By Sunday morning, Blanche was on the television news shows declaring that “the system worked.” It was a vivid display of how deeply the former Trump lawyer has embedded himself at the center of the administration’s law enforcement apparatus, even without a Senate confirmation to the top job.
Now, a potential loophole in federal law could allow Blanche to run the Justice Department for much of the year, possibly through the midterm elections, without ever facing a formal nomination. The Federal Vacancies Reform Act gives the president 210 days to keep an acting attorney general in place, a clock that for Blanche would expire on Oct. 29. But Trump could extend that tenure indefinitely if he nominates someone, including Blanche himself, and the Senate fails to act on the nomination.
Legal experts are divided on whether such a maneuver would hold up in court, and it remains unclear whether Trump will pursue this route or formally nominate Blanche or another candidate for the permanent post. For now, the job appears to be Blanche’s to lose. “He’s doing everything that he’s supposed to do, racking up wins,” a senior White House official told POLITICO last week, speaking on condition of anonymity to discuss personnel matters.
The official pointed to Blanche’s announcement of an indictment against the Southern Poverty Law Center on fraud charges, calling it “a huge win” and “one of the most significant things that DOJ has done during this term.” The official added, “As long as he keeps moving forward in the right direction and racking up wins, everything will take care of itself.”
Loyalty and Scrutiny
Blanche, Trump’s former personal lawyer, has drawn scrutiny over his fierce loyalty to the president and his handling of the release of the Epstein files. If Trump nominates him permanently, Blanche could face a difficult confirmation process, particularly if the midterm elections shift the balance of power in the Senate. But if his nomination fails, he could simply remain in the acting role while a second nomination is pending, effectively sidestepping the confirmation process entirely.
White House spokesperson Abigail Jackson said Trump has a “great relationship” with Blanche and “is very pleased with the job he’s doing so far.” She described Blanche as “an American patriot who fearlessly” carries out the administration’s agenda. Whether that agenda will include a formal nomination remains an open question, but for now, Blanche shows no signs of stepping back from the podium.
