[janetjanet998]

2. Can Trump pick someone else entirely? Yes -- the President doesn't have to follow the usual course, but this is where things could get tricky. Under the Federal Vacancies Act, Trump can pick anyone who holds a Senate-confirmed position to serve as acting attorney general (subject to certain time limitations) -- but the person he selects as acting cannot then be named as the permanent successor. By its terms, the law applies whenever a Senate-confirmed officer in an executive agency dies, resigns or is "is otherwise unable to perform the functions and duties of the office." But it's an open question as to what happens if the officeholder is instead fired by the President. As a result, legal experts have questioned whether an acting attorney general would be a valid appointment if Sessions is fired. But there's always the question of who has standing to challenge such an appointment, and Rosenstein may not be inclined to take that to court.

3. What about a recess appointment? Another option is for Trump to announce a replacement for Sessions during the next Senate recess -- a so-called "recess appointment" who could then serve until the end of the next congress. Trump hasn't hinted at this possibility, but Senate Democrats would almost certainly try to block it.

[janetjanet998]

so what kind of appointment is Matthew Whitaker

[jjotto]

With Whitaker, he can be Acting AG because he’s served 90 days in an executive role.

McConnell has the Senate in pro forma sessions, not in official recess.

[dp0622]

But he wasn’t fired.

[Alberta's Child]

Something to keep in mind is that the Deputy AG position was never established by Congress in the first place. It was established through an internal DOJ order in the 1950s, and the only statutory authority Congress has is that the President may appoint a Deputy AG -- and if he does so, this position requires Senate confirmation.

Not only can President Trump change the rules of succession at his own discretion, but he can also eliminate the Deputy AG post entirely through an executive order.

[Repealthe17thAmendment]

This legal stuff gets really tricky, especially when politicians write laws to protect themselves. It looks like Trump has to appoint someone who has been confirmed by the Senate, but I don’t believe Whitaker has been confirmed. Is this correct?

[Candor7]

Whitaker already sworn in as acting AG. Rosenstein may be next to go.

[School of Rational Thought]

Whoever is permanent, we need to see the vigorous prosecution of DNC crimes.

[RetiredTexasVet]

CNN fake news gets it wrong again .... on the longest losing media streak in history.

[zzwhale]

Trump can appoint anyone he wants.
If Trump ahd fired Sessions that’s a different story.
Sessions QUIT....
Thank God....
Rosenstein will quit
Badger Ginsburg will retire...
Hahahahahaha
Blue wave.... hahahahahaha