A Recess Appointment To Replace Sessions?
D. S. Mitchell
Recess appointments let a president install an appointee to a position that normally requires Senate approval thru the confirmation process. Recess appointees avoid the questions and scrutiny of the Senate and the media. When appointed during a Senate recess that appointee’s term can run thru the end of the next session of the Senate. Which means anyone appointed during this August recess could conceivably serve through 2019.
Democratic senators intend to continue procedural moves to prevent the Senate from formally adjourning for recess in August, in order to prevent DJT from making any recess appointments, most particularly to the position of Attorney General.
Republicans control the Senate and the only way they could formally adjourn, which would set up a period when recess appointments are allowed–is to pass an adjournment resolution. Democrats have vowed to filibuster such an effort, wanting to block any effort by President Trump to make any recess appointments. Democrats plan to force the Senate to hold pro forma sessions–pro forma is a means that keeps the Senate officially in session, in effect never recessing, calling itself to order every three days.
The pro forma maneuver started by Harry Reid (D. NV) during the George W. Bush administration and was continued under the Obama administration. President Obama attempted to challenge the maneuver by making a number of recess appointments despite the Senate being in pro forma session every three days. The tactic to by pass the Senate confirmation by recess appointment under Obama was cut down by the Supreme Court which stated in their opinion that, “the Senate is not technically in recess unless it was away for 10 days or more.
I’ve been hearing a lot of fear in people’s discussions that Trump might make numerous recess appointments, basically making appointments when the Senate’s back was turned. Hopefully this effort will be stopped solidly by the Democratic opposition.
Calamity Politics will be watching the antics of Trump and the Republican Senate an will continue to report.
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