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Legal Dispute Could Let Todd Blanche Stay as Acting Attorney General Without Senate Confirmation

Conflicting readings of vacancy laws would determine how long he can run the Justice Department.

Overview

  • Legal scholars, cited by Politico, are split on whether President Trump can keep Blanche in the job past standard limits without a Senate vote.
  • The Federal Vacancies Reform Act caps acting service at 210 days, which would take Blanche to October 29, and that clock can stretch if the White House submits a nomination.
  • Some experts, including Stanford’s Anne Joseph O’Connell, say the Attorney General Succession Act has no time limit, pointing to Julie Su’s long stint as acting labor secretary as a guide.
  • The White House could skip naming a nominee to avoid a hearing, and if a nominee fails, Blanche could keep serving while a second choice is pending, according to Politico’s reporting.
  • Blanche, a former Trump lawyer, faces pressure over his handling of Jeffrey Epstein files and Ghislaine Maxwell records, and attorneys expect lawsuits that test how long he can legally serve.