Bush cannot make recess appoint of a new AG (thanks to DUer onenote for the info):

[blondeatlast]

16. federal vacancies reform act
there is a specific federal statute that governs the appointment of temporary (i.e. acting) replacements for presidential appointees. After Sept 17, when gonzo is gone, that statute will govern the process for filling the AG slot until such time as the senate confirms a replacement or a recess appointment is made (which could occur if chimpy's nominee gets hung up and Congress goes out of session). My bet is that chimpy will name someone who Congress already has confirmed to another position -- Cherthoff or the Solicitor General or one of the assistant AGs that required confirmation, or a repub Senator (maybe one who was planning on retiring?).

From this thread:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=1671165#1671577

[endarkenment]

1. "or a recess appointment is made "

Did you read what you posted?

The only thing preventing a recess appointment is a deal supposedly made with Reid that they would not do this.

[onenote]

4. what is preventing a recess appt is the fact that gonzo is still in office

and will be in office throughout the remainder of the current recess. No vacancy, no recess appointment. Once his resignation becomes effective Sept 17, it appears that an acting AG (Clement) will take over per the terms of the Vacancies Reform Act. THat doesn't mean that there couldn't be a recess appointment down the line; for example, if chimpy nominates Cherthoff and the nomination gets hung up, there is nothing that would prevent chimpy from making a recess appointment after Congress adjourns in November or December (the deal Reid cut, as I understand it, only covered the August recess). It really doesn't matter whether or not the naming of an acting AG fills the "vacancy" in the office -- if the president wants to make a recess appointment, he would simply ask the acting AG to resign and then make the recess appointment.

[global1]

2. If I Understand This The Right Way - Gonzo Isn't Actually Out Of His Post Until.....

after Congress comes back from their recess. So there is no post that is empty now - Gonzo is still in it. I'm thinking the only way that *Co can pull off a recess appointment is if the post is vacated during the recess.

[bain_sidhe]

3. He doesn't need to

All he has to do is appoint an "interm" Acting AG of his choice, and then just not submit any nominees for a permanent appointmnet.

"Temporary" has no time limit.

[onenote]

5. actually, I believe that there is a time limit

210 days, although there are various circumstances under which it can be extended.