Research

BACKGROUNDER: In The Past, What Democrats Have Said About Obama’s Unprecedented Recess Appointment Today

Obama’s Recess Appointment Would Break 20 Years Of Precedent And Contradict A Brief Issued By The Clinton Justice Department Which “Obama’s Own Deputy Solictor General Cited Last Year.” “President Obama is under strong pressure from liberals to use his recess-appointment power during the congressional break, but doing so would break 20 years of precedent, putting him in a tough position. Using this recess to appoint Richard Cordray to head the Consumer Financial Protection Bureau, as liberals have urged, would also contradict a brief issued by the Clinton Justice Department in 1993, which Obama’s own deputy solicitor general cited last year.” (Alexander Bolton, “Obama Under Strong Pressure To Break Precedent On Recess Appointments,” The Hill, 1/4/12)

APPOINTMENT CONTRADICTS STATED POSITIONS OF HIS OWN VP, DEMOCRAT CONGRESSIONAL LEADERS AND FORMER COLLEAGUES IN THE SENATE

In 2005, Then-Senator Joe Biden Said President Not Entitled To Appointment Of Any Nominee.  “As I said, we don’t work for the president. And no president is entitled to the appointment of anyone he nominates. No president is entitled by the mere fact he has nominated someone. That’s why they wrote the Constitution the way they did: It says ‘advice and consent.’” (Sen. Joe Biden, Senate Committee on Foreign Relations, Hearing, 5/12/05)

In 2005, Pelosi Said That Recess Appointments “Subvert The Confirmation Process” And “Will Harm The United States’ Reputation In The Eyes Of The International Community”: “The President’s decision to circumvent the Senate and use a recess appointment naming John Bolton as ambassador to the United Nations is a mistake….For President Bush to use a recess appointment for such a controversial nominee – not because there was a compelling case that Mr. Bolton was the best person for the job, but merely because the President had the power to do it – subverts the confirmation process in ways that will further harm the United States’ reputation in the eyes of the international community. The American people deserve better.” (Rep. Nancy Pelosi, “President’s Recess Appointment Of John Bolton Is A ‘Mistake,’” Press Release, 08/01/05)

In 2007, Reid Called Recess Appointments “An End Run Around The Senate And The Constitution.” “I will keep the Senate in pro forma session to block the President from doing an end run around the Senate and the Constitution with his controversial nominations.” (Sen. Harry Reid, Congressional Record, S.15980, 12/19/07)

• And Reid Thinks Recess Appointments “Are Mischievous.” “Also, understand this: We have had a difficult problem with the President now for some time. We don’t let him have recess appointments because they are mischievous, and unless we have an agreement before the recess, there will be no recess. We will meet every third day pro forma, as we have done during the last series of breaks.” (Sen. Reid, Congressional Record, S.7558, 7/28/08)

Senator Dick Durbin (D-IL) Says Recess Appointments “Ignore The Will Of The Senate.” “When you have an appointment that is this critical and this sensitive, and the president basically says he’s going to ignore the will of the senate and push someone through, it really is troubling.” (Bernard Schoenburg, “Bush Sends Bolton To U.N.; Durbin, Obama Criticize Move,” The State Journal-Register, 8/2/05)

• Durbin Says Recess Appointments “Unconstitutional” And “Confrontational.” “I agree with Senator Kennedy that Mr. Pryor’s recess appointment, which occurred during a brief recess of Congress, could easily be unconstitutional. It was certainly confrontational. Recess appointments lack the permanence and independence contemplated by the Framers of the Constitution.” (Sen. Durbin, Congressional Record, S.6253, 6/9/05)

Sen. John Kerry (D-MA) Called Recess Appointments “Abuse [Of] The Power Of The Presidency.” “‘It’s sad but not surprising that this White House would abuse the power of the presidency to reward a donor over the objections of the Senate,’ Kerry said in a statement ...”  (Al Kamen, “Recess Appointments Granted to ‘Swift Boat’ Donor, 2 Other Nominees,” The Washington Post, 04/05/07)

Sen. Chris Dodd (D-CT) Questioned Legality Of Recess Appointments, Called Them “Abuse Of Executive Authority.” “Sen. Christopher J. Dodd (D-Conn.) said yesterday that he will ask the Government Accountability Office for a ruling on the legality of the unusual appointment, which he called ‘an abuse of executive authority …’” (Al Kamen, “Recess Appointments Granted to ‘Swift Boat’ Donor, 2 Other Nominees,” The Washington Post, 04/05/07)

• Dodd Called Recess Appointments “Deceptive” And “Illegal”. “Dodd said Thursday that Fox’s appointment was ‘deceptive at best and illegal at worst,’ and he asked the Government Accountability Office to investigate.” (David Jackson, “Many Presidents Have Used The Recess Option,” USA Today, 04/05/07)

Sen. Joe Lieberman (I-CT) Said Recess Appointment “Shows Disrespect” To Senate. “Committee spokeswoman Leslie Phillips issued a statement on Lieberman’s behalf yesterday, saying that the ‘decision to recess appoint Susan Dudley shows disrespect’ for the Senate’s authority to advise and consent on nominations.” (Al Kamen, “Recess Appointments Granted to ‘Swift Boat’ Donor, 2 Other Nominees,” The Washington Post, 04/05/07)

Sen. Russ Feingold (D-WI) Called Recess Appointments “Slap” To Institute Of The Senate. “Judge Pickering was never confirmed by the Senate, but in a further slap to this institution, the President put him on the court through a recess appointment.” (Sen. Feingold, Congressional Record, S.13289, 10/24/07)

• Feingold Feared Recess Appointments Place “Most Egregious And Political Leadership” In Major Executive Positions. “Is that what we want? It means most likely there will be recess appointments this winter for the 10 major leadership positions in the Department. And what does that mean? Simply stated: The administration could put in place the most egregious and political leadership, and we--the Senate--could do nothing about it. We would have reduced transparency and reduced congressional oversight.” (Sen. Feingold, Congressional Record, S.14158, 11/8/07)

Sen. Frank Lautenberg (D-NJ) Said Recess Appointments “Bend The Rules And Circumvents The Will Of Congress.” “[E]ven while the president preaches democracy around the world, he bends the rules and circumvents the will of Congress’ at home.” (“President Sends Bolton to U.N.; Bypasses Senate,” The New York Times, 8/02/05)

Sen. Patty Murray (D-WA) Said Recess Appointments “Blindside” Senators. “People Are Concerned. With that in mind, Senate Democrats said they have little faith that Bush will play nice and refrain from making the controversial appointments. Democrats have been blindsided by Bush before, particularly in April when the president tapped three controversial nominees for executive branch slots…..’I think every time there’s a recess, people are concerned that the president might use that’ option, echoed Sen. Patty Murray (Wash.), the Democratic Conference secretary.” (“Reid Mulls Pro Forma Sessions,” Roll Call, 11/15/07)