Will Upton, Political Editor of The National Pulse, explained how President-elect Donald J. Trump might appoint contentious Cabinet nominees such as Matt Gaetz to his Cabinet for “almost two years” before full Senate confirmation—or rejection. Speaking to Dinesh D’Souza, Upton explained that the America First leader would “have to resort to recess appointments” to manage this feat.
“There’s a constitutional provision that allows the President to temporarily appoint somebody to a Cabinet position,” Upton said, explaining that the Senate must be recessed for a minimum of ten days for this to occur. “That person serves until the start of the next Congress, which roughly rolls out to about a calendar year.”
At least in theory, this can be extended under the Federal Vacancies Reform Act (FVRA) for a further 210 calendar days, with the recess appointee becoming an ‘Acting’ office holder.
Senate Majority Leader-elect John Thune has indicated such a workaround could be scuttled by Republican-in-name-only (RINO) senators refusing to approve a recess. Still, Upton notes there is a mechanism for the President to adjourn Congress forcibly—provided the House of Representatives and Senate are in dispute.
WATCH:
Our political editor @wupton explains recess appointments, the Federal Vacancies Reform Act, and how precedent could lead to Trump getting ALL the cabinet picks he wants in place – all in under 3 minutes!@DineshDSouza pic.twitter.com/hQufZKjMWe
— The National Pulse (@TheNatPulse) November 18, 2024