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In reply to the discussion: Obama Won’t Make Recess Appointments Today [View all]onenote
(42,700 posts)As I said, there are only two instances in history in which recess appointments were made during a "recess" that lasted three days or less. One was Truman, which was a three day recess. The other was T.Roosevelt, who made recess appointment during the mostly existential break that occurs when Congress ends one session and simultaneously commences a new one. During President Clinton's first term, the Justice Department took the position that the recess appointment power may be exercised during breaks in excess of three days. The shortest recess during which Bush made recess appointments was 10 days, a period that no one could question. An appointment claimed to have been made during the moment between the gaveling closed of the first session of the 112th Congress and the commencement of the second session a second or two later would face questions about its legitimacy not faced by any other recess appointment in over 100 years.