Recess Appointment? Maybe. . .But See How Crippling That Would Be


There is talk of a recess appointment for John Bolton bubbling everywhere which is the first serious admission by the main stream media that efforts to oppose Bolton have the edge.
The media for more than two months has constantly parroted the line that Bolton was still likely to be confirmed. That mantra has disappeared from coverage.
Here is a piece I wrote on what happens if Bolton does receive a recess appointment.
And this excerpt from a Congressional Research Service document is worth reading again:

How Long Must the Senate Be in Recess Before a President May Make a Recess Appointment?
The Constitution does not specify the length of time that the Senate must be in recess before the President may make a recess appointment. Over the last century, as shorter recesses have become more commonplace, Attorneys General and Offices of Legal Counsel have offered differing views on this issue. Most recently, in 1993, a Department of Justice brief implied that the President may make a recess appointment during a recess of more than three days.
Appointments made during short recesses (less than 30 days), however, have sometimes aroused controversy, and they may involve a political cost for the President. Controversy has been particularly acute in instances where Senators perceive that the President is using the recess appointment process to circumvent the confirmation process for a nominee who is opposed in the Senate. Although President Theodore Roosevelt once made recess appointments during an intersession recess of less than one day, the shortest length of a recess during which appointments have been made during the past 20 years was 10 days.

More shortly on the talking points those opposing Bolton and cloture on his nomination are distributing. . .
— Steve Clemons