the person who is nominated might

the person who is nominated might not be able to serve as Acting U.S. Attorney. Specifically, the Vacancies Act, 5 U.S.C. § 3345(b), provides that if a person is nominated to an office, that person “may not serve as an acting officer” for that office. There are certain exceptions to this rule. As relevant here, first assistants to U.S. Attorneys could continue to serve as Acting U.S. Attorneys after being nominated if they served as first assistants for at least 90 days during the year preceding the vacancy. According to some reporting, 5 U.S.C. § 3345(b) is why the President withdrew Alina Habba’s nomination to serve as U.S. Attorney for the District of New Jersey in July 2025. The Attorney General appointed Habba ดูหนัง2025