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Executive Order 14136Executive Order

Providing an Order of Succession Within the Department of Justice

Donald J. Trump
Signed: Jan 3, 2025
Published: Jan 13, 2025
Standard Summary
Comprehensive overview

This executive order establishes a specific line of succession to act as Attorney General (AG) within the Department of Justice (DOJ) if the AG, Deputy AG, Associate AG, and any other DOJ officials designated to act under the Federal Vacancies Reform Act are all unable to perform the duties. The order names four U.S. Attorneys—Southern District of New York (SDNY), District of Arizona, Northern District of Illinois, and District of Hawaii—as the first in line to assume the AG’s functions, continuing this arrangement until at least one of the listed officials can resume those duties. It adds eligibility and capacity restrictions, clarifies the President’s reserved discretion to designate someone else, revokes a prior executive order on the same topic (EO 13787, 2017), and states that the order does not create enforceable rights. The order is framed to operate in accordance with applicable law and existing budgetary constraints. In short, this order provides a narrowly defined, legally constrained path for an acting Attorney General to be appointed from among four named U.S. Attorneys if key DOJ leadership is unavailable, superseding the 2017 rule and clarifying that the arrangement does not alter overall executive or budgetary authority or create new legal rights outside the FVRA framework.

Key Points

  • 1Order of Succession: If the Attorney General, Deputy Attorney General, Associate Attorney General, and any DOJ officers designated to act under 28 U.S.C. 508 are dead, resigning, or otherwise unable to perform, the following officials shall act as Attorney General in the specified order: (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; (d) United States Attorney for the District of Hawaii.
  • 2Acting Authority Restrictions: Individuals serving in an acting capacity in any of the listed offices cannot use that status to act as Attorney General under this order. They must be eligible to serve as AG under the Federal Vacancies Reform Act.
  • 3Presidential Discretion: The President retains the authority, within the bounds of the law, to depart from this order when designating an acting Attorney General.
  • 4Revocation of Prior Policy: This order revokes Executive Order 13787 (2017), which previously provided an order of succession within the DOJ.
  • 5Legal and Budget Context: The order must be implemented consistent with applicable law and subject to the availability of appropriations; it does not alter the power or functions of the DOJ or the Office of Management and Budget.
  • 6Rights and Proceedings: The order states it is not intended to create any enforceable rights or benefits for any party in law or equity.
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