United States Attorney General

United States Attorney General
U.S. government · Public domain · source
Office name	Attorney General of the United States
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
Formation	September 26, 1789
First holder	Edmund Randolph
Salary	Executive Schedule, Level I

Contents

United States Attorney General is the head of the United States Department of Justice and the chief law enforcement officer and chief legal advisor of the President of the United States. The Attorney General supervises federal law enforcement policy, represents the United States in legal matters before the Supreme Court of the United States and lower federal courts, and advises executive branch agencies such as the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The office has evolved through constitutional debates, landmark statutes, and high-profile controversies involving figures like Edmund Randolph, John Ashcroft, Eric Holder, Loretta Lynch, and Jeff Sessions.

Office and role

The Attorney General leads the United States Department of Justice and oversees components including the Civil Division (DOJ), the Criminal Division (DOJ), the Antitrust Division (DOJ), and the Office of Legal Counsel. The Attorney General serves as the principal legal advisor to the President of the United States and executive agencies such as the Department of Homeland Security and the Central Intelligence Agency when legal interpretation is required. The office interacts regularly with the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Prisons, and the United States Marshals Service to implement federal statutes like the Patriot Act and the Civil Rights Act of 1964. In addition, the Attorney General may issue guidance impacting litigation in the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit, and the United States Court of Appeals for the Second Circuit.

Created by the First Congress in 1789, the office originated in the Judiciary Act of 1789 and was first held by Edmund Randolph during the administration of George Washington. Throughout the 19th century figures such as John J. Crittenden and Edward Bates shaped the role amid events like the War of 1812 aftermath and the American Civil War. The Progressive Era, including the administrations of Theodore Roosevelt and Woodrow Wilson, expanded federal prosecutorial priorities and antitrust enforcement against corporations like Standard Oil through the Antitrust Division (DOJ). The 20th century saw the Department formalized under presidents such as Franklin D. Roosevelt and Harry S. Truman, with landmark initiatives during the Civil Rights Movement involving Attorneys General Robert F. Kennedy and Nicholas Katzenbach. Post-9/11 legal shifts under Attorneys General John Ashcroft and Michael Mukasey intersected with policies of George W. Bush, while investigations during the administrations of Barack Obama and Donald Trump involved figures like Eric Holder, Loretta Lynch, Jeff Sessions, and William Barr.

The Attorney General is nominated by the President of the United States and confirmed by the United States Senate pursuant to the Appointments Clause of the United States Constitution. Historically, confirmations have invoked hearings before the Senate Judiciary Committee, and nominees such as Ruth Bader Ginsburg (nominated to the Supreme Court of the United States) contrast with Attorneys General like Alberto Gonzales who faced contentious Senate consideration. There is no fixed term; Attorneys General serve at the pleasure of the President and may be removed by the President, as occurred in administrations including Richard Nixon and Ronald Reagan. Acting Attorneys General, drawn from officials such as the Deputy Attorney General or the Solicitor General of the United States, have filled vacancies in episodes involving resignations or dismissals.

Statutory authority derives from laws enacted by the United States Congress, including the Judiciary Act of 1789 and later codifications in the United States Code. The Attorney General directs federal prosecutions, supervises civil litigation on behalf of the United States, and enforces federal statutes such as the Violent Crime Control and Law Enforcement Act, the Controlled Substances Act, and immigration statutes administered with the Department of Homeland Security. The Attorney General issues legal opinions through the Office of Legal Counsel that inform agency action and can influence litigation before the Supreme Court of the United States and the United States Court of Appeals for the Ninth Circuit. The office coordinates with agencies like the Federal Bureau of Investigation, the National Security Agency, and the Central Intelligence Agency on counterterrorism and national security matters, balancing statutory authority with decisions in cases such as Hamdan v. Rumsfeld.

The Department of Justice includes principal offices reporting to the Attorney General: the Deputy Attorney General, the Associate Attorney General, the Solicitor General of the United States, and heads of divisions including the Civil Rights Division (DOJ, the Criminal Division (DOJ), the Antitrust Division (DOJ), and the Environment and Natural Resources Division. United States Attorneys in the United States Attorneys' offices prosecute federal crimes in judicial districts such as the Southern District of New York, the Northern District of California, and the Eastern District of Virginia. The Attorney General oversees career prosecutors, political appointees, and offices like the Office of the Inspector General (DOJ), the Office of Professional Responsibility, and the Executive Office for United States Attorneys. Coordination with entities such as the Federal Trade Commission, the Securities and Exchange Commission, and the Department of Justice Antitrust Division is routine in enforcement actions.

Attorneys General have been central to controversies and landmark actions: Edmund Randolph in early republic disputes; John Mitchell during the Watergate scandal under Richard Nixon; Robert F. Kennedy during the Civil Rights Movement and the campaign against organized crime; John Ashcroft and Alberto Gonzales over post-9/11 surveillance and detention policies under George W. Bush; Eric Holder regarding the Fast and Furious (ATF operation) and civil rights enforcement under Barack Obama; Jeff Sessions with recusal issues during the Special Counsel investigation (2017–2019) under Donald Trump; and William Barr in controversies tied to the Mueller Report and reports to Congress of the United States. Other notable figures include Edmund Randolph, Charles Joseph Bonaparte, Thomas R. Marshall (as Vice President and other offices), Nicholas Katzenbach, Janet Reno, Loretta Lynch, and current officeholder Merrick Garland. Debates involving the office often center on separation of powers issues found in cases like Youngstown Sheet & Tube Co. v. Sawyer and debates over executive privilege in disputes involving the Congressional oversight process.