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Saturday, December 9, 2006

Texas Prosecutor in Line for Attorney General

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U.S. Attorney Johnny K. Sutton, whose district includes Austin, is in line to become the nation’s attorney general. But it would take scandal, sadness and/or tragedy for it to happen. And even then it might not happen.

A new order from President Bush officially puts Sutton in the line of succession to “perform the functions and duties of the attorney general” should AG Alberto Gonzales, his two top aides and “the officers designated by (Gonzales)” become unavailable because they have “died, resigned or otherwise become unable to perform the functions and duties of the office of attorney general.”

If all those folks are out of the picture, Bush’s order puts U.S. Attorney Michael Garcia of New York next in line, followed by U.S. Attorney Chuck Rosenberg of Virginia and Sutton, who is at the bottom of the list established by Bush.

And, in another reminder of the scope of presidential powers, Bush’s order allows him “to depart from this memorandum by designating an acting attorney general” if a vacancy occurred.

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