862;"}]]}"> William Henry Harrison
(1841)
#F0C862;"}]]}"> John Tyler
(1841–1845)
#3333FF;"}]]}" class="notheme">16 Thumb Hugh S. Legaré South Carolina September 13, 1841 June 20, 1843
#F0C862;"}]]}" class="notheme">17 Thumb John Nelson Maryland July 1, 1843 March 4, 1845
#3333FF;"}]]}" class="notheme">18 Thumb John Y. Mason Virginia March 5, 1845 October 16, 1846 #3333FF;"}]]}"> James K. Polk
(1845–1849)
#3333FF;"}]]}" class="notheme">19 Thumb Nathan Clifford Maine October 17, 1846 March 17, 1848
#3333FF;"}]]}" class="notheme">20 Thumb Isaac Toucey Connecticut June 21, 1848 March 4, 1849
#F0C862;"}]]}" class="notheme">21 Thumb Reverdy Johnson Maryland March 8, 1849 July 21, 1850 #F0C862;"}]]}"> Zachary Taylor
(1849–1850)
#F0C862;"}]]}" class="notheme">22 Thumb John J. Crittenden
2nd term
Kentucky July 22, 1850 March 4, 1853 #F0C862;"}]]}"> Millard Fillmore
(1850–1853)
#3333FF;"}]]}" class="notheme">23 Thumb Caleb Cushing Massachusetts March 7, 1853 March 4, 1857 #3333FF;"}]]}"> Franklin Pierce
(1853–1857)
#3333FF;"}]]}" class="notheme">24 Thumb Jeremiah S. Black Pennsylvania March 6, 1857 December 16, 1860 #3333FF;"}]]}"> James Buchanan
(1857–1861)
#3333FF;"}]]}" class="notheme">25 Thumb Edwin Stanton Pennsylvania December 20, 1860 March 4, 1861
#E81B23;"}]]}" class="notheme">26 Thumb Edward Bates Missouri March 5, 1861 November 24, 1864 #E81B23;"}]]}"> Abraham Lincoln
(1861–1865)
#E81B23;"}]]}" class="notheme">27 Thumb James Speed Kentucky December 2, 1864 July 22, 1866
#3333FF;"}]]}"> Andrew Johnson
(1865–1869)
#E81B23;"}]]}" class="notheme">28 Thumb Henry Stanbery Ohio July 23, 1866 July 16, 1868
#E81B23;"}]]}" class="notheme">29 Thumb William M. Evarts New York July 17, 1868 March 4, 1869
#E81B23;"}]]}" class="notheme">30 Thumb Ebenezer R. Hoar Massachusetts March 5, 1869 November 22, 1870 #E81B23;"}]]}"> Ulysses S. Grant
(1869–1877)
#E81B23;"}]]}" class="notheme">31 Thumb Amos T. Akerman Georgia November 23, 1870 December 13, 1871
#E81B23;"}]]}" class="notheme">32 Thumb George Henry Williams Oregon December 14, 1871 April 25, 1875
#E81B23;"}]]}" class="notheme">33 Thumb Edwards Pierrepont New York April 26, 1875 May 21, 1876
#E81B23;"}]]}" class="notheme">34 Thumb Alphonso Taft Ohio May 22, 1876 March 4, 1877
#E81B23;"}]]}" class="notheme">35 Thumb Charles Devens Massachusetts March 12, 1877 March 4, 1881 #E81B23;"}]]}"> Rutherford B. Hayes
(1877–1881)
#E81B23;"}]]}" class="notheme">36 Thumb Wayne MacVeagh Pennsylvania March 5, 1881 December 15, 1881 #E81B23;"}]]}"> James A. Garfield
(1881)
#E81B23;"}]]}"> Chester A. Arthur
(1881–1885)
#E81B23;"}]]}" class="notheme">37 Thumb Benjamin H. Brewster Pennsylvania December 16, 1881 March 4, 1885
#3333FF;"}]]}" class="notheme">38 Thumb Augustus Garland Arkansas March 6, 1885 March 4, 1889 #3333FF;"}]]}"> Grover Cleveland
(1885–1889)
#E81B23;"}]]}" class="notheme">39 Thumb William H. H. Miller Indiana March 7, 1889 March 4, 1893 #E81B23;"}]]}"> Benjamin Harrison
(1889–1893)
#3333FF;"}]]}" class="notheme">40 Thumb Richard Olney Massachusetts March 6, 1893 April 7, 1895 #3333FF;"}]]}"> Grover Cleveland
(1893–1897)
#3333FF;"}]]}" class="notheme">41 Thumb Judson Harmon Ohio April 8, 1895 March 4, 1897
#E81B23;"}]]}" class="notheme">42 Thumb Joseph McKenna California March 5, 1897 January 25, 1898 #E81B23;"}]]}"> William McKinley
(1897–1901)
#E81B23;"}]]}" class="notheme">43 Thumb John W. Griggs New Jersey January 25, 1898 March 29, 1901
#E81B23;"}]]}" class="notheme">44 Thumb Philander C. Knox Pennsylvania April 5, 1901 June 30, 1904
#E81B23;"}]]}"> Theodore Roosevelt
(1901–1909)
#E81B23;"}]]}" class="notheme">45 Thumb William Henry Moody Massachusetts July 1, 1904 December 17, 1906
#E81B23;"}]]}" class="notheme">46 Thumb Charles Bonaparte Maryland December 17, 1906 March 4, 1909
#E81B23;"}]]}" class="notheme">47 Thumb George W. Wickersham New York March 4, 1909 March 4, 1913 #E81B23;"}]]}"> William Howard Taft
(1909–1913)
#3333FF;"}]]}" class="notheme">48 Thumb James McReynolds Tennessee March 5, 1913 August 29, 1914 #3333FF;"}]]}"> Woodrow Wilson
(1913–1921)
#3333FF;"}]]}" class="notheme">49 Thumb Thomas Watt Gregory Texas August 29, 1914 March 4, 1919
#3333FF;"}]]}" class="notheme">50 Thumb A. Mitchell Palmer Pennsylvania March 5, 1919 March 4, 1921
#E81B23;"}]]}" class="notheme">51 Thumb Harry M. Daugherty Ohio March 4, 1921 April 6, 1924 #E81B23;"}]]}"> Warren G. Harding
(1921–1923)
#E81B23;"}]]}"> Calvin Coolidge
(1923–1929)
#E81B23;"}]]}" class="notheme">52 Thumb Harlan F. Stone New York April 7, 1924 March 1, 1925
#E81B23;"}]]}" class="notheme">53 Thumb John G. Sargent Vermont March 7, 1925 March 4, 1929
#E81B23;"}]]}" class="notheme">54 Thumb William D. Mitchell Minnesota March 4, 1929 March 4, 1933 #E81B23;"}]]}"> Herbert Hoover
(1929–1933)
#3333FF;"}]]}" class="notheme">55 Thumb Homer Stille Cummings Connecticut March 4, 1933 January 1, 1939 #3333FF;"}]]}"> Franklin D. Roosevelt
(1933–1945)
#3333FF;"}]]}" class="notheme">56 Thumb Frank Murphy Michigan January 2, 1939 January 18, 1940
#3333FF;"}]]}" class="notheme">57 Thumb Robert H. Jackson New York January 18, 1940 August 25, 1941
#3333FF;"}]]}" class="notheme">58 Thumb Francis Biddle Pennsylvania August 26, 1941 June 26, 1945 #3333FF;"}]]}"> Harry S. Truman
(1945–1953)
#3333FF;"}]]}" class="notheme">59 Thumb Tom C. Clark Texas June 27, 1945 July 26, 1949
#3333FF;"}]]}" class="notheme">60 Thumb J. Howard McGrath Rhode Island July 27, 1949 April 3, 1952
#3333FF;"}]]}" class="notheme">61 Thumb James P. McGranery Pennsylvania April 4, 1952 January 20, 1953
#E81B23;"}]]}" class="notheme">62 Thumb Herbert Brownell Jr. New York January 21, 1953 October 23, 1957 #E81B23;"}]]}"> Dwight D. Eisenhower
(1953–1961)
#E81B23;"}]]}" class="notheme">63 Thumb William P. Rogers New York October 23, 1957 January 20, 1961
#3333FF;"}]]}" class="notheme">64 Thumb Robert F. Kennedy Massachusetts January 20, 1961 September 3, 1964 #3333FF;"}]]}" class="notheme"> John F. Kennedy
(1961–1963)
#3333FF;"}]]}" class="notheme"> Lyndon B. Johnson
(1963–1969)
#3333FF;"}]]}" class="notheme">65 Thumb Nicholas Katzenbach Illinois September 4, 1964[b] January 28, 1965
January 28, 1965 November 28, 1966
#3333FF;"}]]}" class="notheme">66 Thumb Ramsey Clark Texas November 28, 1966[b] March 10, 1967
March 10, 1967 January 20, 1969
#E81B23;"}]]}" class="notheme">67 Thumb John N. Mitchell New York January 20, 1969 February 15, 1972 #E81B23;"}]]}"> Richard Nixon
(1969–1974)
#E81B23;"}]]}" class="notheme">68 Thumb Richard Kleindienst Arizona February 15, 1972 April 30, 1973[14]
#E81B23;"}]]}" class="notheme">69 Thumb Elliot Richardson Massachusetts May 25, 1973[14] October 20, 1973
#E81B23;"}]]}" class="notheme"> Thumb Robert Bork[c]
Acting
Pennsylvania October 20, 1973 January 4, 1974
#E81B23;"}]]}" class="notheme">70 Thumb William B. Saxbe Ohio January 4, 1974 February 2, 1975
#E81B23;"}]]}"> Gerald Ford
(1974–1977)
#E81B23;"}]]}" class="notheme">71 Thumb Edward H. Levi Illinois February 2, 1975 January 20, 1977
#E81B23;"}]]}" class="notheme"> Thumb Dick Thornburgh[d]
Acting
Pennsylvania January 20, 1977 January 26, 1977 #3333FF;"}]]}"> Jimmy Carter
(1977–1981)
#3333FF;"}]]}" class="notheme">72 Thumb Griffin Bell Georgia January 26, 1977 August 16, 1979
#3333FF;"}]]}" class="notheme">73 Thumb Benjamin Civiletti Maryland August 16, 1979 January 19, 1981
#E81B23;"}]]}" class="notheme">74 Thumb William French Smith California January 23, 1981 February 25, 1985 #E81B23;"}]]}"> Ronald Reagan
(1981–1989)
#E81B23;"}]]}" class="notheme">75 Thumb Edwin Meese California February 25, 1985 August 12, 1988
#E81B23;"}]]}" class="notheme">76 Thumb Dick Thornburgh Pennsylvania August 12, 1988 August 15, 1991
#E81B23;"}]]}"> George H. W. Bush
(1989–1993)
#E81B23;"}]]}" class="notheme">77 Thumb William Barr
1st term
Virginia August 16, 1991[b] November 26, 1991
November 26, 1991 January 20, 1993
#E81B23;"}]]}" class="notheme"> Thumb Stuart M. Gerson[e]
Acting
Washington, D.C. January 20, 1993 March 12, 1993 #3333FF;"}]]}"> Bill Clinton
(1993–2001)
#3333FF;"}]]}" class="notheme">78 Thumb Janet Reno Florida March 12, 1993 January 20, 2001
#3333FF;"}]]}" class="notheme"> Thumb Eric Holder[f]
Acting
Washington, D.C. January 20, 2001 February 2, 2001 #E81B23;"}]]}"> George W. Bush
(2001–2009)
#E81B23;"}]]}" class="notheme">79 Thumb John Ashcroft Missouri February 2, 2001 February 3, 2005
#E81B23;"}]]}" class="notheme">80 Thumb Alberto Gonzales Texas February 3, 2005 September 17, 2007
#E81B23;"}]]}" class="notheme"> Thumb Paul Clement[g]
Acting
Washington, D.C. September 17, 2007 September 18, 2007
#E81B23;"}]]}" class="notheme"> Thumb Peter Keisler[g]
Acting
Washington, D.C. September 18, 2007 November 9, 2007
#E81B23;"}]]}" class="notheme">81 Thumb Michael Mukasey New York November 9, 2007 January 20, 2009
#E81B23;"}]]}" class="notheme"> Thumb Mark Filip
Acting
Illinois January 20, 2009 February 3, 2009 #3333FF;"}]]}"> Barack Obama
(2009–2017)
#3333FF;"}]]}" class="notheme">82 Thumb Eric Holder Washington, D.C. February 3, 2009 April 27, 2015
#3333FF;"}]]}" class="notheme">83 Thumb Loretta Lynch New York April 27, 2015 January 20, 2017
#3333FF;"}]]}" class="notheme"> Thumb Sally Yates[h]
Acting
Georgia January 20, 2017 January 30, 2017 #E81B23;"}]]}"> Donald Trump
(2017–2021)
#E81B23;"}]]}" class="notheme"> Thumb Dana Boente
Acting
Virginia January 30, 2017 February 9, 2017
#E81B23;"}]]}" class="notheme">84 Thumb Jeff Sessions Alabama February 9, 2017 November 7, 2018
#E81B23;"}]]}" class="notheme"> Thumb Rod Rosenstein
Acting[i]
Maryland November 7, 2018 November 7, 2018
#E81B23;"}]]}" class="notheme"> Thumb Matthew Whitaker
Acting[j]
Iowa November 7, 2018 February 14, 2019
#E81B23;"}]]}" class="notheme">85 Thumb William Barr
2nd term
Virginia February 14, 2019 December 23, 2020
#E81B23;"}]]}" class="notheme"> Thumb Jeffrey A. Rosen
Acting
Massachusetts December 24, 2020 January 20, 2021
#E81B23;"}]]}" class="notheme"> Thumb John Demers
Acting[k]
Massachusetts January 20, 2021 #3333FF;"}]]}"> Joe Biden
(2021–2025)
#3333FF;"}]]}" class="notheme"> Thumb Monty Wilkinson
Acting
Washington, D.C. January 20, 2021 March 11, 2021
#3333FF;"}]]}" class="notheme">86 Thumb Merrick Garland Maryland March 11, 2021 January 20, 2025
#E81B23;"}]]}" class="notheme"> Thumb James McHenry[29]
Acting
Washington, D.C. January 20, 2025 February 5, 2025 #E81B23;"}]]}"> Donald Trump
(2025–present)
#E81B23;"}]]}" class="notheme">87 Thumb Pam Bondi Florida February 5, 2025 Incumbent
Close

Line of succession

Summarize
Perspective

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

Notes

  1. 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.[13]
  2. Served as acting attorney general in his capacity as deputy attorney general, until his own appointment and confirmation as attorney general.
  3. 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.
  4. 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.
  5. Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ Civil Division.[15] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[16] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[17] and he resigned the same day.[17]
  6. 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.
  7. 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.[18] 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.[19][20] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later.[21] Keisler served as acting attorney general until the confirmation of Michael Mukasey on November 9, 2007.
  8. Served as acting attorney general in her capacity as deputy attorney general, until she was fired after saying the Department of Justice would not defend an executive order in court.[22]
  9. Following the resignation of Jeff Sessions as attorney general at the request of President Donald Trump, Rosenstein served as acting attorney general in his capacity as deputy attorney general for a few hours on November 7, 2018 until Trump signed an executive order naming Matthew Whitaker as acting attorney general later that day.[23]
  10. 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.[24] Maryland filed an injunction against Whitaker's appointment on this basis.[25] John E. Bies at Lawfare regarded it as an unresolved question.[26] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.[27]
  11. Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ National Security Division for a few hours following the resignation of Jeffrey Rosen at noon on January 20, 2021. President Joe Biden signed an executive order naming Deputy Assistant Attorney General for Human Resources and Administration Monty Wilkinson as acting attorney general later that day.[28]

References

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