Providing an Order of Succession Within the Department of Justice

This executive order establishes a specific line of succession for who may act as Attorney General if 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 prior administration's succession order from January 2017.

Federal Register Open PDF 82 FR 10697

Impact dates

Feb 9, 2017
EO takes effect and EO 13762 revoked

Key directives

Establish succession order: U.S. Attorney EDVA, then U.S. Attorney NDIL, then U.S. Attorney WDM
Exclude acting officials from ascending by virtue of their acting position
Require eligibility under Federal Vacancies Reform Act of 1998
Preserve presidential discretion to depart from this order
Revoke Executive Order 13762 of January 13, 2017

Who is ordered

Timeline

Immediate

EO 13762 revoked
new succession order takes effect

Near term (90d)

—

Long term

standing succession protocol for DOJ leadership vacancies

Risks & tensions

Political context: EO 13762 was signed by Obama 6 days before leaving office; this early Trump EO replaces it, suggesting prioritization of DOJ control
Unusual to specify U.S. Attorneys rather than Senate-confirmed DOJ officials; may reflect anticipated vacancies or desire for politically aligned successors
Presidential discretion clause (Sec. 2(c)) preserves flexibility but creates uncertainty about when order would actually be followed