"Judge" Napolitano is wrong.
Vacancies act is at 5 USC 3345
https://www.law.cornell.edu/uscode/text/5/3345
(a)(3) says the president may appoint anybody GS-15 who has been in the department for 90 days in the past 365 days.
Good post. Even the cites in the 60K sealed indictments summary undermine the conclusion. Some districts file ALL indictments sealed as a matter of normal routine.