As President-elect Donald Trump prepares for his second term, several of his Cabinet picks are expected to face intense scrutiny and opposition from Senate Republicans, raising the prospect that Trump may once again rely heavily on acting secretaries to fill key roles in his administration.
Trump’s nominees, including Pete Hegseth for Defense Secretary, Tulsi Gabbard for Director of National Intelligence, and Robert F. Kennedy Jr. for Health and Human Services Secretary, are poised to draw significant resistance. Concerns range from allegations of misconduct to questions about qualifications and potential conflicts of interest.
Acting Secretaries: A Familiar Strategy
If Senate confirmations stall, Trump could invoke the Federal Vacancies Reform Act, allowing acting officials to temporarily lead departments for up to 210 days. This approach was a hallmark of his first term, with more than 20 Cabinet-level positions held by acting leaders for extended periods. By February 2020, acting officials under Trump had collectively served 2,736 days, far exceeding the 2,202 days logged during Barack Obama’s eight years in office.
One of the longest-serving acting officials under Trump, Chad Wolf, led the Department of Homeland Security for 14 months. However, his lack of Senate confirmation led to legal challenges, including a federal court’s decision to invalidate his restrictions on the Deferred Action for Childhood Arrivals (DACA) program, highlighting the limitations of acting officials’ authority.
High-Stakes Nominations
Hegseth, Kennedy, and Linda McMahon, Trump’s pick for Education Secretary, are expected to face rigorous questioning about allegations of sexual misconduct or their roles in enabling abuse. Meanwhile, Tulsi Gabbard’s qualifications and potential conflicts of interest are likely to be scrutinized. Trump’s initial choice for Attorney General, Rep. Matt Gaetz (R-Fla.), withdrew his nomination following allegations of sexual misconduct, which he denies.
Some Senate Republicans have expressed reservations about relying on acting officials, citing legal and administrative challenges. “Acting officials can’t always make critical decisions,” one GOP senator noted, referencing past complications under both Trump and Biden administrations.
A New Approach for 2025?
Trump’s transition team appears more prepared this time, aiming to avoid the haphazard approach of 2017. Allies like Sen. Markwayne Mullin (R-Okla.) suggest a strategy of “stacking” agencies with experienced deputy secretaries to ensure operational continuity even if acting leaders are in place.
However, Trump’s reliance on acting officials might be less pronounced given the narrow GOP majority in the Senate, which could facilitate confirmations for some nominees. “Presidents typically resort to acting leaders when their party lacks Senate control,” said Bruce Mehlman, a GOP strategist. “With a Republican-led Senate, Trump may prioritize securing confirmations.”
Challenges Ahead
The reliance on acting officials comes with risks, potentially diverting attention and political capital from the administration’s broader agenda. A former Trump administration official cautioned that tough confirmation battles could distract from other priorities, especially as Congress grapples with 2025 appropriations.
Critics argue that contentious nominations might strain relationships with Senate Republicans, jeopardizing Trump’s ability to advance key policies. Nevertheless, Trump allies remain optimistic about navigating the process, emphasizing a more strategic approach to managing vacancies and ensuring departmental stability.
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