Providing an Order of Succession Within the Department of Justice

Presidential Document Executive Order

Executive Order 14136: Order of Succession Within the Department of Justice

On January 3, 2025, the President issued Executive Order 14136, establishing a new order of succession for the Department of Justice. This order outlines the officials who will assume the role of Attorney General if the current Attorney General and other designated officers are unable to perform their duties. The order also revokes a previous executive order from 2017 and clarifies the limitations and exceptions to the succession plan.

  • The order of succession is activated if the Attorney General and other designated officers are unable to perform their duties.
  • The succession list includes U.S. Attorneys from the Southern District of New York, District of Arizona, Northern District of Illinois, and District of Hawaii.
  • Individuals serving in an acting capacity in these roles cannot act as Attorney General under this order.
  • The President retains the discretion to deviate from this order when designating an acting Attorney General.
  • Executive Order 13787 from March 31, 2017, is revoked by this new order.
  • The order does not create any enforceable rights or benefits against the U.S. government.

Summary last updated: January 20, 2025

Original Text
Federal Register, Volume 90 Issue 7 (Monday, January 13, 2025) [Federal Register Volume 90, Number 7 (Monday, January 13, 2025)] [Presidential Documents] [Pages 2581-2582] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-00611] Presidential Documents Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Presidential Documents [[Page 2581]] Executive Order 14136 of January 3, 2025 Providing an Order of Succession Within the Department of Justice By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, as amended, 5 U.S.C. 3345 et seq. (the ``Act''), it is hereby ordered that: Section 1. Order of Succession. Subject to the provisions of section 2 of this order, and to the limitations set forth in the Act, the following officials of the Department of Justice, in the order listed, shall act as and perform the functions and duties of the office of Attorney General during any period in which the Attorney General, the Deputy Attorney General, the Associate Attorney General, and any officers designated by the Attorney General pursuant to 28 U.S.C. 508 to act as Attorney General have died, resigned, or otherwise become unable to perform the functions and duties of the office of Attorney General, until such time as at least one of the officers mentioned above is able to perform the functions and duties of that office: (a) United States Attorney for the Southern District of New York; (b) United States Attorney for the District of Arizona; (c) United States Attorney for the Northern District of Illinois; and (d) United States Attorney for the District of Hawaii. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1(a)-(d) of this order in an acting capacity shall, by virtue of so serving, act as Attorney General pursuant to this order. (b) No individual who is serving in an office listed in section 1(a)-(d) of this order shall act as Attorney General unless that individual is otherwise eligible to so serve under the Act. (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Attorney General. Sec. 3. Revocation. Executive Order 13787 of March 31, 2017 (Providing an Order of Succession Within the Department of Justice), is hereby revoked. Sec. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. [[Page 2582]] (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (Presidential Sig.) THE WHITE HOUSE, January 3, 2025. [FR Doc. 2025-00611 Filed 1-10-25; 8:45 am] Billing code 3395-F4-P

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