Washington – President-elect Donald Trump former Rep. Matt Gaetz’s pick for attorney general it is the most controversial Cabinet pick yet, and the Florida Republican is likely to face obstacles in the confirmation process.
But Trump is seeking important changes to the Senate’s confirmation process that would allow him to install some officials and bypass lengthy hearings and floor votes, where nominees need a majority vote to be confirmed.
previous Republican Senate elected the same boss for the 119th Congress, Trump demanded that the candidate agree to the appointment recess, which will give the option to bypass the role of the Senate which approves or rejects the presidential nomination. Trump asserted that without the ability to temporarily install a nominee, he would not be able to fill the position in a timely manner.
The legal basis for recess appointments emanates from the constitutional clause that gives the president “the power to fill all vacancies that may occur during the recess of the Senate.” A Supreme Court ruling in 2014 concluded that recess appointments can only be made when the Senate is out of session for 10 or more days, after President Barack Obama made controversial appointments while senators were on recess.
Senators often leave Washington for long periods of time, but have used pro forma sessions to prevent the president from installing nominees without his consent.
“In recent years, the Senate — regardless of the party in control — has used pro forma sessions to ensure that it never recesses for more than three days,” said Josh Chafetz, a professor of law and politics at Georgetown University.
For Trump to make a recess appointment, the Senate must agree, through a simple majority vote, to a recess of at least 10 days. The House must also agree to allow the Senate to suspend, but Chavetz said that if the House does not agree, or if it does not agree with the Senate on the length of the suspension, then the president has the constitutional power to suspend both chambers for a period of time. his choice.
“The second route has never been used in US history, so no one is sure how it will work,” Chafetz said.
A rest appointmentHowever, it does not have the same benefits as a nominee confirmed by the Senate. Without Senate approval, appointees will not be paid. Appointees can serve in the role for up to two years, depending on when the appointment is made. After that, the individual can be reinstated through a regular appointment or confirmation process.
Some senators, including Republicans who will enter the majority in January, have shown little appetite for giving up their constitutional powers, especially after Trump announced that he plans to nominate Gaetz to lead the Justice Department.
“I’m shocked,” Republican Sen. Susan Collins of Maine said Wednesday. “If the president moves forward with the nomination, I think it’s important to have the Senate’s advice and approval process.”
Gaetz resigned from Congress on Wednesday after Trump announced his pick. The time came the day before the House panel set to choose to release the report about whether Gaetz engaged in sexual activity. Gaetz was also the subject of a previous Justice Department investigation that sought to determine whether Gaetz violated sex trafficking and obstruction of justice laws. No charges were filedand Gaetz has denied wrongdoing.
“We have a process here to consider presidential candidates,” Republican Sen. John Cornyn of Texas said when asked by reporters about Gaetz. “This is the constitutional responsibility of the Senate, and I intend to be a member of the Judiciary Committee to do vetting and advice and consent.”
“I don’t think we should be circumventing the responsibility of the Senate, but I think it’s not time to talk about recess appointments,” Cornyn added.
The Senate Judiciary Committee is responsible for conducting confirmation hearings for attorney general candidates. Several other members of the Judiciary Committee also weighed in on Thursday.
“The bottom line is our responsibility in the Senate is advice and consent,” said Democratic Senator Dick Durbin of Illinois, the committee’s chairman.
Republican Sen. Thom Tillis of North Carolina said recess appointments should be used “fairly,” adding that he has concerns about “blanket recess appointments.”
Democratic Senator Richard Blumenthal of Connecticut said he could name between “five to 10 Republicans who are seriously considering voting for” Gaetz “and insist there will be a vote.”
Republican Sen. Josh Hawley of Missouri indicated he would have no problem with Trump making recess appointments, saying the president “has total authority to make recess appointments.”
Democratic Senator Chris Coons of Delaware called on his fellow Republicans to protect their role in confirmation and encourage Trump to choose a candidate who can be confirmed.
and
contributed to this report.
