Providing an Order of Succession Within the Department of Justice

Feb 14, 2017
Feb 14, 2017

Summary

Creates a list of officials who will act as the Attorney General if the current one and their top deputies cannot serve.

What problem does this solve?

If the Attorney General and their main helpers can't do their job, it's unclear who takes over the Department of Justice. This order names three specific U.S. Attorneys to step in, making sure there is always a leader.

What does this order do?

Establishes a new line of succession
Names the U.S. Attorneys for the Eastern District of Virginia, Northern District of Illinois, and Western District of Missouri as successors to the Attorney General.
Preserves presidential discretion
Allows the President to choose a different person to be the acting Attorney General, as long as it is permitted by law.
Sets limits on acting officials
States that an individual already serving in an acting capacity in one of the listed positions cannot become the acting Attorney General through this order.
Revokes a previous executive order
Cancels Executive Order 13762, which set a previous order of succession.

Who does this affect?

  • Department of Justice officials
  • The President

What is the real world impact?

Ensures continuity of leadership
Provides a clear plan for who leads the Department of Justice in an emergency. This prevents confusion and makes sure that important law enforcement work can continue without interruption if top officials are unavailable.
Allows presidential discretion in appointments
Specifies that the President can still choose someone else to be the acting Attorney General. This gives the President flexibility but could be seen as a way to bypass the established order for political reasons.

When does this start?

This order became effective when it was signed on February 9, 2017.