Despite enjoying a 53-47 majority in the next Senate, Donald Trump called for any Republican senator seeking the position of majority leader to agree to make recess appointments during his administration, bypassing the traditional confirmation process. He also told his party to block any lame-duck judicial appointments the Biden administration tries to push through.
“Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner… We need positions filled IMMEDIATELY!” Trump posted on X, signaling his intent to once again govern via social media. “Additionally, no Judges should be approved during this period of time because the Democrats are looking to ram through their Judges as the Republicans fight over Leadership. THIS IS NOT ACCEPTABLE. THANK YOU!”
“Republicans are going to have a 53-47 majority in the Senate, and yet here’s Trump urging the Senate to go into recess so that he can bypass it altogether,” Georgetown University Law Professor Steve Vladeck posted on X, reacting to Trump’s declaration. “In other words, he wants to install folks who couldn’t even get through that Senate.”
Elon Musk, the billionaire who turned X into a bastion for misinformation and who was a key figure in Trump’s campaign, also showed support of this move. “This is essential,” he wrote. “There is no other way.” Trump has said Musk will serve in a new administration role: “Secretary of Cost-Cutting.”
A president can push through temporary appointments while the Senate is in recess, and any appointments made during that time would be considered “acting” members of the cabinet. Many presidents have appointed acting cabinet members early in their administrations as a placeholder until a formal nomination process can take place. Trump has not yet demonstrated any intent to go through the formal process. During his first term, he had more acting secretaries in his cabinet than any other president, and even late in his administration, he left many political appointments vacant even though Republicans controlled the Senate.
Sen. Rick Scott, who is vying for the majority leader position, quickly shared Trump’s post and added, “100% agree. I will do whatever it takes to get your nominations through as quickly as possible.” Fellow Floridian, Sen. Marco Rubio, has already endorsed Scott for the role. Trump has not yet endorsed his choice.
One kink in Trump’s plan is that the Senate historically has engaged in pro forma sessions during recess periods to prevent recess nominations, as Punchbowl News’ Andrew Desiderio noted.
Trump also encouraged his party to oppose any judicial nominees the Democrats might try to appoint during the lame-duck session before he enters office. Senate Majority Leader Chuck Schumer in October vowed to “use the lame duck to confirm judges and… get as many judges done as possible.”
As is common with Trump, the hypocrisy is laughable. Following his 2020 election loss, Trump made several lame duck judicial appointments, including appointing Judge Aileen Cannon, who was confirmed during Trump’s lame duck session and who presided over and ultimately dismissed his classified documents case.
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