FR 2025-00611

In a recent entry to the Federal Register, President issued Executive Order 14136, which outlines a new order of succession for the United States Department of Justice. This order is pertinent for ensuring continuity in leadership within the Department, especially in situations where the leading officials are unable to perform their duties.

Summary of the Executive Order

The new order of succession specifies that if the Attorney General, Deputy Attorney General, or Associate Attorney General cannot serve, certain U.S. Attorneys will fill the role. Specifically, the order lists U.S. Attorneys from the Southern District of New York, the District of Arizona, the Northern District of Illinois, and the District of Hawaii as successors in that order. This succession plan will remain in place until one of the primary officials can resume their duties. Notably, the order has revoked a prior executive order from 2017, effectively replacing it with this updated version.

Significant Issues and Concerns

A few important issues arise from this executive order. Firstly, it refrains from detailing the distinctions between the revoked 2017 order and the new one, potentially leaving those unfamiliar with the previous order puzzled regarding the changes. Additionally, Section 2(c) introduces some ambiguity by granting the President discretion to alter the order of succession. This could potentially lead to concerns about consistency and predictability in governance during transitions of power.

Another point of consideration is the provision stating that the document does not create any legally enforceable rights. While standard in many legal texts, this statement might be confusing for the general public, implying that the order itself doesn't grant new rights to any party outside the procedural establishment of management within the department.

Impact on the General Public

While the average citizen may not directly feel the effects of this succession order, it plays a critical role in the stability of legal and governmental operations. By ensuring a clear line of succession, the government aims to maintain effective leadership and prevent disruptions that might arise during transitions.

Impact on Specific Stakeholders

The primary stakeholders affected by this order are those within the Department of Justice and, more specifically, the individuals serving as U.S. Attorneys. These individuals are placed in a position of heightened responsibility, potentially stepping into a major leadership role. Moreover, they must meet eligibility requirements to fulfill this elevated position. However, given the President's discretion to alter the succession line, these stakeholders may face uncertainties regarding their actual likelihood of serving as acting Attorney General.

Overall, Executive Order 14136 establishes an important protocol within the Department of Justice, guiding the process of leadership succession and ensuring the continuity of critical legal functions. Yet, the document also leaves room for interpretation and discretion, presenting both challenges and opportunities for those involved in its implementation.