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President-elect Trump takes the stage at an election night watch party at the Palm Beach Convention Center on Nov. 6, 2024, in West Palm Beach, Fla.
President-elect Trump may need to depend on interim secretaries to complete his Cabinet as several key nominations face significant scrutiny from prominent GOP senators.
When Senate confirmations are stalled, particularly amid opposition from lawmakers, presidents can appoint interim leaders for at least 210 days. Trump utilized this strategy for over 20 Cabinet-level positions during his first term.
Nominees like Pete Hegseth for Defense Secretary, Tulsi Gabbard for Director of National Intelligence, and Robert F. Kennedy Jr. for Health and Human Services Secretary are expected to encounter resistance from Senate Republicans.
Hegseth, Kennedy, and Linda McMahon, Trump’s nominee for Education Secretary, are anticipated to face questions regarding allegations of misconduct or enabling inappropriate behavior. Trump’s initial pick for Attorney General, Rep. Matt Gaetz (R-Fla.), withdrew from the process shortly after his nomination due to accusations of misconduct, which he denies.
Other nominees, such as Gabbard, are likely to be questioned about their qualifications or potential conflicts of interest.
By February 2020, Trump’s reliance on interim secretaries during his first administration accounted for a total of 2,736 combined days across 22 Cabinet-level positions, according to a Washington Post analysis.
During Trump’s initial four years in office, interim officials served over three times the duration seen during President Obama’s two terms, during which interim officials accounted for 2,202 combined days.
“I can absolutely see him doing this again, given his record,” said a former Trump administration official. “Chad Wolf’s long stint as acting secretary at DHS is a clear example.”
Wolf’s 14-month tenure as acting Homeland Security Secretary highlighted concerns over the limitations of interim leaders. For instance, a federal judge invalidated Wolf’s decision to restrict DACA work permits, citing his lack of Senate confirmation as a barrier to making such decisions.
“This is always a concern,” one Senate Republican said. “Acting officials simply don’t have the authority to make certain critical decisions.”
Other examples include acting Office of Management and Budget Director Russell Vought, who served in an interim capacity for 18 months before Senate confirmation, and Patrick Shanahan, the longest-serving interim Pentagon chief, who held the role for six months.
Despite challenges in 2017, sources suggest the Trump transition team is better prepared this time. Sen. Markwayne Mullin (R-Okla.), a Trump ally, indicated that departments and agencies will be staffed strategically to ensure operations run smoothly even under interim leadership.
Interim secretaries fall under the Federal Vacancies Reform Act, which restricts their tenure to 210 days, extendable depending on the Senate confirmation process. For instance, if a nominee is rejected, the interim official can serve an additional 210 days.
However, some experts predict Trump might not rely heavily on interim appointments this time, given the GOP’s three-vote majority in the Senate.
“Presidents generally resort to interim leaders or recess appointments when their party loses control of the Senate,” said Bruce Mehlman, a GOP lobbyist and former Bush administration official. “With a GOP Senate, Trump likely intends to get his picks confirmed.”
Yet, the strategy of nominating contentious figures could distract from the administration’s broader goals.
A former Trump administration official warned, “Expending political capital on divisive nominees could detract from the president-elect’s core agenda. In governance, as in combat, resource conservation is key.”
