What does attorney general do

What It Is

An attorney general is the chief legal officer of a government, serving as the principal representative for the state or nation in legal matters and functioning as the head of the law enforcement and legal system apparatus. The position combines executive, legislative, and judicial advisory functions, requiring the attorney general to enforce laws, prosecute criminal violations, defend government interests in civil litigation, and provide authoritative legal opinions to other government officials and agencies. In federal systems like the United States, the Attorney General serves as both a cabinet member advising the President on legal and law enforcement matters and as an independent officer responsible for administering the justice system according to constitutional principles. The role emerged from British common law traditions where the Attorney General represented the Crown in legal proceedings, a concept adapted and developed within American legal institutions.

The U.S. Attorney General position was formally established in 1789 with the creation of the Department of Justice's predecessor office, with the first attorney general, Edmund Randolph, appointed by President George Washington and approved by the Senate in 1789. The position evolved significantly during the 19th century, with the Department of Justice formally created in 1870 to consolidate federal legal functions under centralized authority and expand the attorney general's administrative powers. Notable figures including Charles Bonaparte, who modernized the Department of Justice and established the Bureau of Investigation (predecessor to the FBI), and Robert Kennedy, who used the office to enforce civil rights legislation during the 1960s, shaped the attorney general's evolving role and responsibilities. State attorneys general offices emerged throughout the 19th and early 20th centuries as states developed their own legal systems and administrative structures, with most states establishing the position through state constitutions or legislation.

The position encompasses multiple specialized sub-roles and divisions within modern legal systems, including criminal prosecutors (Assistant U.S. Attorneys), civil litigators defending government interests, appellate specialists handling appeals courts, antitrust attorneys, environmental prosecutors, and administrative law specialists managing agency regulations. The attorney general directs federal law enforcement agencies including the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and U.S. Marshals Service, coordinating their operations with broader law enforcement strategy. State attorneys general similarly manage assistant attorneys general who handle criminal prosecution, civil defense, consumer protection, and environmental enforcement within state systems. The office structure varies between jurisdictions; some states elect attorneys general as independent constitutional officers, while others appoint them, creating different accountability mechanisms and political dynamics.

How It Works

The attorney general exercises prosecutorial discretion by directing the initiation, continuation, or dismissal of criminal cases through subordinate prosecutors, representing government interests in determining which laws to prioritize for enforcement and which individuals or organizations to prosecute for violations. The office operates networks of Assistant U.S. Attorneys (federal) or Assistant Attorneys General (state) who handle specific cases under the attorney general's delegated authority, creating a hierarchy of legal professionals implementing enforcement policy determined at the top. The attorney general's office issues prosecutorial guidelines and legal memoranda establishing priorities and principles for federal prosecutors nationwide, such as directives regarding sentencing recommendations, plea agreements, and prosecution of specific crime categories. For example, the Department of Justice under Attorney General Janet Reno issued guidelines for federal prosecutors regarding capital punishment cases, while Attorney General Eric Holder directed federal prosecutors to avoid charging mandatory minimum sentences for low-level drug offenses.

The attorney general also serves as the primary litigator defending government actions in court, arguing cases before federal courts and managing litigation strategy when government policies or officials are challenged legally, with significant cases including constitutional challenges to legislation and administrative regulations. The Office of the Solicitor General, a division within the Department of Justice, directly represents the federal government before the Supreme Court, the nation's highest court, arguing cases involving fundamental constitutional issues and federal law interpretation. State attorneys general similarly defend state legislation, constitutional provisions, and administrative actions in state and federal courts, requiring them to balance legal obligations with elected state officials' policy preferences. The attorney general's litigation authority extends to civil rights enforcement; for instance, the Department of Justice under Attorney General Loretta Lynch initiated major civil rights investigations into police departments nationwide following high-profile police shootings and racial justice concerns.

The attorney general provides binding legal opinions to other government officials and agencies, interpreting constitutional provisions, statutes, and regulations in ways that guide government action and policy implementation, with these opinions often establishing de facto legal rules affecting millions of people. The attorney general issues formal opinions addressing constitutional questions, statutory interpretation, and agency authority that bind executive branch officials unless overruled by courts or superseding presidential directives. For example, Attorney General William Barr issued a legal memorandum concluding that the President could not be prosecuted under obstruction of justice statutes while in office, influencing the Special Counsel Robert Mueller investigation into Russian interference in the 2016 election. State attorneys general issue formal opinions regarding state constitutional provisions and statutes, such as opinions on campaign finance law, election administration, and regulatory authority, which guide state officials' official actions and policy decisions.

Why It Matters

The attorney general position is fundamentally important because it represents the intersection of law and executive power, determining which laws are aggressively enforced and which are de-emphasized, thereby shaping practical implementation of the legal system affecting millions of individuals and organizations. The attorney general's prosecutorial decisions influence crime rates and criminal justice outcomes; for instance, differing approaches to drug enforcement between attorney general administrations have affected sentencing rates, incarceration numbers, and treatment availability, with federal incarceration rates fluctuating based on prosecutorial priorities. According to the Bureau of Justice Statistics, federal prosecutorial decisions by the Department of Justice affect approximately 70,000 federal criminal cases annually, while state attorneys general collectively manage over 300,000 prosecutions annually, making their enforcement choices statistically significant. Civil litigation managed by the attorney general involves billions of dollars in damages and settlements; for example, the Department of Justice negotiated a $25 billion settlement with major banks regarding mortgage lending practices violations during the 2008 financial crisis.

The attorney general profoundly influences civil rights and constitutional interpretation through litigation strategy and prosecutorial priorities, with decisions having consequences for marginalized communities and fundamental freedoms; for example, Attorney General John Ashcroft's policies prioritizing federal prosecution of drug crimes increased incarceration of African American defendants significantly. The attorney general's authority over federal law enforcement agencies gives the position substantial power over surveillance, investigation, and law enforcement operations, with attorney general decisions regarding FBI operations, wiretapping authority, and international law enforcement activities shaping national security policy and civil liberties protections. Major attorney general decisions regarding antitrust enforcement affect competitive markets and corporate consolidation; for instance, the Department of Justice's decisions whether to challenge corporate mergers in telecommunications, technology, and pharmaceutical industries directly influence market structure and consumer prices. The attorney general's authority over civil rights enforcement determines whether discrimination complaints are investigated and prosecuted; according to the Civil Rights Division records, the Department of Justice investigates hundreds of civil rights complaints annually involving police misconduct, housing discrimination, and employment discrimination.

The attorney general position carries significance for separation of powers, checks and balances, and presidential accountability, with the attorney general theoretically providing independent legal advice while remaining subject to presidential directives, creating ongoing tensions about political independence versus executive loyalty. The attorney general's investigation authority can investigate sitting Presidents, cabinet members, and other high-ranking officials, as occurred with Special Counsel investigations initiated by attorneys general regarding allegations of criminal conduct by administration officials. Public trust in legal institutions depends substantially on attorney general competence and ethical standards; attorney general scandals or perceptions of politicized prosecution undermine public confidence in law enforcement and the justice system generally. The attorney general's role in addressing systemic injustice, implementing criminal justice reform, and protecting vulnerable populations makes the position crucial for social progress; progressive attorneys general have initiated major civil rights investigations into police departments, sexual harassment by elected officials, and environmental crimes, while conservative attorneys general have prioritized different enforcement priorities.

Common Misconceptions

A widespread misconception is that the attorney general functions as a completely independent judicial officer, when in fact the attorney general serves as a cabinet-level executive official subject to presidential direction and policy preferences, requiring the attorney general to balance legal obligations with loyalty to elected leadership. Some assume that the attorney general personally argues all major criminal cases or conducts all significant litigation, when the attorney general manages thousands of subordinate attorneys who handle specific cases while the attorney general focuses on policy, major cases, and administrative leadership. Another common error is believing that the attorney general can unilaterally overturn laws or declare them unconstitutional, when only courts have authority to invalidate laws through judicial review; the attorney general can decline to defend certain laws in court or challenge them, but cannot independently nullify legislation. Many assume that the attorney general's office operates entirely separately from political considerations, when in reality prosecutorial discretion inherently involves policy choices that reflect the attorney general's and President's political philosophies and priorities.

Some mistakenly believe that all state attorneys general function identically or possess the same powers as federal attorneys general, when significant variation exists in state attorney general authority, duties, and election mechanisms, with some states electing attorneys general independently while others appoint them, affecting their political accountability and independence. A common misconception is that the attorney general has authority to arrest individuals or personally conduct criminal investigations, when the attorney general is a legal administrator whose authority is exercised through subordinate prosecutors, investigators, and law enforcement officers. Another error involves assuming that the attorney general can simply dismiss all prosecutions of politically favored individuals or refuse to prosecute disfavored groups, when statutory and constitutional constraints, judicial oversight, and professional ethics rules limit prosecutorial discretion and prohibit certain discriminatory practices. Some assume that becoming attorney general requires previous judicial experience or law practice, when the position requires only basic legal qualification and political appointment, with some attorneys general lacking extensive legal backgrounds or courtroom experience.

Many mistakenly believe that attorney general decisions are always made by the attorney general personally, when large bureaucratic departments employ thousands of attorneys with significant autonomy in individual cases and policy implementation, meaning the attorney general's influence is necessarily delegated and mediated. Some assume that the attorney general's role is primarily symbolic or ceremonial, when the position involves substantial real power affecting millions of people through prosecutorial discretion, litigation strategy, legal opinions, and law enforcement agency oversight. Another misconception involves thinking that recent attorney general scandals or ethical violations represent historical anomalies, when political pressure, conflicts of interest, and ethical violations have periodically affected the office throughout its history, requiring institutional reforms and professional standards to prevent abuse. Finally, some mistakenly believe that the attorney general position is nonpartisan or devoid of political content, when the position is inherently political due to prosecutorial discretion, enforcement priorities, and constitutional interpretation questions that reflect partisan values and policy preferences.