ExecutiveOrdersEO
MemoMemorandumG.W. Bush · R

Presidential Memorandum

Designation of Officers of the Department of Justice

This memorandum establishes a line of succession for the Attorney General position, specifying that if the Attorney General, Deputy Attorney General, Associate Attorney General, and other designated officers are unable to serve, the U.S. Attorneys for the Southern District of New York, Eastern District of Virginia, and Western District of Texas would act as Attorney General in that order. It revokes a prior 2002 memorandum on the same topic.

Federal Register Open PDF 71 FR 74753

Impact dates

  1. Attorney General to publish memorandum in Federal Register

Key directives

  • Establish order of succession for Attorney General: SDNY USA, EDVA USA, WDTX USA
  • Revoke March 19, 2002 memorandum
  • Direct Attorney General to publish in Federal Register
  • Exclude acting officeholders from succession
  • Preserve presidential discretion under FVRA

Who is ordered

Timeline

Immediate

  • Revocation of March 19, 2002 memorandum takes effect
  • New succession order effective upon signing

Near term (90d)

  • Attorney General to publish memorandum in Federal Register

Long term

  • Continuity of DOJ leadership in emergency scenarios

Risks & tensions

  • Presidential discretion clause in Section 2(b) creates tension with fixed succession order
  • Vague timing for Federal Register publication
Presidential Memorandum: Designation of Officers of the Department of Justice · Executive Orders