Washington – Newly elected President Donald Trump Selection of former Representative Matt Gaetz as Attorney General This is his most controversial Cabinet choice to date, and the Florida Republican is likely to face hurdles in the confirmation process.
But Trump is seeking a significant change to the Senate confirmation process that would allow him to install certain officials and bypass lengthy hearings and a floor vote, in which nominees require a majority vote for confirmation.
First senate republican chose them leaders For the upcoming 119th Congress, Trump demanded that candidates agree to vacant appointments, giving him the option to bypass the Senate's role of approving or rejecting presidential nominations. Trump argued that without the ability to appoint temporary nominees he would not be able to fill positions in a timely manner.
The legal basis for recess appointments arises from a constitutional clause that gives the President the power to “fill all vacancies occurring during the recess of the Senate.” After a Supreme Court decision in 2014 concluded that recess appointments could only be made when the Senate was not in session for 10 or more days, President Barack Obama made controversial appointments when senators were on recess.
Senators often leave Washington for long periods of time, but they have used pro forma sessions to prevent presidents from appointing nominees without their consent.
Josh Chaffetz, a professor of law and politics at Georgetown University, said, “In recent years, the Senate – regardless of the party that controls it – has used pro forma sessions to ensure that it never meets for more than three days. Don't be in for more.”
For Trump to place appointments on recess, the Senate would have to agree, through a simple majority, to go on recess for at least 10 days. The House must also agree to allow the Senate to adjourn, but Chavetz says that if the House does not agree, or if he disagrees with the Senate on the length of adjournment, the President has a deadline to adjourn both houses. Has constitutional power to adjourn. His selection.
“That second route has never been used before in American history, so no one is sure how it will work,” Chaffetz said.
A holiday appointmentHowever, he or she does not receive the same benefits as a Senate-confirmed nominee. Without the approval of the Senate, the appointee will not be paid. The person appointed may serve in the position for two years, depending on when the appointment was made. After that, the person can be reinstated through leave appointment or regular confirmation process.
Some senators, including Republicans, who will be in the majority in January, showed little appetite for giving up their constitutional power, especially after Trump announced he intended to nominate Gaetz to lead the Justice Department.
“I was shocked,” Senator Susan Collins, Republican of Maine, said Wednesday. “If the President moves forward with that nominee, I think it reflects the importance of the Senate's advice and consent process.”
Gaetz resigned from Congress on Wednesday after Trump announced his selection. The timing came just days before a House panel Was scheduled to vote on issuing a report On whether Gaetz engaged in sexual misconduct. Gaetz was also the subject of a previous Justice Department investigation, which sought to determine whether he violated sex trafficking and obstruction of justice laws. no charges filedAnd Gaetz has denied any wrongdoing.
Asked by reporters about Gaetz, Republican Senator John Cornyn of Texas said Thursday, “We have a process for considering presidential nominees.” “This is a constitutional responsibility of the Senate, and I intend to play my role as a member of the Judiciary Committee in that investigation and advice and consent.”
Cornyn said, “I don't think we should shirk Senate responsibilities, but I think it's too early to talk about recess appointments.”
The Senate Judiciary Committee is responsible for holding confirmation hearings for Attorney General nominees. Several other Judiciary Committee members also took part in the deliberations on Thursday.
“Our responsibility in the Senate is to advise and consent,” said Democratic Sen. Dick Durbin of Illinois, chairman of the committee.
Republican Sen. Thom Tillis of North Carolina said recess appointments should be used “judiciously,” 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 against Gaetz” and are insisting there will be a vote.
Republican Senator Josh Hawley of Missouri indicated he would not have a problem if Trump made recess appointments, saying the president “has every right to make recess appointments.”
Democratic Senator Chris Coons of Delaware urged his Republican colleagues to protect their role in confirmation and encourage Trump to choose confirmable candidates.
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Contributed to this report.