President-elect Donald Trump has stunned many with his nomination of Rep. Matt Gaetz for Attorney General this Wednesday.
Gaetz’s nomination to the role — typically held by more seasoned politicians with substantial legal experience — has sparked serious concerns about the 42-year-old’s qualifications. Additionally, the Florida politician has been a controversial figure, having faced a years-long Justice Department investigation that began in 2019 into allegations of sex trafficking and obstruction of justice.
As the situation evolves, here’s everything you need to know about the role, the next steps following the nomination, and more.
What Is the U.S. Attorney General?
The U.S. Attorney General is the head of the Department of Justice (DOJ) and serves as the chief law enforcement officer and legal advisor to the president and the executive branch. The Attorney General is responsible for overseeing the entire U.S. legal system, including agencies such as the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and U.S. Marshals Service.
The AG represents the government in legal disputes and, in some cases, may personally argue cases before the Supreme Court. Additionally, the Attorney General sets priorities for federal prosecutors nationwide and ensures that federal law is enforced consistently across the country.
How Is the U.S. Attorney General Appointed?
The U.S. Attorney General is nominated by the sitting president. While the nominee does not have to be a lawyer, most appointees historically have extensive legal experience, often with backgrounds in law enforcement, private practice, or public service roles.
Once the president nominates an individual, the nomination is sent to the U.S. Senate. The Senate Judiciary Committee typically holds hearings to question the nominee and assess their qualifications. This process includes reviewing the nominee’s professional history, legal views, and ability to lead the Department of Justice (DOJ).
After the committee hearings, the nomination is brought before the full Senate for a vote. A simple majority (51 votes) is required for confirmation. If the Senate approves the nomination, the individual is officially appointed as Attorney General.
How Long Does a U.S. Attorney General Hold Office?
The U.S. Attorney General serves at the discretion of the president and holds the position until they resign, are replaced, or the president leaves office. There is no fixed term, but the Attorney General typically serves for the duration of the president’s administration. However, the sitting president can replace the AG at any time, and the appointment must be confirmed by the Senate.
Who Is the Current U.S. Attorney General?
Merrick Garland is the current U.S. Attorney General, appointed by President Joe Biden in 2021.
The past AGs over the last 10 years include:
- William Barr (2019–2021)
Appointed by Trump, Barr served as AG during the final years of Trump’s presidency. - Matthew Whitaker (2018–2019)
Appointed by Trump as Acting Attorney General after Jeff Sessions‘ resignation. Whitaker served as acting AG until Barr’s confirmation. - Jeff Sessions (2017–2018)
Appointed by Trump, Sessions resigned under pressure in 2018, largely due to tensions over his recusal from the Russia investigation. - Loretta Lynch (2015–2017)
Appointed by Barack Obama, Lynch served as AG during Obama’s second term. - Eric Holder (2009–2015)
Appointed by Obama, Holder was the first African American Attorney General and served throughout Obama’s first term.