28 U.S.C. § 546 : US Code - Section 546: Vacancies
Search 28 U.S.C. § 546 : US Code - Section 546: Vacancies
(a) Except as provided in subsection (b), the Attorney General
may appoint a United States attorney for the district in which the
office of United States attorney is vacant.
(b) The Attorney General shall not appoint as United States
attorney a person to whose appointment by the President to that
office the Senate refused to give advice and consent.
(c) A person appointed as United States attorney under this
section may serve until the earlier of -
(1) the qualification of a United States attorney for such
district appointed by the President under section 541 of this
(2) the expiration of 120 days after appointment by the
Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the
district court for such district may appoint a United States
attorney to serve until the vacancy is filled. The order of
appointment by the court shall be filed with the clerk of the
United states attorneys