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.
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.
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.
The stories about this get this wrong, as usual. It cannot be simultaneously correct that McConnell is looking for assurances on recess appointments and recess appointments are impossible because of the pro forma sessions. That defies logic. McConnell knows his goose is cooked; he’s trying to bluff the media and the President.
The President hinted at a recess appointment for Richard Cordray to run the Consumer Financial Protection Bureau after cloture on his nomination was defeated last week. In addition, the National Labor Relations Board will cease to function if new nominees are not appointed after the end of the year, because there will be no quorum for the board. And while McConnell thinks he’s being shrewd by holding the noncontroversial nominees hostage, of course all of them could be recess-appointed by the stroke of a pen.
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.




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I think you’re ignoring the source of McConnell’s leverage here. While it’s true that the entire package of 50+ nominations that McConnell is holding up could be recess appointed by the stroke of a pen, they’d still only be getting recess appointments, and not full-term appointments. This is especially important for the judicial nominees, because their appointments would be for life. The President wants all 50 nominees to be able to serve their full terms, and McConnell can prevent that from happening by refusing to let the confirmations go through by UC.
Is it worth it to limit all 50 nominees to recess appointments just to get a recess-appointed CFPB chairman? I don’t know (I’d have to look closely at who the 50 nominees being held up are), but there are real trade-offs here.
So McConnell still has real leverage in this situation, and the President still has a difficult, non-obvious decision to make.
Is it worth it to limit all 50 nominees to recess appointments just to get a recess-appointed CFPB chairman?
Without question. The recess appointments will run till the end of 2013. If Obama expects to still be President at that time, he’ll need start picking battles he can win. Might as well start with this.
And there are two nominations to the Fed hanging fire.
It’s a good thing that not much is happening on the economic front.
Given the pathological Republican opposition to good, or even superb, appointments, the lack of recess appointments so far shows how messed up this Administration is.
McConnell has been around long enough to know the rules and workarounds without having to admit anything.
So Obama should just do it, and call McConnell’s bluff. It probably won’t happen that way. There will be some deals struck beforehand, posturing by both sides for show, and that will be it.
In a more perfect world Obama would have every single recess appointment lined up, ready, then press the button instantly when Congress pauses to yawn.
I actually agree that it is worth it. (I tried to get David to report on the possibility of the House requiring pro forma sessions before the midterms, because of how much power the director of the CFPB would have to help the middle class and how much we would lose if one wasn’t recess appointed then. As much as David wants the President to adjourn Congress, that isn’t going to happen.)
But I also don’t think it is “without question.” If Obama ends up losing any future lifetime appointments for judicial nominees for the term, that would tilt the judiciary a fair amount rightward for a generation. I think there are limits on how much McConnell can do before Democrats nuke the filibuster, so he will probably get some judicial nominees approved regardless, though the judiciary might still tilt more rightward than it would otherwise.
Nevertheless, giving this agency the full authority (not just to regulate non-banks, but to regulate “abusive practices” for banks and non-banks (rather than just “deceptive” practices, an authority for which they already have) is one of the most important actions Obama can take. So he should use the Roosevelt precedent and appoint Cordray (and anyone else he wants) during the inter-session recess.
Once there is a recess appointment, that recess appointment can appoint a deputy director, that would continue to have full power to run the agency once the recess appointment expired. And once the position has a director, the President can use the vacancies act to ensure that the position remains filled indefinitely.
Obama make recess appointments, and hurt the feeling of his fellow Republicans? Come on lets get real. Obama wouldn’t know how to stand up to the Republicans if his life depended on it.
It’s always fun to conjecture what Obama may or may not due, who has the upper hand, etc, etc. But the fact remains Obama ALWAYS caves in. It’s in his DNA.
Without question if Obama wants to win this election he Must appoint ELIZABETH WARREN to the CFPB chair.
He really needs to have checked the tweets – the base has left the building (and is right now out in the streets)
I think I suffer from “Cave Syndrome”. No matter what the conditions are I get a creepy creepy feeling that Omabma will cave. It’s mostly based on past experiences. I hope the Prez spouts a couple in the next few weeks.
Of course, it is worth it. Every day that hardworking, intelligent thinkers apply their energy and activity to the real and serious problems our country and the globe faces is necessary.
My carefully considered opinion on this issue is: Fuck old Turtleface, make an ashtray out of his shell.
The big Zero could but he won’t. It wouldn’t be bipartisan and he dare not offend the Republicans. After all he has an image he’s trying to convey to the “independents.”
McConnell is daring Obama to do it bc he knows Obama is a coward. This is the nadir of presidential failure. A feckless and impotent president being openly taunted by the Senate Minority leader in a Congress with approval ratings in the single digits.
Worst. President. Ever.
Fuck McConnel & the rest of the repukes. recess appoint every appointment those bastards have held up
Cordray has Warren as a mentor. He can serve diligently and well. Warren will work hard to win the senatorship and her campaign have will have served a driving force for the all progressives in every state. The composition and purpose of the Senate can change; it will change. For one, my senator Sherrod Brown needs her enlarge the chorus of progressive voices so it can be heard above the drone of know nothings.
Of course, if Elizabeth Warren feels differently-that she can be of more significance at CFPB-the president should heed her.
and select some new appointments! Get this country moving forward again.
Interesting that people have to wonder about Obama using the powers of the presidency to make these recess appointments, shading to the side that he won’t. Telling, also, that he’s prepared to sign the defense authorization with the outrageous detainment provisions. (He was prepared to veto, but for all the wrong reasons.) What will the fucktard do next?
OT: Now that they say the Iraq war is over, has anybody heard from W? Shouldn’t he be taking a victory lap? /major s
Do anyone remember how the Senate rules would be changed last January to end Filibusters and let the Senate pass something? How the President threatened a Veto over extending Bush Tax Cuts? Vetoing the Defense Authorization Act? Vetoing Payroll Tax extensions if Keystone Pipeline Attached. The President had great momentum going at this years end but has totally lost it with these worthless threats. I don’t think anyone knows what the Pres. will do and whatever he does will do nothing but frustrate the base. The Pres. is still playing to Independents and will not press Republican’s with too many Recess Appointment but look for something slightly less like maybe 2 or 3 and say he followed the good will intent of McConnell and looks forward to working with him next year.
If he’s gonna do that victory lap on his bike, I suggest we stay well away from the road.
It is assured that Obama will fumble or otherwise foul up (on purpose) any action that might be construed as a progressive, leftist or populist. (His hands will be tied.)
It is also assured that Obama will help to pass (purposefully) any measure that is right wing, Status Quo, one percenter supportive, MIC & War supportive, etc. (“For the good of the country” or because his hands will be tied.)
Educated guessing is based on the analysis of similar past experiences, using logic and reason.
Obama (and the Dees) = corrupt and complicit.
The proper response to this is:
If the Republicans in the Senate would do their job and allow the up and down vote on the nominees, we wouldn’t be facing 50 appointments in the last few days of Congress. Instead we have a backlog of X number of appointments. I have no duty or obligation to make any such assurances to Senator McConnell, in fact I have a greater duty as President to see that the vacancies that have gone too long are filled. As President I suggest that Minority Leader McConnell actually do his job and deal with the many legislative issues that have been left hanging by his party’s obstructionism, and leave being President to me.
Unfortunately, we will see New York State become the place to go for Spring Break because of its tropical weather before that happens.
For the judicial appointments, your argument makes sense, for the appointments to executive boards not so much, as the terms of executive board appointees will expire at the latest at the end of O’s second term. For the NLRB in particular, appointments by a Democratic president are essential to the cause of working men and women, because Republican presidents, even “moderate” ones such as George H.W. Bush, invariably pack the NLRB with pro-corporate, anti-labor individuals. O’s failure to make recess appointments to the NLRB, which would deprive the agency of a quorum, will indicate an anti-labor bias on his part..
I’d say you hit the nail on the head.
Absolutely. They would run until the end of his term. Next term in office, he can appoint the slate clean as his next term, should he win the election. That’s what has McConnell scared. This year is the year it doesn’t matter.
This is a good point, but I’m not certain that judicial nominees were in with the nominations in question. On executive branch nominees, they would be in place through his first term. The other thing is that Reid can just keep scheduling cloture votes on nominees, which he has done mostly to success all year. It’s not like the Senate has much else to do with its time next year.
Would Senate Republicans vote as a bloc to hold up every single nominee in the aftermath of a Cordray appointment? McConnell said the same thing after Don Berwick, but eventually time passes and nominees get through. It’s a bluff worth calling.
More sure than that lottery ticket in my wallet, is that Obama will roll over and take it up the as* for the Rethugs. He always does.
McConnell Boehner and Cantor are so brazenly uncooperative bc they know that Obama will cave. The Occupy movement is a testament to Obama’s capitulation. if nothing else the expectation of 2008 Hope & Change was that we would finally have a fighter for Progressive or even non-neocon legislation. but, horrifyingly, we got the worst of both worlds. A weakling who is to the right of Bush.
Obama seems proud to be an Eisenhower Democrat. Ergo, the Occupy Movement
Bullshit. On every level. Just more sophistry from the Obots.
Different day- same results. King Chaos won’t do anything unless he can (compromise) with the returds thereby giving him someone to blame for doing nothing. Turtleface and King Chaos have to be two of the most useless politicians in history.
They are MOCKING him. Just like they are doing with the Tar Sands Pipeline. The GOP Congress which is about as popular as hemorrhoids is taunting the president of the United States and he sits there like a helpless punching bag. Beyond pathetic.
Dear President Obama:
I am BEGGING you not to run again. You are either hopelessly incompetent or hopelessly corrupt. Or both. In any case, you are hopeless. And, after 3 years on the job, that is not going to change. Quit. Do what LBJ did. Quit. Do it for the country.
I have had discussions with them where they flat out deny that Obama is breaking his promise on medical marijuana. I know it isn’t the most important of issues, but this is a place where Obama can do what he wants without regard to Congress. Instead he threatening state employees who give licenses to dispensaries, and send the IRS after them too – something Bush never did.
I just got a call from Obama. Sorry to say this, but he told me he doesn’t give a fuck what you want.
Problem is, Obama doesn’t give a fuck what the AMERICAN PEOPLE want.
And how exactly would that benefit the country when she’s currently running for the senate after being slapped in the face by Barry once already?
Obama will NOT make the important recess appointments. He will NOT appoint Cordray or anyone to the NLRB. A number of commenters here have already outlined the defense that Obama will use in not doing this and caving to McConnell: he has no choice if he wants to make those 50 judicial appointees lifetime appointments.
Thus the NLRB and the CFPB are effectively destroyed while Obama and his bots get to paint it all as Obama defending something good.
I suspect this is what he wants. He gets to extend the Bush Tax Cuts and please his Wall Street benefactors but sell it as defending middle class tax cuts. He gets to cut spending and sell it as defending us from defaulting. He gets to unman the NLRB and CFPB, again pleasing his Wall Street benefactors, and sell it as defending liberal judges.
Forgive me, amigo, I probably should have included an “lol” or a smiley face. We are on the same page. ;-)
I got you. Thanks. No need for emoticons.