Not necessarily. Actually, if Sessions resigns, Trump doesn't need approval by the Senate to appoint someone to fill the position. Under the Vacancies Reform Act, 5 U.S.C. §§ 3345-3349d , he can appoint anyone he wants as acting Attorney General. He does not have to wait for a recess appointment and Rosenstein won't become acting Attorney General. This person will have all the powers of the Attorney General, just not the title.
I don’t see a part ‘d’ to 5 U.S.C. §§ 3345-3349.
A reading of 5 U.S.C. §§ 3345-3349 supports the interpretation I posted above. I don’t see how your view is supported.
I still see that Trump is stuck with Rosenstein if Sessions resigns unless he gets a recess appointment and McConnell is not going nuclear on administrative appointees nor allowing recess appointments.
Can’t rely on McConnell as he is a coward.
Rosenstein is one of the three to sign off on the bogus FISA warrant to spy on Trump and the Trump campaign, and to attempt a removal of the President in a soft coup.
If Nunes can get contempt on Rosenstein, then maybe Rosenstein can be forced out. But then a new person would have to fill Rosenstein’s slot for at least 90 days before Trump could appoint him as acting AG.
Trump appears to have his hands tied on this matter. Maybe Nunes can bust up the cabal logjam.
There’s also Cruz in the Senate but he’s up for reelection. Still, he might be able to turn up the heat on McConnell.
>> if Sessions resigns, Trump doesn’t need approval by the Senate to appoint someone to fill the position.<<
Which is why Sessions will not resign.