Providing an Order of Succession Within the Department of Justice
Signed February 9, 2017·Donald Trump·82 FR 10697
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Establishes an order of succession for the office of Attorney General, specifying that if the Attorney General, Deputy Attorney General, Associate Attorney General, and any officers designated under 28 U.S.C. 508 are unable to serve, the role passes in order to the United States Attorney for the Eastern District of Virginia, then the Northern District of Illinois, then the Western District of Missouri. It excludes anyone already serving in one of those roles in an acting capacity from using this order to become acting Attorney General, and requires that anyone acting under this order be otherwise eligible under the Federal Vacancies Reform Act of 1998. The President retains authority to depart from this order when permitted by law. It revokes the prior succession order, Executive Order 13762, and states it creates no enforceable legal rights for outside parties.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Revokes: EO 13762, January 13, 2017 Revoked by: EO 13787, March 31, 2017
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
Executive Order 13775 of February 9, 2017
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, 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 Eastern District
of Virginia;
(b) United States Attorney for the Northern
District of Illinois; and
(c) United States Attorney for the Western District
of Missouri.
Sec. 2. Exceptions. (a) No individual who is serving in
an office listed in section 1 of this order in an
acting capacity, by virtue of so serving, shall act as
Attorney General pursuant to this order.
(b) No individual listed in section 1 shall act as
Attorney General unless that individual is otherwise
eligible to so serve under the Federal Vacancies Reform
Act of 1998.
(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 of Executive Order. Executive Order
13762 of January 13, 2017, is revoked.
Sec. 4. General Provision. 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,
February 9, 2017.Reproduced from the Federal Register plain-text record, signed February 9, 2017. Typesetting artifacts are removed; no wording is changed.