Trump Could Invoke Obscure Clause to Place Nominees

House Speaker Mike Johnson made clear on Sunday that he is open to the controversial idea of using recess appointments to put President-elect Trump's Cabinet nominees in place—and Johnson could play a key role in making that happen.

• "We'll evaluate all that at the appropriate time, and we'll make the appropriate decision," Johnson told Fox News Sunday, reports NBC News. "There may be a function for that. We'll have to see how it plays out."
• Normally, the Senate must confirm all such appointees, but a president can use a recess appointment to put someone in place if Congress has formally adjourned, per Axios. These placements are temporary, but they can remain in place for up to two years, per Reuters.

• One snag for Trump is that it's not clear whether the Senate would agree to adjourn, given votes from Democrats and reluctant Republicans. But Trump can actually force an adjournment under a never-before-used Constitutional clause, as Edward Whelan, a conservative legal expert, explained in a Washington Post op-ed. Article II, Section III allows the president to force an adjournment if the House and Senate disagree on whether to take one. And that's where Johnson could play a role in what Whelan calls a "cockamamie scheme."
• The House speaker could put forth a resolution calling for the House and Senate to adjourn, and if the Senate disagrees, Trump could invoke the constitutional clause and force one, per Public Notice.
• Johnson said Sunday his hope is that the Senate approves Trump's picks under the usual procedure, but "we're in a time of very divided government and a very partisan atmosphere in Washington. ... I wish the Senate would simply do its job of advise and consent and allow the president to put the persons in his Cabinet of his choosing. But if this thing bogs down, it would be a great detriment to the country."
• For the record, Barack Obama made 32 recess appointments, Bill Clinton 139, and George W. Bush 171, according to the Congressional Research Service. Neither Trump nor Biden made any as president. However, Trump as president-elect already is pushing the idea.

(More President-elect Trump stories.)