With the Bolton nomination dead in the Senate, all's quiet on the Bolton front this week in Washington. Things will stay quiet until this Congress adjourns and Bolton's recess appointment officially expires.

So what happens next? What are the legal, political, and policy considerations for each of the Administration's options? Look below the fold to find out.

Make a second recess appointment

What would happen: Bush could re-appoint Bolton at one of two times. Option 1 is to make the appointment before the 110th Congress convenes in early January. This way, Bolton never has to leave the U.N. and the Administration maintains continuity at the U.S. Mission. On the other hand, under this kind of intersession appointment, Bolton could only serve until the end of 2007. Alternately, Bush could wait until the first recess of the 110th Congress to appoint Bolton; that appointment would last until the end of 2008, but Bolton would have to leave the Mission for January and part of February.

Legal obstacles: It's widely understood that the Framers of the Constitution did not intend for successive recess appointments of this type, yet no such appointment has ever been overturned by the courts. Still, there is no record of this tactic being used for any nominee as controversial as Bolton or for as high-level a position as U.N. Ambassador. The most substantial legal obstacle to this move, though, is that Bolton would not be able to draw a government salary.

Political obstacles: After publicly pledging to work in a bipartisan manner, shoving Bolton down the Senate's throat would be a slap in the face to Democrats and some Republicans. Comity would go out the window, and the defenders of the prerogative of the Senate, led by Robert Byrd, would go nuts.

Could it happen? Outrageous and stupid as this move might be politically, the chief obstacle is apparently Bolton's financial situation. According to some sources, he is apparently unable or unwilling to work as a volunteer.

Apply the "Acting" designation

What would happen: As Bolton's recess appointment expires, Bush would appoint Bolton to a lower-level position that doesn't require Senate confirmation. He'd then leave the Ambassadorial post open and name Bolton "Acting" Ambassador so he could continue his duties.

Legal obstacles: They are substantial. As I explain here and Arnold & Porter explain in greater detail here, the Federal Vacancies Reform Act of 1998 would make Bolton's actions as "Acting" Ambassador "without force or effect."

Political obstacles: This would be seen as even more outrageously hostile to Democrats than offering Bolton a second recess appointment. In addition, for this to work, Bush would probably have to ask for the resignation of one of the Mission's number 2, 3, or 4 diplomats, all of whom have been effective.

Could it happen? If President Bush believes Democrats are won't take up time and energy with a legal challenge, he could very well go ahead with this move anyway. However, since Democrats would seriously consider a lawsuit and be outraged by the mere attempt to pull these shenanigans, it should be considered possible, but not necessarily probable.

Nominate a new Ambassador

What would happen: After Bolton's appointment unceremoniously runs out, Bush would designate a new nominee; the odds-on favorites are Paula Dobrianksy, Nick Burns, and Zalmay Khalilzad.

Legal obstacles: None. This is how the system is supposed to work.

Political obstacles: There would certainly be an uproar from the far-right if the President doesn't use all legal and extralegal means to keep Bolton at the post. Bush may be pushing hard for confirmation now so he can say to his base that he tried his best and needs to move on. All that being said, Republican and Democratic Senators alike will be very excited to vote on a new, more qualified nominee.

Could it happen: Since Bolton is a conservative rock star, Rumsfeld's departure makes it much harder for Bush to drop Bolton and still keep his base happy. Plus, Bolton is the only person who has both the knowledge and commitment to discredit the U.N., and one of the only people who will readily and unreservedly disrupt Rice's sensitive diplomatic negotiations that Dick Cheney sees as a threat. At this point, though, there simply aren't any good options to keep Bolton at the U.N.