person is nominated to an office

As discussed, once the initial period of 210 or 300 days has ended, the President can extend the time for acting service by nominating someone to the vacant U.S. Attorney position. At the same time, 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. หนังใหม่2025