The role, powers, and responsibilities of the US Attorney General combine four jobs in one appointment: chief legal advisor to the President, head of the Department of Justice, supervisor of nearly all federal litigation, and Cabinet officer. The office is one of the oldest in the executive branch, created by the Judiciary Act of 1789.1United States Department of Justice. Organization, Mission and Functions Manual – Office of the Attorney General What makes the position unusual is how much of federal law enforcement, courtroom strategy, and executive-branch legal interpretation runs through a single desk.
Running the Department of Justice
Congress placed nearly all functions of the Department of Justice in the Attorney General’s hands. With narrow exceptions for administrative law judges and the Federal Prison Industries board, every officer, agency, and employee of the department operates under authority legally vested in the Attorney General.2Office of the Law Revision Counsel. 28 USC 509 – Functions of the Attorney General That means budget priorities, enforcement policy, and staffing decisions across a sprawling department all trace back to the same office.3Office of the Law Revision Counsel. 28 USC 503 – Attorney General
Several federal law enforcement agencies report up through the Attorney General. The FBI is responsible to the office and channels its findings to U.S. Attorneys around the country.4Federal Bureau of Investigation. Who Monitors or Oversees the FBI So do the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Marshals Service, and the Bureau of Prisons. Internal divisions handle their own subject matter, including the Civil Rights Division, Antitrust Division, and Criminal Division, but each answers to the Attorney General.
The department’s reach extends into every federal judicial district through 94 U.S. Attorney offices. Those attorneys serve as the chief federal law enforcement officers in their districts and handle both criminal prosecutions and civil cases involving the government.5Offices of the United States Attorneys. About the U.S. Attorneys Offices The Attorney General sets the policies they work under through the Justice Manual, which shapes how offices exercise prosecutorial discretion and manage cases.
Legal Advice to the President and Federal Agencies
The oldest duty of the office is giving legal advice. Federal law directs the Attorney General to advise the President on any question of law the President raises, and heads of executive departments can request formal legal opinions on issues that arise in running their agencies.6Office of the Law Revision Counsel. 28 USC 511 – Attorney General To Advise the President7Office of the Law Revision Counsel. 28 USC 512 – Attorney General To Advise Heads of Executive Departments
Most of this advisory work moves through the Office of Legal Counsel, a specialized unit inside the department. OLC opinions carry weight across the executive branch. Federal courts have described them as a particularly important form of controlling legal advice, and agencies as a matter of longstanding practice treat OLC conclusions as binding. Because OLC often addresses questions no court is likely to resolve, its opinions can effectively be the final word on what the law requires of federal agencies.
Control of Federal Litigation
Almost every lawsuit involving the United States runs through the Department of Justice. Federal law reserves the conduct of any suit in which the government is a party or has an interest to DOJ officers under the Attorney General’s direction.8Office of the Law Revision Counsel. 28 USC 516 – Conduct of Litigation Reserved to Department of Justice The Attorney General supervises all federal litigation and directs every U.S. Attorney and special attorney in the performance of their duties.9Office of the Law Revision Counsel. 28 USC Chapter 31 – The Attorney General The office can also send any DOJ officer to any state or federal court to represent government interests in a pending case.10Office of the Law Revision Counsel. 28 USC 517 – Interests of United States in Pending Suits
Cases at the Supreme Court are handled by the Solicitor General, who decides which lower court losses to appeal, what arguments to present, and who argues them before the justices.11United States Department of Justice. Office of the Solicitor General The Attorney General also manages the process of settling claims against the government.
Decisions Reserved to the Attorney General Personally
Federal Death Penalty
No federal prosecutor can seek the death penalty without the Attorney General’s personal written approval. The Justice Manual sets a formal protocol: review at the local U.S. Attorney level, then review at Main Justice, before the decision reaches the Attorney General. Defense counsel typically has an opportunity to submit written arguments against seeking death before a final decision is made.
Special Counsel Appointments
When a criminal investigation would create a conflict of interest for the Department of Justice or involves extraordinary circumstances, the Attorney General can appoint an outside Special Counsel. Doing so requires a finding that a conflict or extraordinary circumstance exists and that the public interest warrants an independent investigation.12eCFR. 28 CFR 600.1 – Grounds for Appointing a Special Counsel
A Special Counsel operates with day-to-day independence, but the Attorney General keeps oversight authority. The office can request an explanation for any investigative or prosecutorial step and, after giving the Special Counsel’s views significant weight, can block an action deemed inappropriate under established department practices. If the Attorney General overrules the Special Counsel, Congress must be notified.13eCFR. 28 CFR 600.7 – Conduct and Accountability
Civil Rights Investigations of Police
The Attorney General can investigate whether a law enforcement agency is engaging in a pattern of conduct that violates people’s constitutional rights. When there is reasonable cause to believe such violations are occurring, the government can file a civil lawsuit seeking a court order to stop the misconduct.14Office of the Law Revision Counsel. 34 USC 12601 – Cause of Action These investigations have historically led to consent decrees imposing reforms on police departments.
National Security Authorizations
Under the Foreign Intelligence Surveillance Act, the Attorney General and the Director of National Intelligence jointly authorize the targeting of non-U.S. persons located abroad for foreign intelligence collection, subject to approval from the Foreign Intelligence Surveillance Court.15National Security Agency. Signals Intelligence – FISA The Attorney General also adopts the minimization procedures that protect the privacy of U.S. persons whose communications are incidentally collected during that surveillance.
Clemency Review and Reports to Congress
The Office of the Pardon Attorney sits inside the Department of Justice and reviews petitions for pardons, sentence commutations, fine remissions, and reprieves. Its recommendations flow through the Attorney General to the President.16United States Department of Justice. Office of the Pardon Attorney The clemency power itself belongs to the President, but the Attorney General’s recommendation shapes which petitions receive serious consideration.
Each year by April 1, the Attorney General must submit a report to Congress on the department’s work in the prior fiscal year. The report covers budget information, federal crime statistics, and a count of pending civil and criminal cases in every federal court.17Office of the Law Revision Counsel. 28 USC 522 – Report of Business and Statistics
Appointment, Removal, and Succession
The President nominates the Attorney General under Article II, Section 2 of the Constitution, the same provision that governs ambassadors and Supreme Court justices.18Congress.gov. Constitution of the United States – Article II The Senate Judiciary Committee conducts background review and public hearings before recommending the nominee to the full Senate. Confirmation requires a simple majority; a 50-50 tie allows the Vice President to cast the deciding vote. The current Attorney General, Pam Bondi, was confirmed on February 4, 2025, by a vote of 54 to 46.19Congress.gov. PN11-2 – Pamela Bondi – Department of Justice
The President can remove the Attorney General at any time. In practice, Presidents typically request a resignation rather than issuing a formal dismissal, but the removal authority itself is well established.
When the office is vacant or the Attorney General is unable to serve, federal law sets a chain of command. The Deputy Attorney General steps in first. If neither is available, the Associate Attorney General takes over. The Attorney General may also designate the Solicitor General and Assistant Attorneys General as further successors.20Office of the Law Revision Counsel. 28 USC 508 – Vacancies