Providing an Order of Succession Within the Department of Justice

Jan 19, 2017
Jan 19, 2017

Summary

Creates a list of people who will become the acting Attorney General if the top leaders of the Department of Justice cannot serve.

What problem does this solve?

Without a clear plan, there could be confusion about who leads the Department of Justice if its top officials are suddenly unable to work. This order establishes a specific list of U.S. Attorneys to take over, ensuring leadership continuity.

What does this order do?

New line of succession for Attorney General
Lists the U.S. Attorneys for the District of Columbia, Northern District of Illinois, and Central District of California as successors if top leadership is unable to serve.
President retains power to choose
Allows the President to ignore this order and choose a different acting Attorney General, as long as it is permitted by law.
Excludes acting U.S. Attorneys from succession
Prevents individuals who are only serving as *acting* U.S. Attorneys in the listed positions from becoming the acting Attorney General through this order.
Revokes previous succession order
Cancels Executive Order 13557 from 2010, which previously set the order of succession for the Attorney General.

Who does this affect?

  • Department of Justice officials
  • U.S. Attorneys

What is the real world impact?

Ensures continuous leadership at the Department of Justice
Prevents a leadership gap and keeps the department running by setting a clear line of succession if top officials are unable to perform their duties.
Preserves presidential power to appoint acting officials
Includes a rule that allows the President to ignore the established succession order, giving them the flexibility to choose a different acting Attorney General.

When does this start?

This order became effective when it was signed on January 13, 2017.

Related

E.O. 13755 - Providing an Order of Succession Within the Department of Labor
E.O. 13764 - Amending Civil Service Rules to Modernize Security Clearance Processes