11-14-24 Interview - Katelynn Richardson - Matt Gaetz as AG
By The Mandy Connell Podcast
November 14, 2024
THIS IS NOT WHAT RECESS APPOINTMENTS ARE FOR When I heard yesterday that Trump wanted the Senate to come to order and then recess so he could make recess appointments for his Cabinet, especially with Matt Gaetz, I got mad. This is NOT what recess appointment power is supposed to be used for. Obama got his hand slapped by the Supreme Court when he appointed a bunch of people to the National Labor Relations Board in this fashion and the more conservative justices all joined an opinion by the late great Antonin Scalia in which he said: As Scalia explained in a lengthy statement from the bench that followed Breyer’s summary of the Court’s decision, he and his three colleagues would have held that the president’s recess appointments power is substantially more limited than the Court ruled today. For example, they would have ruled that the president can only make recess appointments during inter-session recesses, and only then to fill vacancies that are created during that recess. And the majority did not escape Scalia’s trademark incisive remarks, as he criticized it for relying on an “adverse-possession theory of executive authority: “Presidents have long claimed the powers in question, and the Senate has not disputed those claims with sufficient vigor, so the Court should not ‘upset the compromises and working arrangements that the elected branches of Government themselves have reached.’”Three of the justices who joined this opinion are still on the bench and have been joined by even more conservative justices so I would expect Trump to have his nominations invalidated too. By the way, Gaetz already resigned from Congress. None of the other appointees have. You know why he resigned? Because the House Ethics investigation was due to release their findings,which now won't happen because he isn't a member of Congress. How convenient. I've got Daily Caller News Foundation reporter Katelynn Richardson on at 2:30 to discuss.
This story originally appeared in The Mandy Connell Podcast