Trump could put allies in key government posts without Senate approval:

Washington — As President-elect Donald Trump gears up for his second term, he’s set to leverage the power of recess appointments to swiftly install his key allies in crucial federal positions, bypassing the often slow Senate confirmation process. This bold strategy underscores Trump’s commitment to efficiency and ensuring that his administration can hit the ground running with personnel who align with his vision for America.

Critics from within his own party have raised concerns, but Trump has another ace up his sleeve: the Federal Vacancies Reform Act of 1998. This law allows the President to appoint “acting” officials to fill positions that traditionally require Senate confirmation, providing a temporary yet effective workaround for placing loyalists in pivotal roles across government agencies like Defense, Interior, and the EPA.

During his first term, Trump masterfully utilized this act to maintain control and direction over federal agencies, illustrating his adeptness at navigating the bureaucratic landscape to ensure his policy goals are met with competent, like-minded leadership. Now, with the GOP holding the Senate, while some of his nominees like Pete Hegseth for Defense and Tulsi Gabbard for National Intelligence might face resistance, the Vacancies Act ensures Trump can keep his administration’s momentum with those committed to his agenda.

Thomas Berry from the Cato Institute notes, “Congress has made the policy choice to have about 1,300 positions still require Senate consent, but the Vacancies Act allows for acting officials to perform just as effectively, sometimes indefinitely.” This reflects a smart use of existing legal frameworks to bypass unnecessary delays.

Here’s how the Vacancies Act operates:

• First Assistants or deputies can step in.
• Current Senate-confirmed officials can transition to new roles.
• High-ranking civil servants with adequate service time can also take acting positions.

The law provides a 300-day window for acting officials at the beginning of a term, and 210 days otherwise, extendable with a pending nomination. This flexibility is key for Trump, allowing him to start strong from day one, with the potential to extend these appointments if necessary.

Trump’s strategic use of the Act in his first term, with over 30 acting secretaries, was not just about filling positions but about ensuring his administration could enact his policies without the usual legislative tug-of-war. As we move forward, with legislative priorities like extending tax reforms and securing borders, Trump’s approach will likely continue to be pragmatic, focusing on results over process.

Anne Joseph O’Connell from Stanford University, who has studied the Vacancies Act, points out, “With a Republican-controlled Congress, the Senate leadership should work closely with Trump to confirm key positions swiftly. However, the Act remains a vital tool for filling other crucial but lower-level agency roles.”

Since his re-election, Trump has been proactive in announcing his team, from Cabinet members to White House staff who don’t need Senate approval. Even after setbacks like the withdrawal of Matt Gaetz from Attorney General consideration, Trump’s use of the Vacancies Act will ensure his administration remains on course, with dedicated individuals at the helm of subagencies, keeping his agenda moving forward without delay. This strategy isn’t just about filling positions; it’s about ensuring America’s government operates with the efficiency and direction Trump envisions.