And what happens if the Senate decides to hold pro-forma sessions during a recess? If they do, then they technically aren't recessed, even if the president forces it.

The Banned said:

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We'd all be freaking out if it went the other way. I don't like sidestepping the balance of power between the branches of government

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Quote:

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Seems to me that Thune can have his cake and eat it, too. He can appease Trump by calling a recess and allowing recess appointments, then, at some point in the not too distant future (well before the end of this session), he can allow the Gaetz nomination to come to the floor for a vote, where it will probably fail and thereby end Gaetz's tenure as AG.

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I think thune is going to do a traditional attempt to get gaetz confirmed, and if it doesn't work he will allow the recess to take place. in other words, he won't have pro forma sessions to block an appointment

To start the clock for Ron to name his replacement.

twk said:

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BMX Bandit said:

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thune has already said recess appointments are on the table if the democrats try to block appointments.

We must act quickly and decisively to get the president’s nominees in place as soon as possible, & all options are on the table to make that happen, including recess appointments. We cannot let Schumer and Senate Dems block the will of the American people.https://t.co/h6gDmjhbqn

— Senator John Thune (@SenJohnThune) November 10, 2024

question is, will it be on the table if republicans try to block gaetz?


for those interested, there is a question on the legality of trump appointing people during recess.

some argue the vacancy must "happen during the Recess," ie, offices that become vacant during that intermission

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Seems to me that Thune can have his cake and eat it, too. He can appease Trump by calling a recess and allowing recess appointments, then, at some point in the not too distant future (well before the end of this session), he can allow the Gaetz nomination to come to the floor for a vote, where it will probably fail and thereby end Gaetz's tenure as AG.

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Not if Gaetz is never formally nominated.

TRIDENT said:

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To start the clock for Ron to name his replacement.

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governors don't name replacements for house members


a special election will be set

BMX Bandit said:

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Quote:

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Seems to me that Thune can have his cake and eat it, too. He can appease Trump by calling a recess and allowing recess appointments, then, at some point in the not too distant future (well before the end of this session), he can allow the Gaetz nomination to come to the floor for a vote, where it will probably fail and thereby end Gaetz's tenure as AG.

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I think thune is going to do a traditional attempt to get gaetz confirmed, and if it doesn't work he will allow the recess to take place. in other words, he won't have pro forma sessions to block an appointment

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Perhaps. But, he could call a recess rather early, so as to get the full slate in place sooner rather than later, all while the conventional nomination process is proceeding.

BMX Bandit said:

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Quote:

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Seems to me that Thune can have his cake and eat it, too. He can appease Trump by calling a recess and allowing recess appointments, then, at some point in the not too distant future (well before the end of this session), he can allow the Gaetz nomination to come to the floor for a vote, where it will probably fail and thereby end Gaetz's tenure as AG.

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I think thune is going to do a traditional attempt to get gaetz confirmed, and if it doesn't work he will allow the recess to take place. in other words, he won't have pro forma sessions to block an appointment

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Heard Spicer this morning say that Gaetz could refuse to do the courtesy calls and bend the knee to the Senate Judiciary Commiittee (what Sessions did in 2017) and go straight to committee vote. Spicer added that maybe a few other Trump nominees take that approach. Takes less time and resources since they won't need their sherpas assigned and leading them around.

Is that a sound strategy? IDK.

HTownAg98 said:

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And what happens if the Senate decides to hold pro-forma sessions during a recess? If they do, then they technically aren't recessed, even if the president forces it.

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If the President uses his Constitutional authority to adjourn Congress - they would be unable to hold pro-forma sessions. I think.

aggiehawg said:

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BMX Bandit said:

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Quote:

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Seems to me that Thune can have his cake and eat it, too. He can appease Trump by calling a recess and allowing recess appointments, then, at some point in the not too distant future (well before the end of this session), he can allow the Gaetz nomination to come to the floor for a vote, where it will probably fail and thereby end Gaetz's tenure as AG.

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I think thune is going to do a traditional attempt to get gaetz confirmed, and if it doesn't work he will allow the recess to take place. in other words, he won't have pro forma sessions to block an appointment

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Heard Spicer this morning say that Gaetz could refuse to do the courtesy calls and bend the knee to the Senate Judiciary Commiittee (what Sessions did in 2017) and go straight to committee vote. Spicer added that maybe a few other Trump nominees take that approach. Takes less time and resources since they won't need their sherpas assigned and leading them around.

Is that a sound strategy? IDK.

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I also love 2 Way, lol.

TRIDENT said:

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To start the clock for Ron to name his replacement.

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Except that would only affect this current session of Congress, which expires on January 3, 2025 at noon. If any special election were to happen now, the person taking that seat only fills out the current term. The wrinkle in all of this is that Gaetz was elected to the 119th House as well. There would have to be some kind of mechanism in place where he would formally have to decline the seat, and then an election could be held. But as I understand it, special elections can only be held if there's a vacancy, and that wouldn't be until January 3, 2025.

In short, Gaetz has created a mess here.

HTownAg98 said:

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TRIDENT said:

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To start the clock for Ron to name his replacement.

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Except that would only affect this current session of Congress, which expires on January 3, 2025 at noon. If any special election were to happen now, the person taking that seat only fills out the current term. The wrinkle in all of this is that Gaetz was elected to the 119th House as well. There would have to be some kind of mechanism in place where he would formally have to decline the seat, and then an election could be held. But as I understand it, special elections can only be held if there's a vacancy, and that wouldn't be until January 3, 2025.

In short, Gaetz has created a mess here.

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Agree with that assessment.

How big of a mess this creates remains to be seen. I have my trepidations about this going sideways though. Not sure everyone is on the same page nor have all of their ducks in a row yet.

The Banned said:

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We'd all be freaking out if it went the other way.

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They put him in jail on phony charges. They shot him.

It was WORSE the other way. This is nothing. Stop rolling over.

Justin2010 said:

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HTownAg98 said:

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And what happens if the Senate decides to hold pro-forma sessions during a recess? If they do, then they technically aren't recessed, even if the president forces it.

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If the President uses his Constitutional authority to adjourn Congress - they would be unable to hold pro-forma sessions. I think.

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It's hard to say, because I don't ever recall that it's ever been done.

stick95 said:

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Ellis Wyatt said:

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Use all the tools. The dims weaponized government against Trump. They fabricated crimes. They took political prisoners. They demonized concerned patriots. They called people who believe in traditional values "Nazis."

If it is legal, use it against them to root out fascists in our government.

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I hate this mindset. It just more of the same partisan establishment.

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They took the gloves off a long time ago. They impeached him over a phone call. They put him in jail. They're never going to stop. Quit unilaterally surrendering. There is no collegiality anymore.

We are fighting for the soul of The Republic, but I'm sure Mitt Romney has a newsletter you can subscribe to.

TexAgs91 said:

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Dems would be all over this. TRUMP IS A DICTATOR!!!

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I know right I mean can you imagine a President using the actual constitution to get things done instead of outright ignoring it or violating it like Biden has been doing for years? Oh, the horror!!!

That is why he went ahead and resigned. There is a current vacancy now. Johnson said yesterday that he had already called Desantis to get the clock ticking. They want the replacement to be there to take the oath of office with the rest of the new congress

That vacancy expires on January 3, 2025 when a new Congress is sworn in; the vacancy is only for the current session of the House. Now, there may be some law in place in Florida that allows a special election to be called if someone refuses to accept the vote once it's certified by the SoS.

Oyster DuPree said:

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TexAgs91 said:

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Dems would be all over this. TRUMP IS A DICTATOR!!!

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So nothing will change on that front

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Is it a step up or down from Hitler. I am trying to keep score.

Gloves are off. ****'em.

except he had already won re-election and this creates a vacancy in the next congress as well. It would be replacing a congressman elect with a new congressman elect to take the office at the open of the next congress

AgBQ-00 said:

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except he had already won re-election and this creates a vacancy in the next congress as well. It would be replacing a congressman elect with a new congressman elect to take the office at the open of the next congress

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That vacancy doesn't exist yet because that Congress hasn't been seated.

If they're going to hold a special election, it will have to be for some other reason (and it may exist). The power of the governor to call for a special election is only triggered when there's a current vacancy.

HTownAg98 said:

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That vacancy expires on January 3, 2025 when a new Congress is sworn in; the vacancy is only for the current session of the House. Now, there may be some law in place in Florida that allows a special election to be called if someone refuses to accept the vote once it's certified by the SoS.

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True. There could be some quirk in Florida law (or a quick bill to create one?) to allow the Governor to do that?

Uncharted waters here. I have no idea.

Recess appointment is dirty pool.

I could be wrong but I don't see the timing of having a new Rep in process to take the spot in the new congress will hold things up. They know they have an opening they have to have representation for those people so they will get it done as soon as they can. Just going off of what Johnson said last night about getting the ball rolling on the timer.

torrid said:

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Recess appointment is dirty pool.

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But only when republicans do it. Right?

The Banned said:

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We'd all be freaking out if it went the other way. I don't like sidestepping the balance of power between the branches of government

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Is it sidestepping the balance of power if it is written into the legal process that defines it?


That's like saying don't take all the tax deductions available because thats cheating on your taxes.

Zombie Jon Snow said:

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The Banned said:

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We'd all be freaking out if it went the other way. I don't like sidestepping the balance of power between the branches of government

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Is it sidestepping the balance of power if it is written into the legal process that defines it?


That's like saying don't take all the tax deductions available because thats cheating on your taxes.

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adjourning congress is written into the legal process

appointing cabinet member when the vacancy did not arise during the recess is not

Trump getting the pieces in place to "burn it down" on the deep state…behind the scenes battles are going to be vicious.

A quick question from someone politically uninformed: the statement bolded says "President," but Trump isn't actually President until the inauguration, right? So how can he do this?

Zombie Jon Snow said:

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The Banned said:

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We'd all be freaking out if it went the other way. I don't like sidestepping the balance of power between the branches of government

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Is it sidestepping the balance of power if it is written into the legal process that defines it?


That's like saying don't take all the tax deductions available because thats cheating on your taxes.

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It betrays the spirit of the law and you know that. The founders never intended appointments to be made this way.

If we continue down this path of circumventing the rules for our side, there won't be much left of the American system of government in the next 10 years. We are already approaching that.

Most everything gets done by EOs. Including war. Congress passes little if any legislation. There is talk of expanding the courts to simply benefit those in power. None of this was intended by the framers.

MooreTrucker said:

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A quick question from someone politically uninformed: the statement bolded says "President," but Trump isn't actually President until the inauguration, right? So how can he do this?

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The conversation is about what happens once he's president

BoydCrowder13 said:

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Zombie Jon Snow said:

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The Banned said:

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We'd all be freaking out if it went the other way. I don't like sidestepping the balance of power between the branches of government

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Is it sidestepping the balance of power if it is written into the legal process that defines it?


That's like saying don't take all the tax deductions available because thats cheating on your taxes.

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It betrays the spirit of the law and you know that. The founders never intended appointments to be made this way.

If we continue down this path of circumventing the rules for our side, there won't be much left of the American system of government in the next 10 years. We are already approaching that.

Most everything gets done by EOs. Including war. Congress passes little if any legislation. There is talk of expanding the courts to simply benefit those in power. None of this was intended by the framers.

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why is always the right has to play by the rules and the left when they have power does what they want?..no this a time to shape this country to the right for the next 30 years take the gloves off