Remember when Clinton nominated Janet Reno as AG and fired 93 US attorneys in one fell swoop? A lot can happen, quickly

President Clinton’s dismissal of 93 U.S. attorneys in 1993 was a routine part of a new administration asserting its priorities. U.S. attorneys are political appointees who serve at the president’s pleasure, and it’s common for an incoming administration to replace them with individuals aligned with its policies. Clinton’s decision, while sweeping, followed precedent and allowed him to appoint attorneys who would support his agenda. It was not without controversy but was consistent with the authority granted to presidents over these positions.

www.tampabay.com/archive/2007/03/25/as-attorney-firings-go-clinton-s-weren-t-special/

BREAKING News: Trump has sent word to the Senate Majority Leader Thune that if the Senate doesn’t confirm AG Gaetz, he will appoint him using the Federal Vacancies Reform Act of 1998, which allows for temporary appointments for up to 210 days, with a possible 210-day extension. This individual would not require Senate confirmation.

🚨🚨BREAKING News: Trump has sent word to the Senate Majority Leader Thune that if the Senate doesn't confirm AG Gaetz, he will appoint him using the Federal Vacancies Reform Act of 1998, which allows for temporary appointments for up to 210 days, with a possible 210-day… pic.twitter.com/teDMupM0VS

— Leo The Lion (@LeoTheLion1964) November 18, 2024

Under the Federal Vacancies Reform Act of 1998 (FVRA), the president can appoint certain officials to serve in an acting capacity for up to 210 days (and possibly longer under certain conditions). However, there are legal and political limitations:

• Eligibility: The appointee must meet the FVRA criteria, such as being a senior official in the same department or someone previously confirmed by the Senate for another position. If Gaetz does not meet these criteria, the appointment could face legal challenges.
• Scope: An acting official has the authority to perform the duties of the office temporarily, but they are not formally confirmed as the permanent officeholder.
• Political Fallout: Such a move would likely generate significant political controversy, especially if bypassing Senate confirmation appears to undermine the confirmation process.

While FVRA allows temporary appointments, it’s not a permanent workaround for Senate rejection or delay of a nominee.

h/t Dodger007