Dem
47
GOP
53
With Pam Bondi now gone, Donald Trump needs a new AG. He wants one who will focus exclusively on indicting people who have criticized him in the past. There are probably candidates who would be willing to break the law for him, but the problem is getting them through the Senate. Invariably one or more senators will ask the nominee: "If the president orders you to indict someone he hates but who has broken no law, what will you do?" If the nominee says he or she will follow Trump's orders, he or she won't be confirmed. If the nominee lies and does it anyway, a Democratic House in 2027 could impeach the AG for lying to Congress. Sen. Thom Tillis (R-NC), who is on the Senate Judiciary Committee, has already said that he will not vote for any nominee who excuses the Jan. 6, 2021, attack on the Capitol. There are plenty of other controversies senators could ask about. Also, AG nominations have not always been a glide path, as Matt Gaetz discovered the hard way. So what will Trump do?
One possibility is to keep his former personal lawyer, Acting AG Todd Blanche, on the job as long as possible. Under the Federal Vacancies Reform Act of 1998, a "temporary" appointee who is filling a vacancy can stay on the job for 210 days, as long as a permanent nomination is pending in the Senate. If John Thune refused to bring up the actual nominee for a vote, Blanche could lead the DoJ for 7 months, at the very least. There are two dangers here, though. First, some senators might not like the Senate losing one of its most important powers through inaction. Second, the 210 days would run out in the middle of November. Depending on how the election went and the mood of the Senate, this could be cutting it close. If the Democrats capture the Senate in November, it may be difficult for Trump to get anyone confirmed in 2027 or 2028.
Another possibility is to invoke a law known as Section 508 that allows a deputy AG to exercise all the powers of the AG while remaining the deputy. If Trump did that, Blanche could not put "Attorney General of the United States" on his C.V. but could prosecute Trump's enemies nevertheless. (V)