Comments by "gary K" (@garyK.45ACP) on "Donald Trump picks Matt Gaetz, Steven Cheung to join his transition team" video.
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@SarahH9000 The constitution allows a President to appoint officers of the government (cabinet, etc.) without Senate approval whenever the CONGRESS (House AND Senate) are in "recess" (not in session in Washington for 10 days or more) and those officers can then serve until that congressional session ends. A congressional session is TWO years.
HOWEVER...it takes a majority vote of BOTH chambers to declare a recess. No one person can do so.
Originally it had to do with the fact that Congress was not in session year 'round as it seems to be now, and travel times in horse and buggy days were long.
In modern times, it is to prevent the Senate from BLOCKING a President's cabinet picks just by being in recess.
It has been used many times. In recent years, Clinton had 132 recess appointments, George W. Bush had 171 and Obama had 32.
So...Trump could appoint anyone to his cabinet and they could serve until the next Congress ends on January 31, 2026.
After that, they would be required to have a confirmation OR Trump could appoint someone else. A nominee COULD have a confirmation hearing at any time during the next 2 years, if Trump intended for them to continue in that position past the next congress (for 4 years)
Most likely, Trump would appoint someone else at some point in the next two years OR submit them for confirmation.
The Democrats could DELAY Trump's cabinet picks for months and months and months otherwise.
Trump has only 4 years. And he must act like he has only 2 years, because we do not know what will happen in the mid-term elections in 2026.
He doesn't have time to waste, and Democrats would LOVE to waste time. Their only choice is to 'run out the clock' as much as possible.
As to a timeline: Congress begins their new session January 3, 2025. Trump gets sworn in on January 20, 2025. Congress could declare a 10-14 day recess, beginning January 20, 2025, and Trump could appoint ALL his cabinet members and other officers (Department heads, US attorneys, etc.) and be done with everything and ready to start his new administration without delay.
It takes a majority vote of BOTH chambers, but Republicans have a majority of BOTH chambers beginning January 3rd.
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