WASHINGTON, D.C., USA — President-elect Donald Trump’s selection of former Congressman Matt Gaetz to be nominated for the U.S. Attorney General is sending shockwaves through Washington.
Gaetz, a Trump loyalist, had been under investigation by the Justice Department for alleged sex trafficking and obstruction. He’s denied any wrongdoing. He also preemptively resigned from the House of Representatives on Wednesday following Trump's announcement of his pending nomination.
While some question whether Gaetz will even be confirmed by the Senate, there's a chance Trump may not have to rely on them. There are rumors that Trump may be considering recess appointments as a way to skip Senate confirmation altogether. He wrote on social media that it’s the only way to “get people confirmed in a timely manner.”
“Some of his more controversial picks might not garner support among all Republican senators," said Dr. Leslie Caughell, associate professor of political science at Virginia Wesleyan University. “If President Trump wants these people in place from the beginning of his administration, I think there might be some calculation here. A recess appointment is a good way of just getting people in the position.”
Caughell said under U.S. law, cabinet appointments must be approved by the Senate. But a recess appointment would allow Trump to bypass the confirmation and fill a vacancy without Senate approval, while the Senate is in recess.
“President Trump is playing chicken with Republican Congressional chambers to see how much power and influence he has and how far they’re willing to conform here," she said.
Senator Mark Warner is among those expressing concern about Trump’s picks.
“Some of the Trump appointments, you know, [Wednesday] was more than a little surprising on some of the names that have been floated forward," Warner said.
Warner on Thursday stressed the importance of cabinet nominees going through the Senate confirmation process and not being appointed while the Senate is in recess.
“We need that vetting process," Warner said. "And any attempt to drop names that couldn’t get through a vetting process or couldn’t get through an open hearing, in some form of recess approach, would be totally counter to the way that our system works.”
Caughell noted recess appointments are not uncommon, having been used by former presidents Barack Obama, George W. Bush and Bill Clinton.
She also pointed out that a recess appointment is only temporary, and any appointee will be need to eventually be approved by the Senate.