President Trump can select any current confirmed DOJ appointee official as interim Attorney General. Rosenstein does not automatically become interim Attorney General should Sessions leave for DHS. Trump could just as easily select Rachel Brand, DOJ #3 interim Attorney General if he choses.
There is talk that if Trump were to move Sessions over to DHS then he could bring Scott Pruitt, his EPA administrator (Cabinet Level Appointee) over from EPA to DOJ to be the new full time Attorney General. Pruitt, like Sessions can move to another Secretary level Cabinet position WITHOUT having to go thru the Confirmation process again since they've already been vetted and confirmed.
Before Trump tapped Pruitt as EPA Administrator, Pruitt was Oklahoma State Attorney General. Good thing for Trump is that Pruitt will not have to recuse himself and can take the reins of Mueller's special counsel investigation away from NeverTrumper Rosenstein. Pruitt on his own authority could fire Mueller and blow up his investigation or at worst neuter and restrict the investigation to the point where Mueller may just quit.
This scenario could go a long ways towards putting an end to this nightmare Mueller probe!!
This is about the presidential appointment power assuming Senate confirmation. I’m not sure it doesn’t say that it is job by job. I would say it isn’t clear. Is there an historic example of a confirmee switching jobs without confirmation to that job?
I think you’ve offered a viable solution if it works that way. Are there enought Trump supporters in house & senate to prevent an impeachment process & conviction?
***other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.***
Repeating -——— Scott Pruitt is ideal for AG because after a few years he returns home to Oklahoma which is conservative and level headed. So he thwarts the Deep State Russia conspiracy by brooming out Robert “The Fix Is In” Mueller....Then a few years later Pruitt retires to the peace and quiet of Oklahoma a few thousand miles from THE SWAMP.
Rudy Gulianai lives too close to THE SWAMP so will suffer too much from firing Mueller. So he will hem and haw and hesitate..... Gulianai can be gotten to and compromised. Scott Pruitt cannot.
Great analysis. I concur. This would be an end around Mueller.
When Leon Panetta went from CIA dorector to Sec Def he had to be confirmed again.
Your assumption about no confirmatoon is not correct. Every appointee to the cabinet must have a confirmation hearing. The process can be quick because the vetting is done. But I am pretty sure they have to go through the motions.