President-elect Donald Trump’s controversial selection of former Rep. Matt Gaetz as attorney general has raised concerns among senators from both parties. Trump is seeking to change the Senate confirmation process to allow him to sidestep lengthy hearings and floor votes, potentially by making recess appointments that do not require Senate approval. Recess appointments are based on a constitutional clause that allows the president to fill vacancies that occur when the Senate is in recess for at least 10 days. Senators have historically used pro forma sessions to prevent such appointments, but Trump is pushing for changes to this practice.
For Trump to make recess appointments, the Senate would need to agree, through a simple majority vote, to go on recess for at least 10 days. The House also plays a role in this process, and if both chambers do not agree on the length of recess, the president could potentially adjourn them for a period of his choosing. However, this method has never been used in U.S. history. While recess appointments allow individuals to serve for up to two years, they do not provide the same benefits as nominees confirmed by the Senate, such as receiving a salary. Some senators, including Republicans, are reluctant to relinquish their constitutional power and have expressed concerns about the potential use of recess appointments, especially in the case of Gaetz’s nomination.
Gaetz’s nomination has sparked backlash from senators on both sides of the aisle, with some expressing doubts about his ability to secure enough votes for confirmation. Gaetz resigned from Congress after being nominated by Trump, and his past is under scrutiny, including allegations of sexual misconduct and the subject of a Justice Department investigation into sex trafficking and obstruction of justice. Despite these allegations, Gaetz has denied any wrongdoing. The Senate Judiciary Committee is responsible for conducting confirmation hearings for the attorney general nominee, and members are divided on the issue of recess appointments.
Some senators emphasize the importance of the Senate’s role in confirming presidential nominees through the advice and consent process, while others believe that recess appointments should be used judiciously. Democratic senators, in particular, are urging their Republican colleagues to uphold their duties in the confirmation process and to encourage Trump to select candidates who are confirmable. The debate over the use of recess appointments and the confirmation of controversial nominees like Gaetz highlights the tensions within the Senate and raises questions about the future of the nomination process under the incoming Trump administration.
