Senator McConnell admits that President Obama can make recess appointments during holiday break!

[Better Believe It]

McConnell Admits President Could Pull Off Recess Appointments
By: David Dayen
December 17, 2011

As is typical at the end of the year, Harry Reid attempted to clear out a backlog of uncontroversial Presidential appointments before the holiday break. But Mitch McConnell would not allow it. He wanted assurances, instead, that the President would not seek out any recess appointments during the break, and he objected to moving the outstanding nominees until that time.

This may come as a surprise, since throughout this year Republicans have been able to use pro forma sessions to never take Congress into recess, thereby blocking recess appointments. Indeed, that was the plan for this holiday break as well.

But the implications of what McConnell is saying here are that the pro forma sessions cannot hold back recess appointments through the entire holiday break. He knows that the change in calendar year means that one session of Congress must “end” with the other beginning in January. And even if that takes one second, it’s a recess, and in that gap the President can make recess appointments. So McConnell is clearly resigned to this, and he’s trying to use some leverage – in the form of 50 nominees, physical hostages in this case – to ensure that the recess appointments don’t come.

So the only question left is whether the President will use the power that the Senate Minority Leader clearly realizes the President holds. We may not actually know this for a while; the Senate isn’t due back until January 23, and inter-session recess appointments would have to coincide with that return. But the President could also forcibly adjourn Congress, a Constitutional right of the President (albeit one that’s never been used before). Or, he could simply recess-appoint in the three days between pro forma sessions, as the three-day rule blocking recess appointments is only advisory and not statutory.

Read the full article at:

http://news.firedoglake.com/2011/12/17/mcconnell-admits-president-could-pull-off-recess-appointments/

Sure. But making recess appointments would require playing hardball with Republicans and such appointments would make them angry. So that shouldn't be done. BBI

[jaysunb]

1. Obama should appoint every stalled nominee

that sits waiting.
It was cause a huge uproar and certainly shine the light on Republican obstructionism.

[Stuart G]

2. Agreed...K and R.

[Better Believe It]

3. I totally agree. And if that isn't done I don't want to hear whining about Repub obstructionism

regarding Presidential appointments.

Of course they'll obstruct, if you let them.

[teddy51]

4. The big question is will Obama do it though? Stay tuned for what many of us would love to see! n/t

[Better Believe It]

5. Appoint all of them. Every single fricken one of them!

[pinto]

6. Re: Pro forma sessions. Repubs schedule 10 through Jan. 20, covering the entire recess.

pro forma session - A brief meeting (sometimes only several seconds) of the Senate in which no business is conducted. It is held usually to satisfy the constitutional obligation that neither chamber can adjourn for more than three days without the consent of the other.

http://www.senate.gov/reference/glossary_term/pro_forma_session.htm

Senate schedules pro-forma sessions to block Obama's recess appointments

The Senate adjourned for the year shortly after 3:30 p.m. Saturday, but GOP leaders insisted on holding ten cursory pro-forma sessions over the next month to stop President Obama from making recess appointments.

http://thehill.com/homenews/senate/200121-senate-schedules-pro-forma-sessions-to-block-obamas-recess-appointments

Senate Floor Schedule for Pro Formas and Monday, January 23, 2012

The Senate will convene for pro forma sessions only, with no business conducted on the following dates and times:

Tuesday, December 20, 2011 at 11:00am

Friday, December 23, 2011 at 9:30am

Tuesday, December 27, 2011 at 12:00pm

Friday, December 30, 2011 at 11:00am

Tuesday, January 3, 2012 at 12:00pm, during which the 2nd Session of the 112th Congress will convene

Friday, January 6, 2012 at 11:00am

Tuesday, January 10, 2012 at 11:00am

Friday, January 13, 2012 at 12:00pm

Tuesday, January 17, 2012 at 10:15am

Friday, January 20, 2012 at 2:00pm

http://democrats.senate.gov/2011/12/17/senate-floor-schedule-for-pro-formas-and-monday-january-23-2012/

[SidDithers]

7. So, no recess means no recess appointments, right?...

And the lamentations of the OP that Obama must appoint every single outstanding position is just wishful thnking?

Sid

[pinto]

9. As far as the recess appointments go, yeah. A pro forma session every 3 days is a block.

And all it takes is a local (R) senator to cab down to the capitol, drive in from Maryland or Virginia. Senate is in order. And go home.

(ed to add Wikipedia entry, fwiw)

United States

In the United States federal government, either house of the United States Congress (the United States House of Representatives or the United States Senate) can hold a pro forma session at which no formal business is expected to be conducted.[4] This is usually to fulfill the obligation under the Constitution "that neither chamber can adjourn for more than three days without the consent of the other."[5]

Pro forma sessions can also be used to prevent the President from making recess appointments, pocket-vetoing bills, or calling the Congress into special session.[6] Similar practices exist in the state legislatures, and for similar reasons; for example, in Minnesota, legislative bodies have the same every-three-days meeting requirement that Congress has. Pro forma sessions are held to meet this requirement.[7]

[SidDithers]

11. Thanks for that. Facts are good...nt

Sid

[Better Believe It]

13. Fact check: So you think Senator McConnell is wrong when he says Obama can make recess appointments?

Well, I suppose you or others could try to correct Senator McConnell and find a way for Republicans to somehow block recess appointments.

But, why in the world would you want to give the Republicans such ammunition?

[pinto]

14. You're missing it. McConnell made his statement on Saturday, before ajournment. He was playing

the process so as not to go home with the well deserved obstructionist tag on his leadership in the Senate. i.e. I'll let all the others through on consent, while in session, if you (Dem's) don't plan recess appointments. It was a bluff and done for show.

Pro forma sessions are good fodder in this political climate for Dem's to continue to make their case about Republican obstructionism.

I'd wager he knew it would be ignored and the Repubs would go on with their pro forma schedule. But he could come away with a talking point - we offered to consent to all the other appointments...

(ed for syntax)

(ed for spell)

[Better Believe It]

15. So Senator McConnell totally changed his position today, on Sunday! That's remarkable. Links?

[pinto]

16. I don't think he's made any statement after the one cited. Others may have more recent input.

It's my opinion, his "position" was and is a ploy. No more nor less. He's adept at that.

Another stab at a short term assessment - the Repubs will follow through with pro forma sessions, now that the Senate has adjourned, and block recess appointments.

[Better Believe It]

10. Obama can make the appointments during the Senate recess at the beginning of the New Year.

It seems you somehow missed all of the non pro-forma dates when the Senate will not be in session.

Read the article.

Once again:

"But the President could also forcibly adjourn Congress, a Constitutional right of the President (albeit one that’s never been used before). Or, he could simply recess-appoint in the three days between pro forma sessions, as the three-day rule blocking recess appointments is only advisory and not statutory."

And McConnell admitted that Obama has the power to make those recess appointments:

Senate Republican Leader Mitch McConnell (R-Ky.) on Saturday afternoon blocked more than 50 judicial and executive branch nominees, demanding assurances that President Obama not make recess appointments during Christmas break [...]

“We are ready and willing to move forward, by consent, with a package of nominations to positions in both the executive and judicial branches,” McConnell said. “Just as soon as I receive confirmation from the administration that it will respect practice and precedent on recess appointments, we can get these people confirmed.”

McConnell has agreed to allow some military appointments and Michael McFaul, the ambassador to Russia, through the Senate but he will not agree to the full slate Democrats have requested unless he is assured there will be no recess appointments.

So McConnell is mistaken?

[pinto]

12. As far as pro forma standards go, I think the author has it wrong. Pro forma is good for three days,

hence the need to repeat every 3 days. They don't have to do it daily to keep the Senate technically in order.

(ed to add the schedule over the New Year)

Friday, December 30, 2011 at 11:00am

Tuesday, January 3, 2012 at 12:00pm, during which the 2nd Session of the 112th Congress will convene

Friday, January 6, 2012 at 11:00am

Tuesday, January 10, 2012 at 11:00am

Friday, January 13, 2012 at 12:00pm

Tuesday, January 17, 2012 at 10:15am

Friday, January 20, 2012 at 2:00pm

[Lil Missy]

8. I think Obama could recess appoint all 50 of them and it wouldn't hurt him politically.

The rabid right will piss and moan and stop and scream no matter what Obama does.

I also have a sense that the Senate Republicans knew the bill they passed would raise hackles in the House, but wanted Senate Republicans to look like the adults and the obstructionism blamed on House members. (which is in reality close to the truth) It's election season, and McConnell knows exactly what he's doing.