28 U.S.C. § 546 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 546. Vacancies
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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.
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.
A person appointed as United States attorney under this section may serve until the earlier of--
the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or
the expiration of 120 days after appointment by the Attorney General under this section.
If an appointment expires under subsection (c)(2) of this section, 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 court.
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