What Is Federal Vacancies Reform Act? Trump Allies Eye Tool for Gaetz Pick
Some of President-elect Donald Trump 's allies are eyeing a tool they hope could help him push through Matt Gaetz 's nomination for attorney general—but the law likely wouldn't apply to the former congressman's Cabinet appointment, according to experts who spoke with Newsweek.
Trump last week nominated Gaetz, a staunch conservative and loyalist, to lead the Department of Justice (DOJ), quickly sparking backlash from critics who argue he is not qualified for the position. It is unclear whether there are enough votes for him to be confirmed in the U.S. Senate , but several Republicans have raised doubts on his nomination.
Supporters of Trump have been looking for ways for the president-elect to push through nominees like Gaetz, who may struggle to garner enough Senate support. They have floated whether Trump could use recess appointments for his Cabinet picks. In this scenario, Congress would adjourn for recess, allowing him to skip the Senate confirmation process to appoint his Cabinet nominees.
Some have also questioned whether Trump could use the Federal Vacancies Reform Act on these nominations. Claims that this law could be used on Gaetz's appointment spread across social media Monday morning and were pushed by several conservative X profiles with large followings. Trump has not said he plans to use the FVRA on his appointments.
But Trump would not be allowed to use the law in Gaetz's appointment anyway, former federal prosecutor Barbara McQuade told Newsweek.
"Trump could not use the FVRA now to appoint Gaetz AG. The FVRA limits appointees to first assistants, people already serving as presidential appointees, and senior career employees who have already served the past 365 days. Gaetz falls into none of those categories," she said.
It could come into play if Trump were to appoint Gaetz using recess appointments, she said.
"In that case, Trump could appoint Gaetz without Senate confirmation. His term would be limited to the duration of the two-year congressional session, but Trump could then leverage the FVRA to reappoint Gaetz for another 210 days," she said.
Former federal prosecutor Neama Rahmani told Newsweek that Trump could appoint an acting attorney general for a period of up to 300 days only if they were the "first assistant" or another senior member in the agency.
"Because Gaetz is not a Department of Justice employee, nor holding another Senate confirmed position, he is not eligible to serve as Acting Attorney General under the Federal Vacancies Reform Act," he said.
