Recess Appointment.
Maybe that’s what he has in mind. Someone else suggested Ted Olson. That doesn’t solve the precedent problem though, and that one is also serious.
A recess appointment with a big prime time speech as to why it was necessary....”I will not let this fine man’s character be smeared by baseless attacks of a personal nature, nor will I endanger our country by leaving this important position vacant, as would those who seek their own power above the good of the nation.”