Excuse my ignorance of the details of the confirmation process. Does this mean that President Trump could slide Francisco into any position requiring Senate confirmation? Could he replace Sessions without a vote?
In terms of a replacement for Sessions, I would advise the President to ask any candidate the following question”: what actions will you take during your first 30 days as Attorney General?”
He needs someone who will answer: “I will immediately terminate the Special Counsel, Assistant AG Rosenstein, and FBI Director Wray, and seek replacements who have a mandate to enforce the rule of law. I will appoint a new Special Counsel to investigate the political bias within the DOJ and FBI, including the appointment of Mueller and his selection of his team, as well as the constant leaks emanating from the DOJ, FBI and Mueller. A second Special Counsel will be appointed to investigate the apparent collusion between the FBI, DOJ, CIA, Clinton Campaign, Democratic Party, Steele, Fusion GPS, and agents of the British, Australian and Russian governments.”
The Federal Vacancies Reform Act of 1998 (Vacancies Act) generally provides the exclusive means by which a government employee may temporarily perform the nondelegable functions and duties of a vacant advice and consent position in an executive agency.
Under the Vacancies Act, POTUS can assign anyone who has been confirmed by the Senate to any Executive branch position to a vacant position on a temporary basis, not to exceed 210 days.