Executive Order 13762-Providing an Order of Succession Within the Department of Justice
Issued 2017-01-13 by Barack Obama
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order establishes a backup plan for who would run the Department of Justice if the Attorney General and other top officials suddenly become unable to do their jobs. If the Attorney General, Deputy Attorney General, Associate Attorney General, and anyone else the Attorney General has already designated all die, resign, or otherwise cannot serve, the order creates a list of three U.S. Attorneys who would step in temporarily. These are the U.S. Attorneys for the Eastern District of Virginia, the Northern District of Illinois, and the Central District of California, in that order.
The order includes important limitations: someone already serving in an acting capacity cannot use this order to become acting Attorney General, and anyone stepping in must meet the requirements of the Federal Vacancies Reform Act of 1998. The President also retains the ability to choose someone else if permitted by law, rather than following this succession list.
This order affects the Department of Justice's leadership continuity and matters because it ensures there's always someone legally authorized to lead the department during unexpected vacancies. It replaced a previous succession order from 2010. The order operates under authority granted by the Constitution and federal law, specifically the Federal Vacancies Reform Act.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13762 addresses "Executive Order 13762-Providing an Order of Succession Within the Department of Justice". Executive orders are a long-established exercise of presidential power, used by every President since George Washington. They are grounded in Article II of the Constitution, which vests executive power in the President and directs them to "take Care that the Laws be faithfully executed."
Executive orders cannot create new law, contradict existing federal statutes, or exceed the President's constitutional authority. The legitimacy of any specific order depends on whether it operates within statutory authority Congress has delegated, directs the executive branch on matters within its constitutional purview, or attempts to substitute executive policy for legislative choices. Courts can and do review executive orders for conformity with the Constitution and federal law.
Official Summary
Administration of Barack Obama, 2017 Executive Order 13762—Providing an Order of Succession Within the Department of Justice January 13, 2017 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, 5 U.S.C. 3345 et seq ., it is hereby ordered that: Section 1 . Order of Succession . Subject to the provisions of section 2 of this order, the following officers, 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 District of Columbia; (b) United States Attorney for the Northern District of Illinois; and (c) United States Attorney for the Central District of California. Sec. 2 .