Trump has threatened recess appointments for his cabinet picks. It might take an unprecedented move to make it happen
President-elect Donald Trump continues to push his friends and closest allies as nominees for key roles in government. It has sent shockwaves through the hall of Congress as elected officials have been stunned at some of the picks.
Trump has vowed to get them into their positions, even if it means recess appointments – and it’s been floated that he could do something that hasn’t been done in the nearly 250-year history of America to make it happen.
Senators were likely relieved that they already left Washington when President-elect Donald Trump announced he would nominate Robert F Kennedy Jr, the environmental activist-turned-vaccine-conspiracy theorist, his secretary of Health and Human Services. That move came after he had announced that he would nominate former congresswoman Tulsi Gabbard to be his Director of National Intelligence and then dropped an even bigger bomb when he said he announced his intention to nominate former congressman Matt Gaetz to serve as attorney general.
Republican Senators seemed downright uncomfortable talking about the picks. Democrats don’t seem too enthused about helping Trump if any Republicans defect.
“I’ve got a lot of questions, and that’s why we have advise and consent,” Senator Mark Warner, the top Democrat on the Intelligence Committee, told The Independent. “And the first step is to go through appropriate background checks. Then there public hearing and then I’ll reach a conclusion.”
Warner was being polite compared to Senator Elizabeth Warren of Massachusetts, who sits on the Armed Services Committee, which would be in charge of confirmation hearings for Fox News pundit Pete Hegseth, Trump’s nominee to lead the Pentagon.
“Being on Fox News is not enough to substitute for the kind of experience that years in different parts of the military and grappling with different issues in defense give to a possible nomination,” she told The Independent. It’s pretty fair to call her a “no.”
Trump will come to Washington with a sizeable Republican majority in the Senate after Republicans flipped seats in Montana, West Virginia and Ohio. Pennsylvania’s Senate race is currently in a recount, but if incumbent Democratic Senator Bob Casey loses, that will give Republicans one more vote to confirm Trump’s team in the form of Dave McCormick.
At the same time, it might not be enough. Even in an era where Republicans are far more subservient to Trump than his first go-around in office, some Republicans will not want to bend the knee and vote for unqualified nominees.
Enter recess appointments. Earlier this week, as Republicans geared up to nominate their new majority leader, Trump tweeted “Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!)”
Article II of the US Constitution says that “The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”
Essentially, Recess apppointments are when the president can appoint a nominee to a Senate-confirmed position when the Senate is out of session. Historically, Democrats and Republicans have used recess appointments for controversial nominations. Bill Clinton made 139 recess appointments, including one for James Hormel as US ambassador to Luxembourg, given that some Republicans opposed Hormel’s nomination because he was openly gay.
Recess appointments expire at the end of the Senate’s next session, according to the Congressional Research Service.
Ever since 2006, when Democrats took control of the House and Senate during George W Bush’s administration, the Senate has essentially stopped having recess appointments. Rather, it holds what are called “pro forma” sessions, wherein the House and Senate briefly conduct business as a way to prevent presidents from making recess appointments.
