"May be I am misunderstanding the Clinton game. The difference here may be that Clinton appointed him as acting after being assured of losing Senate confirmation, and also through the end of his term."
A related question would be does the acting position has less power? Otherwise what's to keep the president from bypassing Senate approval indefinitely.
But I have to say in this case I think the President did the right thing- it's not McNulty that was withdrawn from the permanent position consideration but Flanigan.
Part of the attack on Flanigan was political but he also didn't have a prosecutorial background. The President responded with an interim appointment with impeccable credentials. If the dems go after McNulty they political nature of the attacks will be clear.