Recess Appointments: Can Trump Bypass Senate to Appoint Gaetz, Other Aides?

Nick Xenakis and Gabe Neville’s commentary was included in an Al Jazeera article discussing the potential of president-elect Donald Trump employing recess appointments to circumvent the Senate’s role in confirming presidential nominees.

Gabe explained that the U.S. Constitution historically allowed the president to appoint someone without confirmation when lawmakers were gone and a vacancy occurred, though only through the end of the next session of Congress. “In the modern era, when Congress is in session most of the time, there have been some changes in how the process works and is used,” said Gabe. He adds,  “A member from Maryland or Virginia who lives close by would come in and call the House and Senate into session and then immediately adjourn for the day. But technically they’re in session that day.” But in theory, members of Congress could also decide to go on recess precisely in order to allow the president to make recess appointments. Gabe told Al Jazeera that there is an opportunity now, with Republicans in control of Congress and Trump in the White House, for GOP lawmakers to do that. “And we haven’t really seen that before,” he said.

Nick believed that Trump may also be invoking the power as “leverage”. “Like, ‘Hey Senate, don’t make me use this power I have. Hurry up and confirm my nominees,” he said. “[Opposition] parties often will be very slow to confirm nominees because they don’t support the president’s agenda,” Nick said, adding that such situations played out during Trump’s first term as well as President Joe Biden’s administration. “So this may just be used as a way to push back on that,” he said.