In yet another power grab to get his way, Trump Threatens to Adjourn Congress Over Nominees
President Trump threatened to adjourn both chambers of Congress so he can appoint his nominees for key positions without confirmation by the Senate.
The Senate, which confirms a president’s nominees, has been conducting what are called pro forma sessions while lawmakers are back in their states.
No legislative business is conducted during these brief meetings, which sometimes last only a few minutes, but they technically prevent the president from making recess appointments.
If lawmakers don’t agree to adjourn and end the pro forma sessions, “I will exercise my constitutional authority to adjourn both chambers of Congress,” Mr. Trump said. “The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis. It’s a scam, what they do.”
The president acknowledged that the effort would likely result in a legal challenge. “We’ll see who wins,” he said.
Appointments in Question
- Voice of America, conservative filmmaker Michael Pack, who has been blocked by Democrats.
- Director of national intelligence
- Nominees for positions on the Federal Reserve’s Board of Governors, and in the Treasury Department and the Agriculture Department.
Need to Provoke a Disagreement
The Constitution gives the president the power to adjourn Congress in the rare circumstances of a disagreement between the two chambers over when to adjourn. In modern practice, however, Congress stays in session throughout most of the year and no president has ever exercised the authority to adjourn it.
For Mr. Trump’s strategy to work he would need the cooperation of Senate Majority Leader Mitch McConnell (R., Ky.), who would have to force a disagreement with the House over when to adjourn. Messrs. Trump and McConnell discussed the idea in a phone call earlier Wednesday.
Obama Tried This
Please note that Obama tried this end-run maneuver.
Flashback June 26, 2014: Supreme Court Narrows President’s Recess-Appointment Powers
Settling a constitutional showdown over presidential power, the Supreme Court unanimously ruled Thursday that President Barack Obama exceeded his authority in making temporary appointments to the National Labor Relations Board during a brief Senate break in 2012.
And what did Republicans have to say about the battle then?
Republicans have accused Mr. Obama of overreaching in his use of executive powers to carry out his agenda despite opposition in Congress. Senate Minority Leader Mitch McConnell (R., Ky.) called the ruling “a clear rebuke of the administration’s behavior.”
The Senate’s official historian, Donald Ritchie, said the ruling settles a question that has long been in dispute between the executive and legislative branches. “The Supreme Court for the first time has really defined what the recess is,” he said.
“It’s not going to be easy for the president to make recess appointments if the Senate doesn’t want him to,” Mr. Ritchie said.
But in this case the Republicans have a Senate Majority.
Thus the need to provoke a disagreement with the House after which the battle will head to the Supreme Court
Then “We’ll see who wins.”
Lovely.
Mike “Mish” Shedlock
I believe that Moscow’s Bitch: Mitch said: uh, no.
Interesting, last I saw the GOP had a 53/47 advantage in the Senate, and the Senate approves appointment, and Mitch does what Trump wants. If i see the procedures correctly the Democrats can “delay an nomination” by nearly 2 hours…
What is going on? Could it be that Trump’s nominees are so “unacceptable” that even the GOP has a hard time giving them a pass, moreover, I was not aware that “so many appointees were being held back”
My guess is that “Red State” is right — the deep state is hard a work (except not the way they think). The issue is “King Trump”
A shoddy, cut-rate authoritarian…
The Committee to Reopen, announce names of members on Tuesday, “meet” on Wednesday, and announce “findings” on Thursday….
…“Some business leaders had no idea they were included until they heard that their names had been read in the Rose Garden on Tuesday night by President Trump. Some of those who had agreed to help said they received little information on what, exactly, they were signing up for. And others who were willing to connect with the White House could not participate in hastily organized conference calls on Wednesday because of scheduling conflicts and technical difficulties….
I guess it still all comes down to Javanka.
….There was a small problem with the Wall Street call [from Trump]. Actually several problems.
Many of the bankers said they knew nothing about the call until late Tuesday night. Several had quarterly earnings calls this morning that directly conflicted with the timing of the White House summons.
Goldman Sachs CEO David Solomon couldn’t be on the call because of earnings. Neither could JPMorgan CEO Jamie Dimon, though not because of earnings. Bank of America CEO Brian Moynihan was able to dial in right after his earnings call ended. Another senior executive from JPMorgan attempted to get on the call in Dimon’s place, two people briefed on the call told POLITICO, but couldn’t get through for 20 minutes and finally gave up.
One top executive described the call as a “shit show” that produced little of substance. Trump asked several questions, including to Moynihan about how the small business loan program was going. That program is now slated to run out of money soon.
Trump on the call praised the bravery of Morgan Stanley CEO James Gorman, who got Covid-19 but recovered. Gorman said his case was relatively mild and tried to deflect the praise.
Several executives called for more Covid-19 testing, something Trump has been hearing for six weeks from anxious governors, health care leaders and lawmakers. And that was pretty much it for the Wall Street conversation, according to people briefed on the call. “It was really nothing,” one person briefed on the call said….
There is an actual power, but it is not applicable. And if he tries it, there will be real sessions, and he will discover that he is making no more appointments that need Senate approval.
You don’t need Congress. You don’t need the Senate.
In America, you just need the members of the Committee to Reopen America. You know who they are.
Also don’t forget Netanyahu and Prince MBS from Saudi Arabia. With those clowns, Trump has everyone he needs.
Article 2 Section 3:
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment,
he may adjourn them to such time as he shall think proper;
he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
Now as to the actual unconstitutional things like the bueraucracies of the EPA, OSHA, EEOC, Depts of Edu and Energy…, BLM, USFS.
The national parks (forests, monuments, grasslands, etc.) are unconstitutional.
Speaking of which, glad you were able to see Glacier NP before all the glaciers melted away by this year.
They won’t melt. Mish doesn’t believe in climate change.
This is one of the many reasons why more and more people dislike politicians and are disillusioned with the political process.
2014 Democrats: “this is justified!” Republicans: “this is the act of a tyrant!”
Same issue…6 years later…Democrats: “this is the act of a tyrant!” Republicans: “this is justifiable.”
By now even the slowest among us should realize that the red/blue game accomplishes nothing, by design. Once we managed to turn divisiveness into a consumer product it was obvious our society was on thin ice.
Still, a lot of people go along with it. I figure half of them do it out of inertia and/or are too dumb to realize they’re being manipulated, while the other half simply enjoy the never-ending conflict.
I am trying to get an opinion from a person I believe to be a constitutional expert.
Off topic. An independent analysis of Spain’s numbers going on here:
I certainly would get rid of most of these positions.
Voice of America?
Hell, get rid of the whole thing, not just one position.
I would end the Fed too, but there has to be a plan for it. Last thing I want is for Trump or Congress to be in total charge of monetary supply.
The only upside to things being as bad as they can possibly be, is that even without a plan, nothing can possibly get worse.
Just end the darned Fed altogether, be done with it and let the chips fall where they may. While a well executed, fairly well conceived plan for ending Antebellum slavery may have been ideal, even just blowing Massa’s plantation to smithereens, even with inhabitants inside, is still a major improvement.
“…nothing can possibly get worse.”
Never ever say that out loud, LOL
I worked for them long enough to know that when it comes to government, things can always get worse.
What would be the definition of, “rare circumstances of a disagreement between the two chambers”? They disagree with each other for the cameras, and the they pass spending bills (pissing money away for lobbyist’s benefits).
You are delusional get help
Positions not even critical enough that there is near unanimity they need to be filled pronto, aren’t critical enough to have any business existing in the first place. Give the clowns a week, then just eliminate the position altogether.
The fed appointment is needed they are trying to hold up the whole US economy with a toothpick… they need as many people to hold it up before the whole thing collapses…buy your water storage, dehydrated food because mad max is coming if this goes on much longer than May 1