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At today’s COVID-19 Daily Briefing, President Trump brought up the challenge he’s facing with getting his various nominees confirmed by the Senate. Democrats are gaveling in for pro forma sessions to prevent the President from making recess appointments. To counter this, the President said he’s considering forcibly adjourning both chambers so he can get his appointments made.
Trump says he may forcefully adjourn Congress. Good. If these slugs can’t work productively to benefit Americans, they can sit at home and think about what they’ve done.
— Jon Miller (@MillerStream) April 15, 2020
“As the entire U.S. government works to combat the global pandemic, it is absolutely essential that the key positions of relevant federal agencies are fully staffed,” the President said. “We’re not allowing that take place through our Congress … We have many, many positions that are unstaffed because we can’t get the approvals. The Democrats are holding this up.”
The Constitution gives the President the power to adjourn either or both chambers of Congress in Article 2, Section 3, as well as to make recess appointments in Clause 3 (emphasis added):
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
“There are currently 129 nominees stuck in the Senate because of partisan obstruction,” the President continued. “Many are nominated for vacancies that must be filled to assist with the coronavirus crisis and the resulting economic challenges.”
He read the very specific wording of his threat to Congress for emphasis. “If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both chambers of Congress. The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis.”
This isn’t just about getting people through who may have challenges. America needs the federal government fully staffed, but Democrats are obstructing the President and hurting the American people for political purposes. The President should act.
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