Trump loyalist could stay in power without Congress thanks to sneaky 'loophole'

Todd Blanche, a staunch loyalist to President Donald Trump, could remain in his spot at the head of the Department of Justice without being appointed by Congress, according to Politico, thanks to one sneaky "loophole."

Previously serving as Trump's personal lawyer prior to his White House return, Todd Blanche currently serves as the acting Attorney General following the ouster of Pam Bondi earlier in April. Numerous names have been floated as a full-time replacement for Bondi in the near future, but the president has yet to make any official announcements.

As Politico reported on Monday, Blanche might remain in his role for some time, despite not being confirmed by Congress, thanks to a "potential loophole in the federal law that governs temporary appointments" that would allow him to remain an acting Attorney General. Trump has already used this method to temporarily circumvent Congress for numerous federal prosecutor positions.

"There is a dispute among experts about the legality of the move, and it’s unclear whether Trump will take this route or formally nominate Blanche — or anyone else — to the top job," Politico explained.

The specific law Politico cited, the Federal Vacancies Reform Act, allows presidents to keep an acting attorney general in place for up to 210 days, or about 7 months. Using all of that allotted time could backfire, however, as it would run out just five days before the midterm elections, which Democrats are expected to win handily. Any attempt to appoint a new official under a Democratic Senate, an outcome looking increasingly likely, could become a protracted nightmare for Trump.

"Trump could extend Blanche’s temporary tenure past the 210-day limit if he nominates someone — including Blanche himself — to the job permanently. But Blanche could face a challenging confirmation process, especially after the midterms," Politico explained. "Blanche, Trump’s former personal lawyer, has come under scrutiny over his loyalty to the president and controversial handling of the release of the Epstein files. If his — or any other — nomination fails, he could simply continue to occupy the acting attorney general post while a second nomination is pending."

Anonymous White House officials indicated to Politico that the attorney general role is currently "Blanche's to lose" as he racks up several accomplishments designed to appeal to Trump's good graces.

“He’s doing everything that he’s supposed to do, racking up wins,” the source said. "As long as he keeps moving forward in the right direction and racking up wins, everything will take care of itself."