Senate Confirmation Process: A Brief Overview
Lorraine H. Tong
Analyst in American
National Government
July 20, 2009
>>3960660 LawFags, any validity to this dig? RE: Whitaker's AAG appointment.
Question 14.
Are there limitations on the ability of a first assistant to serve
in an acting capacity?
Answer.
In addition to the time limit on the length of service of an acting officer, see Q23, the Vacancies Reform Act also limits a first assistant’s ability to be the nominee for the office and, at the same time, to continue to serve as the acting officer for that office. If the President nominates the first assistant for the vacant office, the first assistant may continue to serve as the acting officer for that position only if (1) the first assistant served as first assistant for at least ninety days (they need not be consecutive days) during the 365-day period that preceded the beginning of the vacancy, or (2) the office of first assistant is itself a PAS position and the Senate approved the appointment of that first assistant to the first assistant’s position5 U.S.C. § 3345(b).
Whitaker served in the office of the AG as chief of staff…..