Memorandum for Emmet T. Flood, Counsel to the President, from Steven A. Engel, Assistant Attorney General, Office of Legal Counsel, Re: Designating an Acting Attorney General

182 Designating an Acting Attorney General The President’s designation of a senior Department of Justice official to serve as Acting Attorney General was expressly authorized by the Vacancies Reform Act. That act is available to the President even though the Department’s organic statute prescribes an alternative succession mechanism for the office of Attorney General. The President’s designation of an official who does not hold a Senate-confirmed office to serve, on a temporary basis, as Acti...