Berman is the Acting U.S. Attorney by dint of a *judicial* appointment.

There’s a pretty good argument that, per the plain language of 28 U.S.C. § 546(d), he gets to keep serving in that post until the *vacancy* is filled (through Senate confirmation of a permanent successor). pic.twitter.com/xeRpvMRHWN

— Steve Vladeck (@steve_vladeck) June 20, 2020