[Mears]

“Now, the Dems and never Trumpers are saying that he can’t be acting AG because he was not confirmed in his current position by the Senate. “

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I think he cannot be named PERMANENT AG until confirmed by the senate.

.

[Retrofitted]

You are correct. my friend. The law is this: https://en.wikipedia.org/wiki/Federal_Vacancies_Reform_Act_of_1998