What Is 2018 US Attorney General elections

Overview

The U.S. Attorney General is the head of the Department of Justice and the chief law enforcement officer of the federal government. Despite common misconceptions, this position is not filled through public elections but through presidential appointment and Senate confirmation. Therefore, there were no 2018 U.S. Attorney General elections.

Following Jeff Sessions' resignation in November 2017, the role remained in flux through 2018. Matthew Whitaker served as acting Attorney General, followed by William Barr’s nomination in late 2018 and confirmation in 2019. The year 2018 was pivotal in shaping the leadership of the Justice Department during a politically charged period.

• Jeff Sessions resigned on November 7, 2017, after a prolonged conflict with President Trump over the Russia investigation, creating a vacancy filled temporarily.
• Matthew Whitaker became acting Attorney General immediately after Sessions' departure, serving from November 2017 to February 2019 without Senate confirmation.
• William Barr was nominated on December 7, 2018, marking the official transition plan from interim to permanent leadership under the Trump administration.
• No public vote or election occurred in 2018 or any year for the U.S. Attorney General, as the Constitution designates it an appointed role.
• The Senate Judiciary Committee held hearings for Barr in January 2019, reviewing his qualifications before the full Senate voted on confirmation.

How It Works

The process for appointing the U.S. Attorney General is defined by federal law and constitutional procedure, not electoral mechanisms. Unlike state attorneys general, who may be elected in some states, the federal Attorney General serves at the pleasure of the President.

• Term: The Attorney General serves at the discretion of the President and can be dismissed at any time. There is no fixed term length, unlike elected offices.
• Nomination process begins with the President selecting a candidate, often in consultation with advisors and party leaders, to lead the Department of Justice.
• Senate confirmation requires a majority vote in the U.S. Senate after review by the Senate Judiciary Committee, which holds hearings and evaluates the nominee.
• Acting officials can serve temporarily, as Matthew Whitaker did, though legal debates exist about the duration and authority of such appointments.
• Partisan implications are significant, as the Attorney General enforces laws and oversees investigations that may impact political figures and national policy.
• Historical precedent shows that most Attorneys General resign when a new President takes office, ensuring alignment with the administration’s legal and political priorities.

Comparison at a Glance

The following table compares key aspects of federal and state attorney general roles, highlighting why 2018 saw elections for state-level positions but not the U.S. Attorney General.

While 34 states elected their attorneys general in 2018, the federal role remained outside the electoral process. State-level elections drew significant attention due to their impact on issues like immigration, gun control, and consumer protection, but the federal position followed a separate, non-electoral path.

Why It Matters

Understanding the distinction between elected and appointed attorneys general is crucial for civic literacy and informed political discourse. The federal appointment system centralizes legal authority under the executive branch, while state elections reflect local accountability.

• Checks and balances are affected when a politically appointed Attorney General oversees investigations into the President or administration officials.
• Public trust can be influenced by perceptions of independence, especially when acting officials like Whitaker bypass Senate confirmation.
• State-level elections in 2018 saw Democrats gain control in several key states, shifting enforcement priorities on issues like environmental regulation.
• Legal precedents set by the Attorney General, such as on marijuana enforcement or antitrust actions, have long-term national implications.
• Succession rules allow for interim appointments, but prolonged use can raise constitutional concerns about accountability and oversight.
• Presidential influence is substantial, as the Attorney General implements administration policies, from immigration raids to criminal justice reform.

The absence of a 2018 election for U.S. Attorney General underscores the unique structure of federal executive appointments. While states engage voters directly, the federal model relies on nomination and legislative scrutiny, balancing expertise with political alignment.