I suppose if Kamala were to take the office of POTUS right now she could appoint BO (or anybody) as VP and then let Congress and the courts fight it out. While they're doing that she could appoint anyone at all as acting VP.

edit: I did some research and it looks like there can be no such thing as an "acting VP".

I suppose if Kamala were to take the office of POTUS right now she could appoint BO (or anybody) as VP and then let Congress and the courts fight it out. While they're doing that she could appoint anyone at all as acting VP.