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The Attorney General: Architect of American Justice

An in-depth exploration of the U.S. Attorney General's pivotal role in law, governance, and national security, detailing historical context, responsibilities, and key figures.

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The Attorney General's Mandate

Head of Justice

The United States Attorney General (AG) serves as the head of the U.S. Department of Justice (DOJ) and functions as the chief law enforcement officer of the federal government. This position is unique among Cabinet department heads, as it is not titled "Secretary."

Principal Legal Advisor

The Attorney General acts as the primary legal advisor to the President of the United States on all matters of law. They are a statutory member of the U.S. Cabinet and the National Security Council, holding a significant position within the executive branch.

Presidential Succession

In the line of presidential succession, the Attorney General ranks seventh. This highlights the critical nature of the role and its direct connection to the continuity of government operations.

Historical Foundation

Genesis of the Office

The Office of the Attorney General was established by the Judiciary Act of 1789. Initially, the officer's duties were to prosecute and conduct suits involving the United States in the Supreme Court and provide legal advice to the President and heads of executive departments.

Evolution of the Department

The Department of Justice was formally established in 1870 to provide comprehensive support to the Attorney General in fulfilling their expanding responsibilities. This marked a significant step in organizing federal legal functions.

Cabinet Significance

The Attorney General, alongside the Secretaries of State, Treasury, and Defense, is considered one of the four most significant Cabinet officials due to the substantial scope and importance of the Department of Justice.

Core Responsibilities

Legal Oversight

The Attorney General oversees the Department of Justice, ensuring the enforcement of federal laws. This includes supervising major federal law enforcement agencies such as the FBI, DEA, ATF, and the U.S. Marshals Service.

Advisory Role

Providing formal and informal legal counsel to the President, the Cabinet, and executive department heads is a critical function. The AG also advises the President on federal judicial appointments and DOJ leadership positions.

Representation

While the Solicitor General typically handles cases before the Supreme Court, the Attorney General represents the federal government in legal matters across various courts.

Presidential Transitions

Resignation Protocol

It is customary for the Attorney General, like other Cabinet members, to tender their resignation upon the inauguration of a new President. This ensures a smooth transition of executive leadership.

Acting Capacity

During transitions, the Deputy Attorney General often serves as the Acting Attorney General, as permitted by statute (28 U.S.C. ยง 508), until the Senate confirms the President's nominee for the position.

Historical Tenure

Attorneys General of the United States

The office has been held by numerous distinguished individuals throughout American history. Below is a curated list highlighting key figures and their service periods.

Edmund Randolph

Party: Federalist
Took Office: September 26, 1789
Left Office: January 26, 1794
President: George Washington

William Bradford

Party: Federalist
Took Office: January 27, 1794
Left Office: August 23, 1795
President: George Washington

Charles Lee

Party: Federalist
Took Office: December 10, 1795
Left Office: February 19, 1801
President: John Adams

Levi Lincoln Sr.

Party: Federalist
Took Office: March 5, 1801
Left Office: March 3, 1805
President: Thomas Jefferson

John Breckinridge

Party: Democratic-Republican
Took Office: August 7, 1805
Left Office: December 14, 1806
President: Thomas Jefferson

Caesar Augustus Rodney

Party: Democratic-Republican
Took Office: January 20, 1807
Left Office: December 10, 1811
President: James Madison

William Pinkney

Party: Democratic-Republican
Took Office: December 11, 1811
Left Office: February 9, 1814
President: James Madison

Richard Rush

Party: Federalist
Took Office: February 10, 1814
Left Office: November 12, 1817
President: James Madison

William Wirt

Party: Democratic-Republican
Took Office: November 13, 1817
Left Office: March 4, 1829
President: James Monroe, John Quincy Adams

John Macpherson Berrien

Party: Democratic
Took Office: March 9, 1829
Left Office: July 19, 1831
President: Andrew Jackson

Roger B. Taney

Party: Democratic
Took Office: July 20, 1831
Left Office: November 14, 1833
President: Andrew Jackson

Benjamin Franklin Butler

Party: Democratic
Took Office: November 15, 1833
Left Office: July 4, 1838
President: Andrew Jackson

Felix Grundy

Party: Democratic
Took Office: July 5, 1838
Left Office: January 10, 1840
President: Martin Van Buren

Henry D. Gilpin

Party: Democratic
Took Office: January 11, 1840
Left Office: March 4, 1841
President: Martin Van Buren

John J. Crittenden

Party: Whig
Took Office: March 5, 1841
Left Office: September 12, 1841
President: William Henry Harrison, John Tyler

Hugh S. Legarรฉ

Party: Democratic
Took Office: September 13, 1841
Left Office: June 20, 1843
President: John Tyler

John Nelson

Party: Democratic
Took Office: July 1, 1843
Left Office: March 4, 1845
President: John Tyler

John Y. Mason

Party: Democratic
Took Office: March 5, 1845
Left Office: October 16, 1846
President: James K. Polk

Nathan Clifford

Party: Democratic
Took Office: October 17, 1846
Left Office: March 17, 1848
President: James K. Polk

Isaac Toucey

Party: Democratic
Took Office: June 21, 1848
Left Office: March 4, 1849
President: James K. Polk

Reverdy Johnson

Party: Whig
Took Office: March 8, 1849
Left Office: July 21, 1850
President: Zachary Taylor

John J. Crittenden

Party: Whig
Took Office: July 22, 1850
Left Office: March 4, 1853
President: Millard Fillmore

Caleb Cushing

Party: Democratic
Took Office: March 7, 1853
Left Office: March 4, 1857
President: Franklin Pierce

Jeremiah S. Black

Party: Democratic
Took Office: March 6, 1857
Left Office: December 16, 1860
President: James Buchanan

Edwin Stanton

Party: Democratic
Took Office: December 20, 1860
Left Office: March 4, 1861
President: James Buchanan

Edward Bates

Party: Republican
Took Office: March 5, 1861
Left Office: November 24, 1864
President: Abraham Lincoln

James Speed

Party: Republican
Took Office: December 2, 1864
Left Office: July 22, 1866
President: Abraham Lincoln, Andrew Johnson

Henry Stanbery

Party: Republican
Took Office: July 23, 1866
Left Office: July 16, 1868
President: Andrew Johnson

William M. Evarts

Party: Republican
Took Office: July 17, 1868
Left Office: March 4, 1869
President: Andrew Johnson

Ebenezer R. Hoar

Party: Republican
Took Office: March 5, 1869
Left Office: November 22, 1870
President: Ulysses S. Grant

Amos T. Akerman

Party: Republican
Took Office: November 23, 1870
Left Office: December 13, 1871
President: Ulysses S. Grant

George Henry Williams

Party: Republican
Took Office: December 14, 1871
Left Office: April 25, 1875
President: Ulysses S. Grant

Edwards Pierrepont

Party: Republican
Took Office: April 26, 1875
Left Office: May 21, 1876
President: Ulysses S. Grant

Alphonso Taft

Party: Republican
Took Office: May 22, 1876
Left Office: March 4, 1877
President: Ulysses S. Grant

Charles Devens

Party: Republican
Took Office: March 12, 1877
Left Office: March 4, 1881
President: Rutherford B. Hayes

Wayne MacVeagh

Party: Republican
Took Office: March 5, 1881
Left Office: December 15, 1881
President: James A. Garfield, Chester A. Arthur

Benjamin H. Brewster

Party: Republican
Took Office: December 16, 1881
Left Office: March 4, 1885
President: Chester A. Arthur

Augustus Hill Garland

Party: Democratic
Took Office: March 6, 1885
Left Office: March 4, 1889
President: Grover Cleveland

William H. H. Miller

Party: Republican
Took Office: March 7, 1889
Left Office: March 4, 1893
President: Benjamin Harrison

Richard Olney

Party: Democratic
Took Office: March 6, 1893
Left Office: April 7, 1895
President: Grover Cleveland

Judson Harmon

Party: Democratic
Took Office: April 8, 1895
Left Office: March 4, 1897
President: Grover Cleveland

Joseph McKenna

Party: Republican
Took Office: March 5, 1897
Left Office: January 25, 1898
President: William McKinley

John W. Griggs

Party: Republican
Took Office: January 25, 1898
Left Office: March 29, 1901
President: William McKinley

Philander C. Knox

Party: Republican
Took Office: April 5, 1901
Left Office: June 30, 1904
President: William McKinley, Theodore Roosevelt

William Henry Moody

Party: Republican
Took Office: July 1, 1904
Left Office: December 17, 1906
President: Theodore Roosevelt

Charles Bonaparte

Party: Republican
Took Office: December 17, 1906
Left Office: March 4, 1909
President: Theodore Roosevelt

George W. Wickersham

Party: Republican
Took Office: March 4, 1909
Left Office: March 4, 1913
President: William Howard Taft

James McReynolds

Party: Democratic
Took Office: March 5, 1913
Left Office: August 29, 1914
President: Woodrow Wilson

Thomas Watt Gregory

Party: Democratic
Took Office: August 29, 1914
Left Office: March 4, 1919
President: Woodrow Wilson

A. Mitchell Palmer

Party: Democratic
Took Office: March 5, 1919
Left Office: March 4, 1921
President: Woodrow Wilson

Harry M. Daugherty

Party: Republican
Took Office: March 4, 1921
Left Office: April 6, 1924
President: Warren G. Harding, Calvin Coolidge

Harlan F. Stone

Party: Republican
Took Office: April 7, 1924
Left Office: March 1, 1925
President: Calvin Coolidge

John G. Sargent

Party: Republican
Took Office: March 7, 1925
Left Office: March 4, 1929
President: Calvin Coolidge

William D. Mitchell

Party: Republican
Took Office: March 4, 1929
Left Office: March 4, 1933
President: Herbert Hoover

Homer Stille Cummings

Party: Democratic
Took Office: March 4, 1933
Left Office: January 1, 1939
President: Franklin D. Roosevelt

Frank Murphy

Party: Democratic
Took Office: January 2, 1939
Left Office: January 18, 1940
President: Franklin D. Roosevelt

Robert H. Jackson

Party: Democratic
Took Office: January 18, 1940
Left Office: August 25, 1941
President: Franklin D. Roosevelt

Francis Biddle

Party: Democratic
Took Office: August 26, 1941
Left Office: June 26, 1945
President: Franklin D. Roosevelt, Harry S. Truman

Tom C. Clark

Party: Democratic
Took Office: June 27, 1945
Left Office: July 26, 1949
President: Harry S. Truman

J. Howard McGrath

Party: Democratic
Took Office: July 27, 1949
Left Office: April 3, 1952
President: Harry S. Truman

James P. McGranery

Party: Democratic
Took Office: April 4, 1952
Left Office: January 20, 1953
President: Harry S. Truman

Herbert Brownell Jr.

Party: Republican
Took Office: January 21, 1953
Left Office: October 23, 1957
President: Dwight D. Eisenhower

William P. Rogers

Party: Republican
Took Office: October 23, 1957
Left Office: January 20, 1961
President: Dwight D. Eisenhower

Robert F. Kennedy

Party: Democratic
Took Office: January 20, 1961
Left Office: September 3, 1964
President: John F. Kennedy, Lyndon B. Johnson

Nicholas Katzenbach

Party: Democratic
Took Office: September 4, 1964
Left Office: January 28, 1965
President: Lyndon B. Johnson

Nicholas Katzenbach

Party: Democratic
Took Office: January 28, 1965
Left Office: November 28, 1966
President: Lyndon B. Johnson

Ramsey Clark

Party: Democratic
Took Office: November 28, 1966
Left Office: March 10, 1967
President: Lyndon B. Johnson

Ramsey Clark

Party: Democratic
Took Office: March 10, 1967
Left Office: January 20, 1969
President: Lyndon B. Johnson

John N. Mitchell

Party: Republican
Took Office: January 20, 1969
Left Office: February 15, 1972
President: Richard Nixon

Richard Kleindienst

Party: Republican
Took Office: February 15, 1972
Left Office: April 30, 1973
President: Richard Nixon

Elliot Richardson

Party: Republican
Took Office: May 25, 1973
Left Office: October 20, 1973
President: Richard Nixon

William Ruckelshaus

Party: Republican
Took Office: October 20, 1973
Left Office: October 20, 1973
President: Richard Nixon (Acting)

Robert Bork

Party: Republican
Took Office: October 20, 1973
Left Office: January 4, 1974
President: Richard Nixon (Acting)

William Bart Saxbe

Party: Republican
Took Office: January 4, 1974
Left Office: February 2, 1975
President: Richard Nixon, Gerald Ford

Edward H. Levi

Party: Democratic
Took Office: February 2, 1975
Left Office: January 20, 1977
President: Gerald Ford

Harold R. Tyler Jr.

Party: Democratic
Took Office: January 20, 1977
Left Office: January 26, 1977
President: Jimmy Carter (Acting)

Dick Thornburgh

Party: Democratic
Took Office: January 20, 1977
Left Office: January 26, 1977
President: Jimmy Carter (Acting)

Griffin Bell

Party: Democratic
Took Office: January 26, 1977
Left Office: August 16, 1979
President: Jimmy Carter

Benjamin Civiletti

Party: Democratic
Took Office: August 16, 1979
Left Office: January 19, 1981
President: Jimmy Carter

Charles Byron Renfrew

Party: Democratic
Took Office: January 20, 1981
Left Office: January 23, 1981
President: Jimmy Carter (Acting)

William French Smith

Party: Republican
Took Office: January 23, 1981
Left Office: February 25, 1985
President: Ronald Reagan

Edwin Meese

Party: Republican
Took Office: February 25, 1985
Left Office: August 12, 1988
President: Ronald Reagan

Dick Thornburgh

Party: Republican
Took Office: August 12, 1988
Left Office: August 15, 1991
President: Ronald Reagan, George H. W. Bush

William Barr

Party: Republican
Took Office: August 16, 1991
Left Office: November 26, 1991
President: George H. W. Bush (1st Term)

William Barr

Party: Republican
Took Office: November 26, 1991
Left Office: January 20, 1993
President: George H. W. Bush (2nd Term)

George J. Terwilliger III

Party: Republican
Took Office: January 20, 1993
Left Office: March 12, 1993
President: George H. W. Bush (Acting)

Stuart M. Gerson

Party: Republican
Took Office: January 20, 1993
Left Office: March 12, 1993
President: Bill Clinton (Acting)

Janet Reno

Party: Democratic
Took Office: March 12, 1993
Left Office: January 20, 2001
President: Bill Clinton

Eric Holder

Party: Democratic
Took Office: January 20, 2001
Left Office: February 2, 2001
President: George W. Bush (Acting)

John Ashcroft

Party: Republican
Took Office: February 2, 2001
Left Office: February 3, 2005
President: George W. Bush

Alberto Gonzales

Party: Republican
Took Office: February 3, 2005
Left Office: September 17, 2007
President: George W. Bush

Paul Clement

Party: Republican
Took Office: September 17, 2007
Left Office: September 18, 2007
President: George W. Bush (Acting)

Peter Keisler

Party: Republican
Took Office: September 18, 2007
Left Office: November 9, 2007
President: George W. Bush (Acting)

Michael Mukasey

Party: Republican
Took Office: November 9, 2007
Left Office: January 20, 2009
President: George W. Bush

Mark Filip

Party: Democratic
Took Office: January 20, 2009
Left Office: February 3, 2009
President: Barack Obama (Acting)

Eric Holder

Party: Democratic
Took Office: February 3, 2009
Left Office: April 27, 2015
President: Barack Obama

Loretta Lynch

Party: Democratic
Took Office: April 27, 2015
Left Office: January 20, 2017
President: Barack Obama

Sally Yates

Party: Democratic
Took Office: January 20, 2017
Left Office: January 30, 2017
President: Donald Trump (Acting)

Channing D. Phillips

Party: Democratic
Took Office: January 30, 2017
Left Office: February 9, 2017
President: Donald Trump (Acting)

Dana Boente

Party: Republican
Took Office: January 30, 2017
Left Office: February 9, 2017
President: Donald Trump (Acting)

Jeff Sessions

Party: Republican
Took Office: February 9, 2017
Left Office: November 7, 2018
President: Donald Trump

Rod Rosenstein

Party: Republican
Took Office: November 7, 2018
Left Office: February 14, 2019
President: Donald Trump (Acting)

Matthew Whitaker

Party: Republican
Took Office: November 7, 2018
Left Office: February 14, 2019
President: Donald Trump (Acting)

William Barr

Party: Republican
Took Office: February 14, 2019
Left Office: December 23, 2020
President: Donald Trump

Jeffrey A. Rosen

Party: Republican
Took Office: December 24, 2020
Left Office: January 20, 2021
President: Donald Trump (Acting)

John Demers

Party: Republican
Took Office: January 20, 2021
Left Office: March 11, 2021
President: Donald Trump (Acting)

Monty Wilkinson

Party: Democratic
Took Office: January 20, 2021
Left Office: March 11, 2021
President: Joe Biden (Acting)

Merrick Garland

Party: Democratic
Took Office: March 11, 2021
Left Office: January 20, 2025
President: Joe Biden

Lisa Monaco

Party: Democratic
Took Office: January 20, 2025
Left Office: February 5, 2025
President: Joe Biden (Acting)

Gary M. Restaino

Party: Democratic
Took Office: January 20, 2025
Left Office: January 20, 2025
President: Joe Biden (Acting)

James McHenry

Party: Democratic
Took Office: January 20, 2025
Left Office: February 5, 2025
President: Joe Biden (Acting)

Pam Bondi

Party: Republican
Took Office: February 5, 2025
Left Office: Incumbent
President: Donald Trump

Pioneering Figures

First Italian American

Charles Joseph Bonaparte, appointed in 1906, marked the first time an Italian American held the position.

First Jewish American

Edward H. Levi, appointed in 1975, was the first Jewish American to serve as Attorney General.

First Female Attorney General

Janet Reno made history in 1993 as the first woman to lead the Department of Justice.

First Hispanic American

Alberto Gonzales, appointed in 2005, was the first Hispanic American to hold the office.

First African American Male

Eric Holder, appointed in 2009, broke barriers as the first African American male Attorney General.

First African American Female

Loretta Lynch, appointed in 2015, became the first African American woman to serve in this capacity.

Order of Succession

Statutory Framework

The line of succession within the Department of Justice is primarily established by statute (28 U.S.C. ยง 508), allowing the Attorney General to designate further successors. Executive Orders also play a role in defining this order.

The established order of succession typically includes:

  • United States Deputy Attorney General
  • United States Associate Attorney General
  • Other officers designated by the Attorney General, such as the Solicitor General and various Assistant Attorneys General (e.g., Antitrust, Civil Rights, Criminal Divisions).
  • Specific U.S. Attorneys (e.g., Southern District of New York, District of Arizona).

Note: The precise order can be subject to updates via Executive Orders.

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References

References

  1.  5ย U.S.C.ย ร‚ยงย 5312.
  2.  Judiciary Act of 1789, section 35.
  3.  Cabinets and Counselors: The President and the Executive Branch (1997). Congressional Quarterly. p. 87.
A full list of references for this article are available at the United States Attorney General Wikipedia page

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Disclaimer

Important Notice

This content has been generated by an AI model and is intended for informational and educational purposes only. It is based on publicly available data from Wikipedia and may not reflect the most current information or all nuances of the subject matter.

This is not legal advice. The information provided herein should not be considered a substitute for professional legal counsel, consultation with government officials, or direct reference to official U.S. government documentation. Always consult qualified professionals for specific legal or governmental inquiries.

The creators of this page are not liable for any errors, omissions, or actions taken based on the information presented.