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United States Attorney General

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United States Attorney General
Seal of the Department of Justice
Flag of the United States Attorney General
Incumbent
Merrick Garland

since March 11, 2021
United States Department of Justice
StyleMr. Attorney General
Member ofCabinet
Reports toPresident of the United States
SeatDepartment of Justice Headquarters
Washington, D.C.
AppointerThe President
with Senate advice and consent
Term lengthNo fixed term
Constituting instrument28 U.S.C. § 503
FormationSeptember 26, 1789
First holderEdmund Randolph
SuccessionSeventh[1]
DeputyUnited States Deputy Attorney General
SalaryExecutive Schedule, level I[2]
Websitewww.justice.gov

The United States attorney general (AG) is the head of the United States Department of Justice (DOJ) concerned with legal affairs and is the chief law enforcement officer of the federal government of the United States. The Attorney General is considered to be the chief lawyer of the U.S. government. The Attorney General is a member of the President's Cabinet, but is the only cabinet department head who is not given the title Secretary.

List of attorneys general

[change | change source]
Parties

  Federalist (4)   Democratic-Republican (5)   Democratic (33)   Whig (4)   Republican (40)   Political Independent / Unknown (1)

Status
  Denotes service as acting attorneys general before appointment or after resignation
No. Portrait Name Prior Experience State of residence Took office Left office President(s)
1 Edmund Randolph Lawyer,

7th Governor of Virginia

Virginia September 26, 1789 September 12, 1813 George Washington
2 William Bradford Lawyer, judge,

Attorney General of Pennsylvania

Pennsylvania January 27, 1794 August 23, 1795
3 Charles Lee Lawyer,

Acting United States Secretary of State

Virginia December 10, 1795 June 24, 1815
John Adams
4 Levi Lincoln Sr. Lawyer,

Acting United States Secretary of State,

7th Lieutenant Governor of Massachusetts,

Member of the U.S. House of Representatives from Massachusetts's 4th district

Massachusetts March 5, 1801 April 14, 1820 Thomas Jefferson
5 John Breckinridge Lawyer,

United States Senator from Kentucky,

Speaker of the Kentucky House of Representatives,

Attorney General of Kentucky

Kentucky August 7, 1805 December 14, 1806
6 Caesar Augustus Rodney Lawyer,

Member of the U.S. House of Representatives from Delaware's at-large district,

Member of Delaware General Assembly

Delaware January 20, 1807 December 10, 1811
James Madison
7 William Pinkney Lawyer,

United States Minister to the United Kingdom,

3rd Attorney General of Maryland,

Mayor of Annapolis,

Member of the U.S. House of Representatives from Maryland's 3rd district

Maryland December 11, 1811 February 9, 1814
8 Richard Rush Lawyer,

Attorney General of Pennsylvania

Pennsylvania February 10, 1814 November 12, 1817
9 William Wirt Lawyer,

United States Attorney for the District of Virginia,

Member of the Virginia House of Delegates from Richmond City

6th Clerk of the Virginia House of Delegates

Virginia November 13, 1817 March 4, 1829 James Monroe
John Quincy Adams
10 John Macpherson Berrien Lawyer,

Judge of the Eastern judicial circuit of Georgia,

United States Senator from Georgia

Georgia March 9, 1829 July 19, 1831 Andrew Jackson
11 Roger B. Taney Lawyer,

Acting United States Secretary of War,

Attorney General of Maryland

Maryland July 20, 1831 November 14, 1833
12 Benjamin Franklin Butler Lawyer,

Member of the New York State Assembly from Albany County,

District Attorney of Albany County

New York November 15, 1833 July 4, 1838
Martin Van Buren
13 Felix Grundy Lawyer,

United States Senator from Tennessee,

Member of the U.S. House of Representatives from Tennessee's 3rd district and 5th district,

Chief Justice of the Kentucky Court of Appeals

Tennessee July 5, 1838 January 10, 1840
14 Henry D. Gilpin Lawyer,

Solicitor of the United States Treasury,

U.S. Attorney for the Eastern District of Pennsylvania

Pennsylvania January 11, 1840 March 4, 1841
15 John J. Crittenden
1st Term
Lawyer,

22nd Secretary of State of Kentucky,

United States Senator from Kentucky

Kentucky March 5, 1841 September 12, 1841 William Henry Harrison
John Tyler
16 Hugh S. Legaré Lawyer,

Member of the U.S. House of Representatives from South Carolina's 1st district

Acting United States Minister to Belgium,

7th Attorney General of South Carolina

South Carolina September 13, 1841 June 20, 1843
17 John Nelson Lawyer,

United States Chargé d'Affaires to the Kingdom of the Two Sicilies,

Member of the U.S. House of Representatives from Maryland's 4th district

Maryland July 1, 1843 March 4, 1845
18 John Y. Mason Lawyer,

16th United States Secretary of the Navy

Judge of the United States District Court for the Eastern District of Virginia,

Member of the U.S. House of Representatives from Virginia's 2nd district

Virginia March 5, 1845 October 16, 1846 James K. Polk
19 Nathan Clifford Lawyer,

Member of the U.S. House of Representatives from Maine's 1st district,

Attorney General of Maine,

Member of the Maine House of Representatives,

Maine October 17, 1846 March 17, 1848
20 Isaac Toucey Lawyer,

33rd Governor of Connecticut,

Member of the U.S. House of Representatives from Connecticut's at-large district and 1st district

Connecticut June 21, 1848 March 4, 1849
21 Reverdy Johnson Lawyer,

United States Senator from Maryland

Maryland March 8, 1849 July 21, 1850 Zachary Taylor
22 John J. Crittenden
2nd Term
Lawyer,

15th United States Attorney General

22nd Secretary of State of Kentucky,

United States Senator from Kentucky

Kentucky July 22, 1850 March 4, 1853 Millard Fillmore
23 Caleb Cushing Lawyer,

United States Minister to China,

Member of the U.S. House of Representatives from Massachusetts's 3rd district

Massachusetts March 7, 1853 March 4, 1857 Franklin Pierce
24 Jeremiah S. Black Lawyer,

Justice of the Pennsylvania Supreme Court

Pennsylvania March 6, 1857 December 16, 1860 James Buchanan
25 Edwin Stanton Lawyer Pennsylvania December 20, 1860 March 4, 1861
26 Edward Bates Lawyer,

Member of the U.S. House of Representatives from Missouri's at-large district,

Attorney General of Missouri

Missouri March 5, 1861 November 24, 1864 Abraham Lincoln
27 James Speed Lawyer,

Member of the Kentucky House of Representatives

Kentucky December 2, 1864 July 22, 1866
Andrew Johnson
28 Henry Stanbery Lawyer,

Attorney General of Ohio

Ohio July 23, 1866 July 16, 1868
29 William M. Evarts Lawyer New York July 17, 1868 March 4, 1869
30 Ebenezer R. Hoar Lawyer, judge Massachusetts March 5, 1869 November 22, 1870 Ulysses S. Grant
31 Amos T. Akerman Lawyer, teacher Georgia November 23, 1870 December 13, 1871
32 George Henry Williams Oregon December 14, 1871 April 25, 1875
33 Edwards Pierrepont New York April 26, 1875 May 21, 1876
34 Alphonso Taft Ohio May 22, 1876 March 4, 1877
35 Charles Devens Massachusetts March 12, 1877 March 4, 1881 Rutherford B. Hayes
36 Wayne MacVeagh Pennsylvania March 5, 1881 December 15, 1881 James A. Garfield
Chester A. Arthur
37 Benjamin H. Brewster Pennsylvania December 16, 1881 March 4, 1885
38 Augustus Garland Arkansas March 6, 1885 March 4, 1889 Grover Cleveland
39 William H. H. Miller Indiana March 7, 1889 March 4, 1893 Benjamin Harrison
40 Richard Olney Massachusetts March 6, 1893 April 7, 1895 Grover Cleveland
41 Judson Harmon Ohio April 8, 1895 March 4, 1897
42 Joseph McKenna California March 5, 1897 January 25, 1898 William McKinley
43 John W. Griggs New Jersey January 25, 1898 March 29, 1901
44 Philander C. Knox Pennsylvania April 5, 1901 June 30, 1904
Theodore Roosevelt
45 William Henry Moody Massachusetts July 1, 1904 December 17, 1906
46 Charles Bonaparte Maryland December 17, 1906 March 4, 1909
47 George W. Wickersham New York March 4, 1909 March 4, 1913 William Howard Taft
48 James C. McReynolds Tennessee March 5, 1913 August 29, 1914 Woodrow Wilson
49 Thomas Watt Gregory Texas August 29, 1914 March 4, 1919
50 A. Mitchell Palmer Pennsylvania March 5, 1919 March 4, 1921
51 Harry M. Daugherty Ohio March 4, 1921 April 6, 1924 Warren G. Harding
Calvin Coolidge
52 Harlan F. Stone New York April 7, 1924 March 1, 1925
53 John G. Sargent Vermont March 7, 1925 March 4, 1929
54 William D. Mitchell Minnesota March 4, 1929 March 4, 1933 Herbert Hoover
55 Homer Stille Cummings Connecticut March 4, 1933 January 1, 1939 Franklin D. Roosevelt
56 Frank Murphy Michigan January 2, 1939 January 18, 1940
57 Robert H. Jackson New York January 18, 1940 August 25, 1941
58 Francis Biddle Pennsylvania August 26, 1941 June 26, 1945
Harry S. Truman
59 Tom C. Clark Texas June 27, 1945 July 26, 1949
60 J. Howard McGrath Rhode Island July 27, 1949 April 3, 1952
61 James P. McGranery Pennsylvania April 4, 1952 January 20, 1953
62 Herbert Brownell Jr. New York January 21, 1953 October 23, 1957 Dwight D. Eisenhower
63 William P. Rogers New York October 23, 1957 January 20, 1961
64 Robert F. Kennedy Massachusetts January 20, 1961 September 3, 1964 John F. Kennedy
Lyndon B. Johnson
65 Nicholas Katzenbach Illinois September 4, 1964[a] January 28, 1965
January 28, 1965 November 28, 1966
66 Ramsey Clark Texas November 28, 1966[a] March 10, 1967
March 10, 1967 January 20, 1969
67 John N. Mitchell New York January 20, 1969 February 15, 1972 Richard Nixon
68 Richard Kleindienst Arizona February 15, 1972 April 30, 1973[3]
69 Elliot Richardson Massachusetts April 30, 1973[3] October 20, 1973
Robert Bork[b]
Acting
Pennsylvania October 20, 1973 January 4, 1974
70 William B. Saxbe Ohio January 4, 1974 January 14, 1975
Gerald Ford
71 Edward H. Levi Illinois January 14, 1975 January 20, 1977
Dick Thornburgh[c]
Acting
Pennsylvania January 20, 1977 January 26, 1977 Jimmy Carter
72 Griffin Bell Georgia January 26, 1977 August 16, 1979
73 Benjamin Civiletti Maryland August 16, 1979 January 19, 1981
74 William French Smith California January 23, 1981 February 25, 1985 Ronald Reagan
75 Edwin Meese California February 25, 1985 August 12, 1988
76 Dick Thornburgh Pennsylvania August 12, 1988 August 15, 1991
George H. W. Bush
77 William Barr
1st Term
United States Deputy Attorney General (1990-1991)

United States Assistant Attorney General for the Office of Legal Counsel (1989-1990)

Virginia August 16, 1991[a] November 26, 1991
November 26, 1991 January 20, 1993
Stuart M. Gerson[d]
Acting
Washington, D.C. January 20, 1993 March 12, 1993 Bill Clinton
78 Janet Reno Florida March 12, 1993 January 20, 2001
Eric Holder[e]
Acting
United States Deputy Attorney General (1997-2001)

United States Attorney for the District of Columbia (1993-1997)

Judge of the Superior Court of the District of Columbia (1998-1993)

Washington, D.C. January 20, 2001 February 2, 2001 George W. Bush
79 John Ashcroft Missouri February 2, 2001 February 3, 2005
80 Alberto Gonzales Texas February 3, 2005 September 17, 2007
Paul Clement[f]
Acting
Washington, D.C. September 17, 2007 September 18, 2007
Peter Keisler[f]
Acting
Washington, D.C. September 18, 2007 November 9, 2007
81 Michael Mukasey New York November 9, 2007 January 20, 2009
Mark Filip
Acting
Illinois January 20, 2009 February 3, 2009 Barack Obama
82 Eric Holder Acting United States Attorney General (2001)

United States Deputy Attorney General (1997-2001)

United States Attorney for the District of Columbia (1993-1997)

Judge of the Superior Court of the District of Columbia (1998-1993)

Washington, D.C. February 3, 2009 April 27, 2015
83 Loretta Lynch United States Attorney for the Eastern District of New York (1999-2001, 2010-2015)

Member of the Board of the Federal Reserve Bank of New York (2003-2005)

New York April 27, 2015 January 20, 2017
Sally Yates[g]
Acting
Georgia January 20, 2017 January 30, 2017 Donald Trump
Dana Boente
Acting
Virginia January 30, 2017 February 9, 2017
84 Jeff Sessions United States Senator from Alabama (1997-2017)

Attorney General of Alabama (1995-1997)

United States Attorney for the Southern District of Alabama (1981-1993)

Alabama February 9, 2017 November 7, 2018
Rod Rosenstein
Acting[h]
Maryland November 7, 2018
Matthew Whitaker
Acting[i]
Iowa November 7, 2018 February 14, 2019
85 William Barr
2nd Term
77th United States Attorney General (1991-1993)

United States Deputy Attorney General (1990-1991)

United States Assistant Attorney General for the Office of Legal Counsel (1989-1990)

Virginia February 14, 2019 December 23, 2020
Jeffrey A. Rosen
Acting
Massachusetts December 24, 2020 January 20, 2021
John Demers[j]
Acting
Massachusetts January 20, 2021 Joe Biden
Monty Wilkinson
Acting
Washington, D.C. January 20, 2021 March 11, 2021
86 Merrick Garland Chief Judge of the United States Court of Appeals for the District of Columbia Circuit (2013-2020)

Nominee for Associate Justice of the Supreme Court (2016)

Judge of the United States Court of Appeals for the District of Columbia Circuit (1997-2013)

Maryland March 11, 2021
  1. 1.0 1.1 1.2 Served as acting attorney general in his capacity as deputy attorney general, until his own appointment and confirmation as attorney general.
  2. 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.
  3. 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.
  4. Served as acting attorney general in his capacity as Assistant Attorney General for the DOJ Civil Division.[4] Gerson was fourth in the line of succession at the Justice Department, but other senior DOJ officials had already resigned.[5] Janet Reno, President Clinton's nominee for attorney general, was confirmed on March 12,[6] and he resigned the same day.[6]
  5. 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.
  6. 6.0 6.1 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.[7] 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.[8][9] According to administration officials, Clement became acting attorney general at 12:01 am September 17, 2007, and left office 24 hours later.[10] Keisler served as acting attorney general until the confirmation of Michael Mukasey on November 9, 2007.
  7. Served as acting attorney general in her capacity as deputy attorney general, until she was fired after stating that the Department of Justice would not defend an executive order in court.[11]
  8. 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 President Donald Trump signed an executive order naming Matthew Whitaker as acting attorney general later that day.[12]
  9. 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.[13] Maryland filed an injunction against Whitaker's appointment on this basis.[14] John E. Bies at Lawfare regarded it as an unresolved question.[15] The DOJ Office of Legal Counsel released a legal opinion, asserting that the appointment was legal and consistent with past precedent.[16]
  10. 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.[17]

References

[change | change source]
  1. "3 U.S. Code § 19 - Vacancy in offices of both President and Vice President; officers eligible to act". Retrieved November 7, 2018.
  2. 5 U.S.C. § 5312.
  3. 3.0 3.1 Stern, Laurence; Johnson, Haynes (May 1, 1973). "3 Top Nixon Aides, Kleindienst Out; President Accepts Full Responsibility; Richardson Will Conduct New Probe". The Washington Post. Retrieved February 28, 2019.
  4. Staff reporter (February 21, 1993). "Stuart Gerson's Parting Shot". The New York Times. Retrieved December 12, 2008. As supporters of the Brady gun-control bill prepare to introduce it in Congress yet again this week, they find a welcome, if unlikely, ally in Stuart Gerson, the Acting Attorney General. Because President Clinton has had so many problems finding a new Attorney General, Mr. Gerson remains in office...
  5. Labaton, Stephen (January 25, 1993). "Notes on Justice; Who's in Charge? Bush Holdover Says He Is, but Two Clinton Men Differ". The New York Times. Retrieved December 12, 2008.
  6. 6.0 6.1 Ifill, Gwen (March 12, 1993). "Reno Confirmed in Top Justice Job". The New York Times. Retrieved December 12, 2008. She will replace Acting Attorney General Stuart M. Gerson, a holdover appointee from the Bush Administration. Ms. Reno said he resigned today.
  7. Meyers, Steven Lee (August 27, 2007). "Embattled Attorney General Resigns". The New York Times. Retrieved August 27, 2007.
  8. "President Bush Announces Judge Michael Mukasey as Nominee for Attorney General", White House press release, September 17, 2007
  9. "Bush Text on Attorney General Nomination". NewsOK.com. The Oklahoman. The Associated Press. September 17, 2007. Retrieved September 18, 2007.
  10. Eggen, Dan; Elizabeth Williamson (September 19, 2007). "Democrats May Tie Confirmation to Gonzales Papers". The Washington Post. pp. A10. Retrieved September 19, 2007.
  11. Perez, Evan; Diamond, Jeremy (January 30, 2017). "Trump fires acting AG after she declines to defend travel ban". CNN. Retrieved March 12, 2018.
  12. Blitzer, Ronn (November 7, 2018). "Attorney General Jeff Sessions is Out. Here's What Could Happen Next". Law & Crime. Retrieved September 18, 2024.
  13. "Opinion | Trump's Appointment of the Acting Attorney General Is Unconstitutional". Retrieved 2018-11-15.
  14. "Maryland Says Matthew Whitaker Appointment As Acting Attorney General Is Unlawful". NPR.org. Retrieved 2018-11-15.
  15. "Matthew Whitaker's Appointment as Acting Attorney General: Three Lingering Questions". Lawfare. 2018-11-08. Retrieved 2018-11-15.
  16. Jarrett, Laura. "DOJ says Whitaker's appointment as acting attorney general is constitutional". CNN. Retrieved 2018-11-15.
  17. "Trump's acting attorney general leaves without creating controversial special counsels". CNN.