Unless I’m missing something, I wish Whitaker would get the nomination.
An Acting officer, under the law used to appoint Whittaker, is not eligible for a permanent appointment while serving.
He would have to resign, and be appointed after his resignation took effect.
This is why Montana and WV were so damn important - and don't forget, we still have to win Mississippi.
If Trump thinks he can use the letter of the law (resign, then appoint) to defy the spirit of the law (no Acting officials converted to permanent) - I think a 53-47 or 52-48 Senate is going to have a problem with that.