Today in the Rose Garden, Trump threatened to use his constitutional power to adjourn both houses of Congress in order to make recess appointment he badly needs during this pandemic:
BREAKING: President Trump says he might "exercise my constitutional authority to adjourn both chambers of Congress" if his nominations aren't approved.
This power has never before been used by a president. pic.twitter.com/cMfmfl2HAT
— Meet the Press (@MeetThePress) April 15, 2020
Here’s more from the Washington Times:
President Trump threatened on Wednesday to take the unprecedented step of adjourning Congress with his executive powers so he can make recess appointments of stalled nominees.
Speaking at the daily White House coronavirus task force briefing, Mr. Trump said his administration has been hamstrung by a lack of personnel because Senate Democrats have held up nominees.
He criticized the Senate and House for holding “phony” pro forma sessions, instead of adjourning, which prevents him from making recess appointments.
“If the House will not agree to that adjournment, I will exercise my constitutional authority to adjourn both chambers of Congress,” Mr. Trump said. “The current practice of leaving town while conducting phony pro forma sessions is a dereliction of duty that the American people cannot afford during this crisis. It is a scam, what they do.”
Republicans hold the majority in the Senate, but an adjournment requires consent from both parties.
Article II, Section 3 of the Constitution states that the president “may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper.”
Mr. Trump said the Senate’s habit of staying in session technically “where no one is even there, has prevented me from using the constitutional authority that we’re given under the recess provisions.”
“The Senate should either fulfill its duty and vote on my nominees or should formally adjourn so that I can make recess appointments,” Mr. Trump said.
Note they report that “Republicans hold the majority in the Senate, but an adjournment requires consent from both parties.” Meaning Schumer is blocking adjournment from happening.
You may remember that Obama made recess appointments as well, but that was a case of overreach, as his appointments were invalidated by the Supreme Court because the Senate was in fact NOT in recess.
What Trump is saying he’ll do is adjourn Congress to make sure they are in recess before he makes the appointment. And from the looks of Article II, Section 3, he has the power to do it. Get ready for a media freakout when he does it though…