Summoned to DC. Pucker up libs.
BTW—President Trump @RealDonaldTrump could appoint Matt Gaetz @MattGaetz as Attorney General in August 2025 via a recess appointment, allowing Gaetz to serve in that role without Senate confirmation until the end of the Senate's next session, which would be at the conclusion of the second session of the 119th Congress (typically in December 2026).
Under Article II, Section 2, Clause 3 of the U.S. Constitution, the president has the authority to make recess appointments to fill vacancies during Senate recesses. These appointments do not require Senate confirmation and expire at the end of the Senate's "next Session."
The 119th Congress convenes its first session on January 3, 2025, and its second session begins in January 2026. A recess appointment made during an intrasession recess in 2025 (such as August) would therefore last until the end of the second session in late 2026.
The Supreme Court's 2014 ruling in *NLRB v. Noel Canning* clarified that:
Recesses must be at least 10 days long to qualify (shorter periods with pro forma sessions do not count).
Vacancies can exist prior to the recess (they do not need to newly occur during it).
Assuming a vacancy exists (e.g., via resignation or removal of the incumbent Attorney General), Trump could issue the commission during the recess.
The Senate's tentative 2025 legislative schedule includes a state work period (effectively a recess) from August 4 to September 1, 2025, lasting approximately 28 days—well above the 10-day threshold.
This period qualifies for recess appointments unless interrupted by pro forma sessions, which are not indicated in the current schedule.
Pro forma sessions are typically used by the Senate majority to block recess appointments when opposing the president's party. In a scenario where Republicans control the Senate (as might be the case under a Trump presidency), such sessions are less likely, preserving the recess.
BTW—President Trump @RealDonaldTrump could appoint Matt Gaetz @MattGaetz as Attorney General in August 2025 via a recess appointment, allowing Gaetz to serve in that role without Senate confirmation until the end of the Senate's next session, which would be at the conclusion of the second session of the 119th Congress (typically in December 2026).
Under Article II, Section 2, Clause 3 of the U.S. Constitution, the president has the authority to make recess appointments to fill vacancies during Senate recesses. These appointments do not require Senate confirmation and expire at the end of the Senate's "next Session."
The 119th Congress convenes its first session on January 3, 2025, and its second session begins in January 2026. A recess appointment made during an intrasession recess in 2025 (such as August) would therefore last until the end of the second session in late 2026.
The Supreme Court's 2014 ruling in *NLRB v. Noel Canning* clarified that:
Recesses must be at least 10 days long to qualify (shorter periods with pro forma sessions do not count).
Vacancies can exist prior to the recess (they do not need to newly occur during it).
Assuming a vacancy exists (e.g., via resignation or removal of the incumbent Attorney General), Trump could issue the commission during the recess.
The Senate's tentative 2025 legislative schedule includes a state work period (effectively a recess) from August 4 to September 1, 2025, lasting approximately 28 days—well above the 10-day threshold.
This period qualifies for recess appointments unless interrupted by pro forma sessions, which are not indicated in the current schedule.
Pro forma sessions are typically used by the Senate majority to block recess appointments when opposing the president's party. In a scenario where Republicans control the Senate (as might be the case under a Trump presidency), such sessions are less likely, preserving the recess.
