Providing An Order of Succession Within the Department of Justice

This executive order establishes a line of succession for the Attorney General position if the Attorney General, Deputy Attorney General, Associate Attorney General, and other designated officers are unable to serve. It names three specific U.S. Attorneys (Maryland, Southern Alabama, and Northern Georgia) as successors in that order, superseding a 2006 memorandum.

Federal Register Open PDF 73 FR 75531

Impact dates

Dec 8, 2006
Supersede December 8, 2006 memorandum on DOJ officer designations

Key directives

Establish succession order: U.S. Attorney for District of Maryland first, then Southern District of Alabama, then Northern District of Georgia
Disqualify acting officeholders from succession by virtue of acting status
Require eligibility under Federal Vacancies Reform Act of 1998
Preserve presidential discretion to depart from this order
Supersede December 8, 2006 memorandum on DOJ officer designations

Timeline

Immediate

Order takes effect upon signing; succession line is now established

Near term (90d)

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Long term

Remains in force until superseded; governs any future Attorney General vacancies or incapacitations

Risks & tensions

Highly specific geographic choices for succession may raise questions about selection criteria; text provides no rationale
Presidential discretion clause (Sec. 2(c)) means this order is advisory rather than binding on the President
No right or benefit created (Sec. 4), limiting enforceability if succession is contested
Vague whether 'unable to perform' includes temporary vs. permanent incapacity