Providing an Order of Succession Within the Department of Justice

2010-11-09Executive Order 13557
Signed by: Barack Obama
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Headline: Establishes Order of Succession for Justice Department Leadership

What it does: The Department of Justice must follow a specified list of United States Attorneys to act as Attorney General when senior officials cannot serve.

Real World Impact:
  • Names specific United States Attorneys to act as Attorney General in a set order.
  • Bars individuals already serving in acting roles from becoming acting Attorney General.
  • Requires eligibility under the Federal Vacancies Reform Act and allows presidential discretion.
Topics: government succession, Justice Department leadership, federal vacancies, emergency leadership

Summary

This order sets who will act as Attorney General if the Attorney General, Deputy Attorney General, Associate Attorney General, and any officers designated under 28 U.S.C. 508 are dead, resigned, or unable to serve.

It names three United States Attorneys in this order: Eastern District of Virginia, District of Minnesota, and District of Arizona. The order bars people already serving in an acting role from becoming acting Attorney General, requires eligibility under the Federal Vacancies Reform Act, allows the President to depart from the list when law permits, and revokes a prior 2008 succession order.

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