What a US attorney general actually does – a law professor spells it out

Source: The Conversation – USA – By Jennifer Selin, Associate Professor of Law, Arizona State University

President Donald Trump fired Attorney General Pam Bondi on April 2, 2026, only 14 months after she was sworn into office, making her time in the role the shortest in 60 years.

While much recent attention has focused on Trump’s decision to fire Bondi, there has been less attention on what the attorney general actually does, or what happens when the attorney general gets fired.

The attorney general is the lawyer appointed by the president and confirmed by the Senate to lead the Department of Justice, known as the DOJ. Because the attorney general’s expansive responsibilities place the office at the forefront of both politics and the law, the position is one of the most important in the federal executive branch.

File lawsuits, give advice

Congress created the position of attorney general in 1789 so the national government had a designated lawyer to conduct federal lawsuits for crimes against the United States such as counterfeiting, piracy or treason, and to give legal advice to the president and cabinet officials, such as the secretary of the Treasury.

Initially, the attorney general served part time. Indeed, for the first few decades of U.S. history, most attorneys general maintained private law practices and even lived away from the capital. But as the federal government began to do more, the role of the attorney general grew and became a full-time job.

The attorney general represents the United States in all legal matters. In doing so, the attorney general supervises federal prosecutions by the 93 U.S. attorneys who live and work across the United States to enforce federal laws. The attorney general also supervises almost all legal actions involving federal agencies – from the Department of Homeland Security and the Environmental Protection Agency to the Social Security Administration.

For example, in the past few months, DOJ lawyers supervised by the attorney general have charged people with conspiring to smuggle artificial intelligence technology to China and negotiated an agreement requiring Ford Motor Company to clean contaminated groundwater in New Jersey. They have also worked with Wisconsin to successfully prosecute deceptive timeshare exit services targeting elderly customers.

Additionally, the attorney general gives legal advice to the president and heads of the cabinet departments. This includes providing recommendations to the president on whom he should appoint as federal judges and prosecutors.

In combination, these two aspects of the job, representing the U.S. and advising the cabinet departments, mean that the attorney general plays a key role in helping the president perform his constitutional duty to take care that the laws of the United States are faithfully executed.

115,000 employees

Since 1870, attorneys general have had an entire executive department – the Department of Justice – to help them execute their duties.

Today’s department contains over 70 distinct offices, initiatives and task forces, all of which the attorney general supervises. There are currently over 115,000 employees in the department.

The DOJ contains litigation units divided by subject matter like antitrust, civil rights, tax and national security. Each of these units conducts investigations and participates in federal lawsuits related to its expertise.

The Justice Department also has several law enforcement agencies that help ensure the safety and health of people who live in the United States. The most well-known of these agencies include the FBI, the Drug Enforcement Administration and the U.S. branch of the International Criminal Police Organization, known as Interpol.

Additionally, the DOJ contains corrections agencies like the Federal Bureau of Prisons and the U.S. Parole Commission. These agencies work to ensure consistent and centralized coordination of federal prisons and offenders.

Finally, the department manages several grant administration agencies. These agencies, such as Community Oriented Policing Services, the Office of Justice Programs and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking, or SMART, provide financial assistance, training and advice to state, local, tribal and territorial governments as they work to enforce the law in their own communities.

Separating politics from law

Given all the attorney general’s responsibilities, the role is both political and legal. As such, attorneys general historically have a difficult task in separating their jobs as policy adviser from their duties as chief legal officer of the United States.

For example, President George W. Bush’s attorney general, Roberto Gonzales, resigned from office amid accusations of the DOJ’s politicized firing of U.S. attorneys and misuse of terrorist surveillance programs. And Loretta Lynch, President Barack Obama’s attorney general, was criticized for meeting privately with former President Bill Clinton while former Secretary of State Hillary Clinton was under investigation by the DOJ.

The attorney general’s job is complicated by the fact that the president has the constitutional power to fire them for political reasons.

During his first term, Trump replaced Attorney General Jeff Sessions after Sessions angered Trump by recusing himself – removing himself – from overseeing the Mueller investigation into Russian interference in the 2016 election.

Given the attorney general’s connection to the president and the attorney general’s position as the head of the DOJ, when Bondi originally got the job critics saw her as a key part of Trump’s plan to control the department’s agenda, including through the use of the FBI to pursue his perceived enemies.

And now Trump has reportedly fired Bondi for failure to execute his vision.

What next?

Under current law, the president can designate a Senate-confirmed official in the administration or another high-ranking person who has worked within the DOJ for 90 days to serve as acting attorney general. Presidents across both parties historically have relied on these temporary appointments to steer the department as they decide whom to nominate officially for the position.

President Trump has named Todd Blanche as acting attorney general. Blanche, who served as deputy attorney general under Bondi, represented Trump in three of the four major criminal lawsuits he faced before the 2024 presidential election.

Trump is rumored to have discussed Lee Zeldin, the current head of the Environmental Protection Agency, to be Bondi’s permanent replacement. Zeldin worked as part of Trump’s legal defense team during his first impeachment trial.

Blanche’s temporary appointment and Zeldin’s potential nomination have spurred more questions about the politicization of the DOJ.

A recent Associated Press study found that only two in 10 Americans have a great deal of confidence in the department. In part, this is a result of the longstanding political connections between the presidents and their attorneys general.

Ultimately, the fate of the nation’s top law enforcement official is in the hands of politicians.

This is an updated version of an article originally published on Dec. 19, 2024. It is part of a series of profiles explaining Cabinet and high-level administration positions.

Jennifer Selin does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

– ref. What a US attorney general actually does – a law professor spells it out – https://theconversation.com/what-a-us-attorney-general-actually-does-a-law-professor-spells-it-out-279949