Providing an Order of Succession Within the Department of Justice

This executive order establishes a specific line of succession for acting Attorney General when the Attorney General, Deputy Attorney General, Associate Attorney General, and other designated officers are unavailable. It names three U.S. Attorneys in priority order and revokes the previous Obama-era succession order from 2010.

Federal Register Open PDF 82 FR 7619

Impact dates

Jan 13, 2017
EO effective upon signing; Executive Order 13557 revoked

Key directives

Establish order of succession: U.S. Attorney D.C., then N.D. Illinois, then C.D. California
Exclude acting officeholders from succession by virtue of acting status
Require eligibility under Federal Vacancies Reform Act
Preserve presidential discretion to depart from this order
Revoke Executive Order 13557 of November 4, 2010

Timeline

Immediate

Revocation of Executive Order 13557
New succession order takes effect

Near term (90d)

—

Long term

Applies whenever Attorney General and designated successors are simultaneously unavailable

Risks & tensions

Unusual specificity in naming three U.S. Attorneys rather than DOJ political appointees or senior career officials
Timing (final days of Obama administration) suggests potential anticipation of transition instability
Presidential discretion clause (Sec. 2(c)) preserves flexibility but creates uncertainty about binding nature
Exclusion of acting officeholders may create gaps if multiple positions are simultaneously vacant