Whether or not President Donald Trump nominates him to lead the Justice Department permanently, acting Attorney General Todd Blanche could remain in his job for a while.
A potential loophole in federal law could let Blanche continue running the DOJ for months or even longer without Senate confirmation, highlighting Trump’s preference for flexibility in staffing key positions.
Under the Federal Vacancies Reform Act, acting officials are typically limited to 210 days in their roles, which would put Blanche’s deadline in late October.
However, legal experts are divided over whether another statute, the Attorney General Succession Act, could let him stay on indefinitely if the position remains vacant.
That ambiguity could give Trump significant leeway, especially as Blanche appears to be gaining favor inside the administration.
A senior White House official stated that Blanche is “racking up wins,” citing high-profile moves such as the DOJ’s indictment of the Southern Poverty Law Center on fraud charges.
Blanche, a former personal attorney for Trump, has quickly aligned the department with the president’s law-and-order priorities.
Supporters say his aggressive approach is a necessary correction after years of what conservatives have called the “weaponization of federal law enforcement against political opponents.”
A DOJ spokesperson said Blanche is committed to “upholding the rule of law” and advancing Trump’s agenda while ensuring equal application of the law.
Critics, however, have raised concerns about the pace and direction of his actions.
Blanche has authorized investigations into several high-profile figures tied to past probes of Trump, including former CIA Director John Brennan and others linked to the president’s claims about the Russia hoax.
Blanche has also faced scrutiny over his handling of sensitive matters such as the Jeffrey Epstein files, which remain under investigation by Congress and the Justice Department’s inspector general.
Despite that, Trump has publicly praised Blanche’s performance, even describing him as “unleashed” in executing the administration’s priorities.
Blanche, for his part, has said he would accept a permanent nomination if offered, but also expressed a willingness to continue serving in any capacity.
The situation underscores a broader trend in Trump’s leadership style.
During his first term, the president frequently relied on acting officials, at one point filling a quarter of his Cabinet with temporary appointees.
“I like acting,” Trump once said. “It gives me more flexibility.”
For now, Blanche’s future remains uncertain. But with legal gray areas and political realities working in his favor, he could remain at the helm of the DOJ well into a pivotal election season whether the Senate signs off or not.
