U.S. Attorney General
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| U.S. Attorney General | |
|---|---|
| Post | Attorney General of the United States |
| Flagcaption | Flag of the Attorney General |
| Insigniacaption | Seal of the Department of Justice |
| Incumbent | Merrick Garland |
| Incumbentsince | March 11, 2021 |
| Department | United States Department of Justice |
| Style | The Honorable |
| Reports to | President of the United States |
| Seat | Washington, D.C. |
| Appointer | President of the United States (with United States Senate confirmation) |
| Termlength | No fixed term |
| Formation | 1789 |
| First | Edmund Randolph |
U.S. Attorney General.
The Attorney General serves as the chief law enforcement officer and chief lawyer of the United States federal executive branch, overseeing the United States Department of Justice, advising the President of the United States and executive departments, and representing the United States in legal matters. The office interfaces with federal entities such as the Federal Bureau of Investigation, Drug Enforcement Administration, and Bureau of Prisons, and engages courts including the Supreme Court of the United States and various United States Courts of Appeals.
Role and Responsibilities
The Attorney General directs the United States Department of Justice and sets federal enforcement priorities across agencies like the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Drug Enforcement Administration, issues legal opinions for the President of the United States and cabinet departments, and supervises litigating positions before tribunals including the Supreme Court of the United States, United States Court of Appeals for the District of Columbia Circuit, and regional United States District Court benches. The Attorney General implements statutes such as the Civil Rights Act of 1964, the Patriot Act, and the Voting Rights Act of 1965 through federal prosecutions and policy guidance, coordinates with entities like the Federal Trade Commission on antitrust matters, and works with international institutions including the International Criminal Court and Interpol on transnational crime and extradition. The office issues regulations under statutes administered by the Department, oversees civil rights enforcement in partnership with the United States Commission on Civil Rights, handles national security litigation alongside the National Security Council, and manages asset forfeiture, immigration enforcement litigation, and antitrust suits in coordination with state attorneys general.
History
The office traces to the Judiciary Act of 1789 and the first Attorney General, Edmund Randolph, who advised the First Congress and the George Washington administration. Early occupants engaged disputes such as the Marbury v. Madison era controversies and counseled on matters before the Supreme Court of the United States and in foreign affairs involving treaties like the Treaty of Paris (1783). During the Civil War period, Attorneys General advised Abraham Lincoln on wartime powers and habeas corpus; in the Progressive Era figures like Charles Joseph Bonaparte influenced antitrust enforcement tied to the Sherman Antitrust Act. The twentieth century saw expansion of the Department under Attorneys General such as Harry M. Daugherty, Frank Murphy, and Robert F. Kennedy during the Civil Rights Movement, with landmark litigation aligning the Department with decisions like Brown v. Board of Education. Post-World War II Attorneys General engaged Cold War issues including investigations of alleged subversion and coordination with agencies such as the Central Intelligence Agency. Recent decades involved Attorneys General overseeing responses to terrorism after September 11 attacks, reforms following litigation exemplified by United States v. Nixon, and engagements in digital privacy disputes involving companies like Microsoft and Apple Inc..
Appointment and Tenure
The Attorney General is nominated by the President of the United States and confirmed by the United States Senate under the Appointments Clause of the United States Constitution. There is no fixed term; tenure depends on presidential administration, resignation, or removal by the President. Acting Attorneys General have served under statutory provisions such as the Vacancies Reform Act; some appointments have required Senate hearings involving committees like the United States Senate Committee on the Judiciary. Confirmation votes have reflected partisan dynamics in the United States Senate and public scrutiny informed by media outlets like The New York Times and The Washington Post.
Organizational Structure and Office of the Attorney General
The Office of the Attorney General sits atop the United States Department of Justice and includes principal deputies such as the Deputy Attorney General and the Associate Attorney General, with senior litigators in the Office of the Solicitor General representing the United States before the Supreme Court of the United States. Component offices include the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Prisons, Civil Rights Division (United States Department of Justice), Criminal Division (DOJ), and the Antitrust Division (DOJ). The Attorney General coordinates with executive entities like the Office of Management and Budget and legislative bodies including the United States Congress on budgets and statutory enforcement priorities, and interacts with state counterparts such as state attorneys general and multistate coalitions during major antitrust or consumer protection actions.
Notable Attorneys General and Significant Cases
Notable Attorneys General include Edmund Randolph, John Ashcroft, Robert F. Kennedy, Earl Warren (who later became Chief Justice), and Janet Reno, each associated with consequential litigation and policy. Significant cases and matters involving Attorneys General encompass United States v. Nixon, the enforcement actions around Brown v. Board of Education, antitrust suits like United States v. Microsoft Corp., organized crime prosecutions targeting figures in cases linked to Mafia investigations, civil rights enforcement in cases related to Voting Rights Act of 1965 litigation, and national security prosecutions following the September 11 attacks including litigation under the Patriot Act. Attorneys General have also been central to major investigations such as the Watergate scandal and high-profile prosecutions coordinated with the Federal Bureau of Investigation and United States Attorney offices.
Controversies and Criticism
The office has faced controversies over politicization of prosecutions, use of surveillance powers linked to the Foreign Intelligence Surveillance Act, handling of detainees at Guantanamo Bay Naval Base, and involvement in executive assertions of privilege as in United States v. Nixon. Criticism has arisen from members of United States Congress, advocacy groups like the American Civil Liberties Union, and legal scholars regarding civil liberties, separation of powers, and discretionary charging decisions; high-profile resignations and congressional oversight hearings have featured in episodes such as scrutiny during the Watergate scandal and debates during polarization in the United States Senate.