Providing an Order of Succession Within the Department of Justice

Nov 9, 2010

Summary

Creates a list of people who will take over as Attorney General if the top leaders in the Department of Justice cannot do their job.

What problem does this solve?

Without a clear plan, the Department of Justice could be without a leader if the Attorney General and their top deputies are all unable to serve. This order names specific U.S. Attorneys who will take over the job, ensuring the department always has a leader.

What does this order do?

Establishes a new order of succession

Names the U.S. Attorneys for the Eastern District of Virginia, the District of Minnesota, and the District of Arizona as successors to the Attorney General.

Sets conditions for succession

States that individuals serving in an acting capacity or who are not eligible under the Federal Vacancies Reform Act of 1998 cannot become acting Attorney General.

Preserves Presidential discretion

Allows the President to choose a different acting Attorney General, as long as it is permitted by law.

Revokes a previous order

Cancels Executive Order 13481 from 2008, which previously set the order of succession.

Who does this affect?

Department of Justice officials
U.S. Attorneys
Federal government employees

What is the real world impact?

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Ensures continuity of government

Prevents a leadership gap at the Department of Justice by clearly defining who takes charge in an emergency. This ensures the department can continue its important work without interruption.

When does this start?

This order became effective on November 4, 2010.