X22 has provided excellent reporting for something over a decade!
Trump nominated Blanche, his time would have been up in Oct, now he can either stay on indefinitely or if they reject him the count start over and he gets another 210 days. [DS] is trapped.
President Trump Say He Will Officially Announce Acting AG Todd Blanche Nomination as U.S. Attorney General Tomorrow
During a White House dinner this evening, President Trump told the audience he was going to officially nominate Todd Blanche to fill the open position as U.S. Attorney General tomorrow. [Video from Dan Scavino]
President Trump suggested he planned to nominate Blanche in an interview with the New York Post’s Miranda Devine on Tuesday, saying “I think he will” be the permanent attorney general. The president added that he didn’t have any other candidates in mind for the role. “We put him as acting, and he’s done a very good job,” Mr. Trump said.
Source: theconservativetreehouse.com
Todd Blanche can continue serving as Acting Attorney General (with no interruption) after Trump nominates him, because he qualifies for the FVRA exception as the Senate-confirmed first assistant.Here’s exactly what happens next, based on the Federal Vacancies Reform Act (FVRA) (5 U.S.C. §§ 3345–3346), which governs this situation:
Trump formally submits the nomination to the Senate (expected imminently — Trump announced on June 3–4, 2026 that he would instruct the process to begin, with paperwork likely going over in the coming days).
Blanche stays as Acting AG the entire time the nomination is pending.
Normally, nominating someone who is already acting would force them to step down immediately (5 U.S.C. § 3345(b)(1)).
Exception: That prohibition does not apply here. Blanche has been the Deputy Attorney General (the statutory “first assistant” to the AG under 28 U.S.C. § 508) since March 2025 — well over 90 days in the 365-day period before the vacancy arose on April 2, 2026. He is also Senate-confirmed in that role.
Therefore, he is allowed to keep serving as Acting AG while his nomination is before the Senate. No one else has to step in.
Senate confirmation process begins.
The Senate Judiciary Committee will hold hearings, etc.
If confirmed → Blanche is sworn in as the permanent Attorney General.
If rejected or returned → Blanche can continue as Acting AG for up to 210 more days after that rejection/return (and Trump could then submit a new nomination and restart the clock).
If the Senate simply doesn’t take up the nomination (i.e., never holds a vote, never confirms, never rejects/returns it):
Blanche can stay as Acting Attorney General indefinitely (no fixed day limit).
Under 5 U.S.C. § 3346(a)(2), once a nomination is submitted, the eligible acting officer (Blanche) may serve until the Senate confirms the nomination or the nomination is withdrawn/returned by the Senate.
X22 has provided excellent reporting for something over a decade!
Trump nominated Blanche, his time would have been up in Oct, now he can either stay on indefinitely or if they reject him the count start over and he gets another 210 days. [DS] is trapped.
President Trump Say He Will Officially Announce Acting AG Todd Blanche Nomination as U.S. Attorney General Tomorrow
During a White House dinner this evening, President Trump told the audience he was going to officially nominate Todd Blanche to fill the open position as U.S. Attorney General tomorrow. [Video from Dan Scavino] President Trump suggested he planned to nominate Blanche in an interview with the New York Post’s Miranda Devine on Tuesday, saying “I think he will” be the permanent attorney general. The president added that he didn’t have any other candidates in mind for the role. “We put him as acting, and he’s done a very good job,” Mr. Trump said.
Source: theconservativetreehouse.com
Todd Blanche can continue serving as Acting Attorney General (with no interruption) after Trump nominates him, because he qualifies for the FVRA exception as the Senate-confirmed first assistant.Here’s exactly what happens next, based on the Federal Vacancies Reform Act (FVRA) (5 U.S.C. §§ 3345–3346), which governs this situation: Trump formally submits the nomination to the Senate (expected imminently — Trump announced on June 3–4, 2026 that he would instruct the process to begin, with paperwork likely going over in the coming days). Blanche stays as Acting AG the entire time the nomination is pending. Normally, nominating someone who is already acting would force them to step down immediately (5 U.S.C. § 3345(b)(1)). Exception: That prohibition does not apply here. Blanche has been the Deputy Attorney General (the statutory “first assistant” to the AG under 28 U.S.C. § 508) since March 2025 — well over 90 days in the 365-day period before the vacancy arose on April 2, 2026. He is also Senate-confirmed in that role. Therefore, he is allowed to keep serving as Acting AG while his nomination is before the Senate. No one else has to step in. Senate confirmation process begins. The Senate Judiciary Committee will hold hearings, etc. If confirmed → Blanche is sworn in as the permanent Attorney General. If rejected or returned → Blanche can continue as Acting AG for up to 210 more days after that rejection/return (and Trump could then submit a new nomination and restart the clock). If the Senate simply doesn’t take up the nomination (i.e., never holds a vote, never confirms, never rejects/returns it): Blanche can stay as Acting Attorney General indefinitely (no fixed day limit). Under 5 U.S.C. § 3346(a)(2), once a nomination is submitted, the eligible acting officer (Blanche) may serve until the Senate confirms the nomination or the nomination is withdrawn/returned by the Senate.