Sunday is day 81 of Todd Blanche's tenure as acting attorney general. [1] The Federal Vacancies Reform Act allows him to serve in the role for 210 days from the date of vacancy — into Q3 — without a Senate-confirmed nominee on file. [2] No such nominee has been transmitted.
Blanche told CBS he is "open" to the permanent job; CNN called the period an audition. [1] Both framings concede the same operational fact: the country has had no Senate-confirmed attorney general since Pam Bondi's firing in February, and the administration is not in a hurry to install one.
The Vacancies Reform Act move is now in scholarly view. North Carolina's Thom Tillis has said any nominee who excused January 6 would be "dead on arrival" at his Judiciary Committee desk — and Tillis is the deciding vote. [1] The math gives the White House a choice: spend a confirmation fight, or run the department on the acting clock and an alternative reading of the Attorney General Succession Act, which some scholars argue exempts the deputy from the 210-day cap. [2]
The cases Blanche supervises are not minor. The Comey vindictive-prosecution motion is before a federal judge; Cole Allen's preliminary hearing on the alleged White House Correspondents' Dinner attempt sits May 11; Sinaloa-cartel indictments are running into Mexican refusal to extradite. Each is the kind of case for which a Senate-confirmed signature is the institutional default. The institutional default is not the posture in place. The 210-day clock continues to run, and the paper's frame — the Vacancies Reform Act as an alternative to confirmation, not a bridge to one — is the question Q3 will answer.
-- SAMUEL CRANE, Washington