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Jimmy Williams
President-elect Donald Trump has stirred a political storm by pressing the incoming Senate leadership to permit recess appointments, allowing him to skip the typical confirmation process for key administration roles. Trump’s request has generated mixed reactions within the GOP, especially as his recent Cabinet choices — including former Rep. Matt Gaetz as attorney general, ex-Rep. Tulsi Gabbard for national intelligence, and Fox News host Pete Hegseth as defense secretary — have raised eyebrows even among party loyalists.
“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,” Trump posted on Sunday. The president-elect cited an expected delay for confirmation votes, which he said could take “two years, or more,” adding, “We need positions filled IMMEDIATELY!”
Trump’s call comes as Republicans are set to hold a 53-47 Senate majority, theoretically enough to confirm nominees without needing recess appointments. However, with some of his selections seen as particularly controversial, the strategy would sidestep a potentially lengthy confirmation process.
Recess Appointments Explained
Under Article II of the U.S. Constitution, presidents may make recess appointments, filling vacancies without Senate confirmation if the Senate is in recess for at least 10 days. This approach allows the appointee to serve until the end of the following Congress — in Trump’s case, potentially until the close of 2026.
Recess appointments have been frequently used by past presidents. Bill Clinton made 139 such appointments, George W. Bush made 171, and Barack Obama made 32. However, a 2014 Supreme Court ruling undercut the practice by determining that the Senate must formally adjourn for a period exceeding 10 days for recess appointments to be constitutional. The ruling also blocked presidents from using recess appointments if the Senate holds “pro forma” sessions — short sessions with no official business to prevent a recess.
Sen. John Thune, elected as the next Senate Majority Leader on Wednesday, stated he would like to see Trump’s nominees confirmed through the regular process but did not entirely rule out the possibility of recess appointments, signaling some openness to Trump’s demands.
“Aggressive Agenda” with Controversial Picks
Thune’s hesitancy to shut down the idea outright is indicative of Trump’s influence on the party, even as some Republicans are raising concerns. Sen. John Cornyn (R-Texas) remarked, “Obviously, I don’t think we should be circumventing the Senate’s responsibilities,” while adding that it was “premature to be talking about recess appointments right now.”
If Thune and House Republicans agree to a recess, it would mean suspending the Senate for over 10 days without holding pro forma sessions, potentially allowing Trump to make recess appointments. However, Republicans might face strong opposition from Democrats, who could attempt procedural blocks to prevent a recess.
Could Trump Adjourn Congress?
Trump could technically force Congress into recess through a rare constitutional provision. Article II, Section 3 allows the president to adjourn Congress if the House and Senate disagree on recess timing. Trump considered this option in 2020 but ultimately deferred after Senate opposition. Now, with a GOP-led House, Trump could seek a joint resolution to adjourn both chambers. If the Senate rejects the resolution, the constitutional mechanism could be activated.
Nominees Under Scrutiny
Trump’s proposed appointments, including Gaetz, Gabbard, and Hegseth, have amplified the controversy surrounding the recess appointment request. Gaetz resigned from Congress this week as he faced a House ethics probe, just as the panel was reportedly prepared to release damaging findings on alleged misconduct. Gabbard has been criticized for her perceived ties to Russian narratives and lack of experience in the intelligence sector. Hegseth, who has advocated for “purging woke officials” and suggested that women should not serve in combat, could encounter significant opposition during confirmation.
Some Republicans have expressed concerns. “He’s got his work cut out for him,” said Sen. Joni Ernst (R-Iowa), while Sen. Kevin Cramer (R-N.D.) suggested that Gaetz would “have a really steep hill to climb to get lots of votes.” Constitutional law expert Stephen Vladeck weighed in, tweeting, “Here’s Trump urging the Senate to go into recess so that he can bypass it altogether … to install folks who couldn’t even get through that Senate. It’s going to be a long four years.”
With a Senate majority, Trump’s push for recess appointments could accelerate his administration’s agenda. But it also highlights growing tensions between his loyalist-driven Cabinet and the traditional oversight role the Senate is poised to protect.
