“President Trump Tells Senate Majority Leader Thune That If Matt Gaetz Is Not Confirmed As AG He Will Use The Federal Vacancies Reform Act To Appoint Him”
@JeffClarkUS
https://x.com/TrumpDailyPosts/status/1858558971126088011
President Donald Trump is suggesting on social media that if the Senate won’t confirm Matt Gaetz as the next Attorney General, Trump will go an alternate route.
Trump could use the Federal Vacancies Reform Act of 1998 instead of the recess appointment process, which has also been floated to get the Panhandle Republican through a Senate where many Republicans are skeptical of the Gaetz pick.
That 1998 law allows for temporary appointments.
“If no one has been nominated to the position, an acting officer may serve in the position for no longer than 210 days beginning on the date of the vacancy. However, for any vacant positions that exist during the 60-day period beginning on a transitional Presidential inauguration day, an acting officer may serve in the position for no longer than 300 days beginning on the inauguration day or the date of the vacancy,” an FAQ reads.
https://floridapolitics.com/archives/708364-donald-trump-floats-workaround-if-senate-wont-confirm-ag-pick-matt-gaetz/
S. Rept. 105-250 - FEDERAL VACANCIES REFORM ACT OF 1998
105th Congress (1997-1998)
COMMITTEE ON GOVERNMENTAL AFFAIRS
FRED THOMPSON, Tennessee, Chairman
… section 3349a extends the 150-day period in sections 3346 and 3348 for vacancies that exist on or that arise within 60 days after a presidential inaugural transition. In effect, the 150-day period becomes 240 days in this circumstance, running from the later of the date the vacancy arose or the transitional inauguration day. The bill defines a presidential inaugural transition as a date on which any person swears or affirms the oath of office as President, if such person was not the President on the date preceding the date of the swearing or affirming such oath of office. The time limit is extended in this circumstance because a new president will have essentially all positions in the executive branch requiring Senate confirmation to fill when he assumes office and may require additional time to nominate individuals to fill them.
https://www.congress.gov/congressional-report/105th-congress/senate-report/250/1