Speaker Mike Johnson leaves the door open to recess appointments
By: NBC News
S E E D E D C O N T E N T
Nov. 17, 2024, 8:38 PM UTCBy Alexandra Marquez and Frank Thorp V
Speaker Mike Johnson on Sunday left the door open to adjourning Congress so President-elect Donald Trump can appoint his Cabinet nominees outside of the usual Senate confirmation process if necessary.
"We're in a time of very divided government and a very partisan atmosphere in Washington. I wish it were not. I wish the Senate would simply do its job of advise and consent and allow the president to put the persons in his Cabinet of his choosing. But if this thing bogs down, it would be a great detriment to the country, to the American people," Johnson told "Fox News Sunday" in response to a question about whether he'd be willing to let Trump use the recess appointment process, rather than the traditional Senate confirmation process for certain nominees.
A recess appointment occurs when a president unilaterally bypasses the Senate's responsibility to confirm Cabinet nominees and appoints them to the job during a period when both the House and Senate are not in session for at least 10 days.
Johnson on Sunday said, "We'll evaluate all that at the appropriate time, and we'll make the appropriate decision. There may be a function for that. We'll have to see how it plays out."
He added, "I'm sympathetic to all these arguments. As I said, we'll have to see how this develops. I am very hopeful, very hopeful, that the Senate will do its job, and that is, provide its advice and consent and move these nominees along."
To allow the recess appointment process to take place, the House and Senate would have to both vote to adjourn for a period of at least 10 days, which would either require them to agree unanimously to do so, or would require both chambers to vote on a concurrent resolution to adjourn for a specific amount of time.
Both chambers usually gavel in for pro forma sessions even during times of recess specifically to prevent the president from making recess appointments and bypassing congressional approval.
President Barack Obama once tried to use recess appointments and was rebuked by the Supreme Court, which said in 2014 that recesses needed to be 10 days or longer for recess appointments to be legal.
Johnson isn't the only Trump ally who has left the door open to using a recess appointment to confirm Trump's Cabinet picks.
Also on Sunday, Oklahoma GOP Sen. Markwayne Mullin told NBC News' "Meet the Press" that confirming some of Trump's picks would be a "very difficult" process, and thus recess appointments would be a "last resort."
"It'd be the absolute last resort," Mullin said. "But if that's what we have to do to get the confirmation through, then absolutely, let's do it. But I would say that would be last option."
House Minority Leader Hakeem Jeffries, D-N.Y., on Sunday said that Democrats would try to push against GOP efforts to make recess appointments, telling NBC News' "Meet the Press," if Republicans try to bypass the usual Senate confirmation process, "we will work very closely with our Senate Democratic colleagues. I have great trust and respect in [Senate Majority] Leader Chuck Schumer and [Senate Judiciary Committee Chairman] Dick Durbin to make sure that no end runs can be done."
On Sunday, Johnson also spoke about Trump's pick for attorney general, former GOP Rep. Matt Gaetz.
Gaetz is under scrutiny after he resigned from the House last week in the wake of his nomination to Trump's Cabinet.
While serving in Congress, he was the subject of an investigation by the House Ethics Committee into allegations that he had sex with a 17-year-old girl. Gaetz has repeatedly denied the allegations, but senators on both sides of the aisle have called for the committee's report to be released publicly or shared with them privately ahead of his confirmation vote.
Johnson had previously advocated against the release of the report and on Sunday told CNN, "What I have said with regard to the report is that it should not come out, and why, because Matt Gaetz resigned from Congress. He is no longer a member. There's a very important protocol and tradition and rule that we maintain that the House Ethics Committee's jurisdiction does not extend to nonmembers of Congress."
He added that senators will "have a rigorous review and vetting process in the Senate, but they don't need to rely upon a report or a draft report, a rough draft report that was prepared by the Ethics Committee for its very limited purposes."
Johnson also said that he has not spoken to the president-elect about the ethics report.
"I have literally not discussed one word about the ethics report, not once, and I've been with him quite a bit this week," Johnson said.
Alexandra Marquez
Alexandra Marquez is a politics reporter for NBC News.
Frank Thorp V
Frank Thorp V is a producer and off-air reporter covering Congress for NBC News, managing coverage of the Senate.
Syedah Asghar contributed.
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So much for checks and balances.
there's no checks and balances interfering with that weaselly thumper's future theocracy ...
Congress: Quiet! We'll play like no one knows we are here and cede our authority as a co-equal branch of government. That way, the people will not know how bad these appointees really are.
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I'm beginning to wonder how some NT members have the chutzpah to be critical of China's government.
wonder how some NT members have the chutzpah to be critical of China's government.
It hasn't murdered tens of millions of people within living memory. It hasn't forced women to have millions of abortions and isn't running concentration camps as part of a genocidal program against a population it wants to extirpate.
need more reasons?
A lot of nations have a history with regrettable incidents, even yours, but since I'm talking about what we can expect over the next four years, I won't bother to point out your comment's hypocrisy, since I've had to do so too many times already.
That's the point: the fascists WANT to demonstrate their willingness to subvert the Constitution.
Agreed. They prove that their loyalty to Trump is much stronger than their loyalty to the US or its Constitution.
What a great country we lived in
We really did. I always thought that the writers of the Constitution were very far-seeing, making sure that we had a 3-part government with checks and balances built in, to prevent any one branch from having too much power, and limiting the power government as a whole has over an individual. If one branch decided to go rogue, the good people employed in the others would keep that branch or official in check. Because surely, those branches would be populated by mostly good people.
They overestimated us. Well, some of us.
Although I'm not schooled on American constitutional law, what it looks like to me when all three levels of control are in the hands of one party, and both Congress and the SCotUS are sympathetic to the President, it seems to me to be a situation where the President might very well become a dictator in the true sense of the word. That should be a scary thought for the American people, unless someone could fill me in with why that can't possibly happen. Don't say the American people would never allow it, because as far as I know, and I hope I'm wrong, they just did.
So... we have a Canadian who lives in China... who does a better analysis than most talking heads.
That says everything that needs saying, about American media.
Quite the fuckins, ain't it? I hope to hell it isn't.
'some' of the American people Have allowed it to be a far better possibility than anyone should be comfortable with. it is embarrassing, the ignorance of our country. The 'man' stated his plans, and his cult just were somehow okay withit, didn't realize it was really a possibility, or just don't know what the fck theyb were doing by electing this scumbag, Again ! WTF
Then they carry on with how bad Biden/Harris were....yet can't tell US how the economy is to be made better or where all these murdering illegals are....they bought into Trumps Bullshit, hooker , line , and sinkers, and we are left to deal with the aftermath and it is not what this country is, or is about
This should be prevented by the Bill of Rights, if all is functioning as it should.
However, the GOP no longer even blinks when Trump raises the possibility of using his office and even the military to punish the press when they speak out against him, or his political opponents for being, well, opponents. They clearly do not care that he threatens to violate the First Amendment.
Well, I am sure the Resident Reight will get him if he does try and violate the 1st Amendment.../s I will let our readers decide...
I'm very confidant that someone that takes their oath to defend the constitution seriously will prevail ...
Only if it's their 1st Amendment rights. They don't care about yours or mine.
Its not really up to Johnson since the Senate would have to also agree to recess appointments, but dont expect any more backbone there.
there's no courage available within those senate republicans neutered by maga, without a secret ballot ...
Be careful what you wish for republicans, it will come back to bite you in the ass.
Democrats have still yet to figure that out. Maybe Republicans are sinking to that level.
The incoming administration have reached a level lower than a two hole outhouse.
After the next 4 years, the Dems could run a rotting corpse and they will win easily.
hell, the next 2 months are going to be touch and go, the way he's shitting thru his teeth in the media ...
Either Johnson is incredibly stupid and doesn't understand that it's not the Senate's job to merely act as a rubber stamp for every presidential appointment, and automatically consent and "move" them along, or, he actually does know better but sees his role as that of a trump toady and obedient servant instead of a leader of one chamber of a co-equal branch of the government. In reality, he's an incredibly stupid toady.
I vote for being a lovely little toady
he reminds me of the preacher's kid that spent grammer and middle school recess' climbing trees to retrieve his slacks ...
he's nothing but another dumb ass thumper crusader ...
they think geezus is running late for the second coming and it's up to them to kick start armageddon ...
Johnson and his toadies want to usher in Christian Nationalism. That's why they all turned their eyes away from trmp's character flaws. He's merely a means to an end. He's going to be surprised when he finds out he's been used
sexual assault seems to be running a close second to blind loyalty in cabinet nominations. is a biblical pattern developing?
Weeelllll......
he's one of those 7 mountain thumpers that will end up being part of the 8th mountain when they breach the 1st.
Apparently, Mike Johnson thinks he is Speaker of the Senate.
He wanted a doggie biscuit
He is a religious fanatic, he thinks he is everything.
there's only 2 people standing in his way to becoming his savior's divine representative of geezusland ...
Yep.
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apparently, he understands that the house will also play a role in creating the adjournment that will allow for recess appointments.
Conformations are not up to the House, but rather the Senate
And the Speaker cannot adjourn the Senate or even the House without the approval of the Senate
Article I, Section 5, Clause 4:
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Adjournment of Congress | Constitution Annotated | Congress.gov | Library of Congress
Read article II section 3 and you will see Johnson and the house’s role.
A lot of information contained therein - can you be more specific as to how the Speaker plays a role in the adjournment of the Senate if the Senate leadership disagrees?
Thanks in advance
Adjourning Congress: The President can adjourn Congress in the event of a disagreement between the two houses over when to adjourn.
Sean
Thank you, I had missed that.
Should Johnson and Trump do this, I feel confident that they will sacrifice any chance of getting agenda items passed through the Senate - as the on the fence Republicans will not vote him
So once again Johnson is speaking out of his butt
Trout
Maybe not see above couple comments
I can only read your comments. I don't see any of your comments denying he's speaking out of his butt. I could be wrong.
Sean pointed out that Art 2 Sec iii gives the president the ability to adjourn congress if the speaker and the majority leader are in disagreement.
I said that would be a very bad idea
I agree
Remember when MAGA was so offended that we said Trump was a threat to democracy? Now, he wants to bypass Senate review of his appointments so he can just have his way, no questions asked. Silence the representatives of the people.
MAGA: "Stop saying he's a threat to democracy!"
Every thinking person: Why? He clearly is.
trump's blowing political capital prior to his inauguration as if he won in a landslide. is politically bankrupt a thing, or even possible?
I don't think he's spending anything. He's pumping up MAGA.
his mouth is writing checks his office can't cash ...
Who cares if they bounce? That might be important if there were a tomorrow.
There is no tomorrow.
I've been convinced to change my opinion on Trump picks. They should all be confirmed and sent to work as soon as possible. We don't even need a real confirmation process, Trump won and the electorate spoke. They want chaos then we should give them chaos.
Noem can round up all the brown people and spike house and grocery prices even higher. Wasn't America better with a smaller middle class? Gabard will make it so our 'allies' stop sharing intelligence with us and Gatez can gut the FBI and the DoJ so when the next terrorist attack happens we can say it's the price we pay for freedom. Kennedy can gut the HHS and when the next pandemic happens we'll lose more MAGA bet hey they won't be compelled to vax. Bergum will allow oil spills in our national parks. Getting the government to pay for clean-up will be offset by the money the companies pay for their land lease. Those will make for interesting vacation photos. Less IRS workers means less taxes collected, coupled with tax cuts America would be great again...again. Broken bridges, potholes and all!
Fox talking heads will have no real power. They will still be talking heads, with a mission of going on the media as lighting rods, protecting the President.
The actual work of destroying the federal government will be done by Heritage Foundation-trained staffers.
Then we should make it as easy as possible to get that done. Tear it all down and burn it to the foundation. Then when they have thoroughly pissed off enough people the next generation can rebuild it better and more robust. For us now... let's give America the chaos it voted for.
Why do imagine that there will ever be another election?
With actual voters, that is. We'll have elections the way Belarus has elections.
Actually, it may Mean MORE taxes get collected
Someone needs to clean their own house first.................
Your link does not support my point and if everyone agreed with Ernst that government workers be compliant in the areas they oversee then that would eliminate too many of Trump's picks and we don't want that. So no. Let's give them immunity and let them all play video games and watch porn in the office.
Or hey... I just had a brilliant idea. Let's fire them all and have Musk setup an AI to do the job! AI doesn't need to get paid or take breaks.
Have you got anything to support that?
No, I'm converting to MAGA now. I don't need proof. I only have to believe it's true. The Godless Liberals are making claims so let's get these picks pushed through ASAP and get on with America's business!
So no. Noted