A coalition of civil rights and democracy advocacy groups gathered on Wednesday to voice their concerns about President-elect Donald Trump’s intention to utilize recess appointments to circumvent the Senate’s confirmation process for his appointees, many of whom have significant conflicts of interest.
The 70 organizations, including People For the American Way, Public Citizen, the Constitutional Accountability Center, and the NAACP, dispatched a letter to U.S. senators emphasizing that the Senate confirmation process offers “critical information” that enables lawmakers and citizens alike to “assess the suitability of nominees for the significant roles they are being considered for.”
“The Constitution’s framers mandated Senate ‘Advice and Consent’ for top officials for good reason: It safeguards our liberties, akin to the Bill of Rights, by providing a vital restraint on presidential authority,” the letter stated. “This crucial oversight would be bypassed with recess appointments, leaving the American public in the dark.”
Since winning the election last month, Trump has openly shown a preference to sidestep the lengthy Senate confirmation process through recess appointments, which are constitutionally permitted and have historically been used by presidents from both parties. The requirement for Senate approval is already proving to be a major hurdle for the incoming administration: Trump’s initial choice for attorney general, Matt Gaetz, had to withdraw due to overwhelming Senate resistance, and Pentagon nominee Pete Hegseth is also facing significant challenges.
“Yielding to the president-elect’s demands for recess appointments under these circumstances would represent a significant departure from traditional practices at the commencement of a new administration,” the organizations stated in their letter. “The confirmation process is vital for gathering essential information that helps prevent the appointment of nominees who might be harmful or ineffective, ensuring that those who are approved meet at least a basic threshold of suitability.”
“Every individual appointed to serve in our nation’s highest offices deserves thorough scrutiny, and Trump’s nominees are no exception.”
Experts maintain that recess appointments were designed to allow presidents to fill crucial positions during extraordinary circumstances, not as a workaround for nominees facing substantial opposition.
The Senate could block recess appointments by opting not to formally recess and by holding pro forma sessions. However, incoming Senate Majority Leader John Thune (R-S.D.) has mentioned that “we need to consider all available options” to advance Trump’s nominees.
“We’re not going to let the Democrats obstruct the American people’s will by blocking President Trump’s preferred candidates for these positions to enact his agenda,” Thune declared last month.
Trump has also previously hinted at using a rarely invoked constitutional provision that he believes would allow him to adjourn both chambers of Congress, thereby enabling recess appointments.
Conservative scholar Edward Whelan, a prominent senior fellow at the Ethics and Public Policy Center, criticized this proposed method as a “ridiculous plan” that would “gut the Senate’s role in advice and consent.”
Svante Myrick, president of People For the American Way, remarked in a statement on Wednesday that “if attempts are being made to push through nominees without Senate and public scrutiny, it’s likely because there’s something to conceal.”
“Every individual selected to serve in our nation’s highest offices warrants full scrutiny,” Myrick added, “and Trump’s nominees are no exception.”
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