President-elect Donald Trump says he wants recess appointments for some of his controversial Cabinet picks, and President Joe Biden attends the G20 summit in Brazil.
Explainer: What are recess appointments and why might Trump be interested in them?
President-elect Donald Trump placed the process of recess appointments squarely in the news last weekend when he demanded the next Senate majority leader allow him to fast-track his nominees for high-level roles in his administration.
His announcements of controversial nominees this week — including former Florida Rep. Matt Gaetz as attorney general and former Hawaii Rep. Tulsi Gabbard as director of national intelligence — have raised questions about whether the incoming president is hoping to circumvent the Senate confirmation process.
Republicans are poised to have a 53-47 majority in the Senate, making Trump’s interest in recess appointments more curious.
Here’s a look at recess appointments and how Trump might take advantage of them.
What are recess appointments?
The Constitution states that a president’s nominees for positions such as Cabinet members, ambassadors and judges are subject to the “the Advice and Consent of the Senate.”
In other words, the Senate generally holds confirmation hearings to vet the president’s nominees before voting to confirm or reject them.
But the Constitution also allows for the president to unilaterally fill vacancies during a Senate recess. The appointments expire at the end of the Congress, meaning they would be valid, at most, for two years.
In the Federalist Papers No. 67, Alexander Hamilton wrote “it might be necessary for the public service to fill [positions] without delay.”
While it has been widely understood that the goal of recess appointments is to ensure the continuity of government functions, some presidents have used the process to appoint officials who might have had difficulty receiving Senate confirmation.
What is Trump saying?
The president-elect took to social media Sunday to say that "Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner.”
He claimed that it could two years or more to get some of his nominees confirmed, adding, “We need positions filled IMMEDIATELY!”
On Wednesday, Senate Republicans elected South Dakota Sen. John Thune to succeed longtime GOP Senate leader Mitch McConnell of Kentucky. Thune defeated Sens. John Cornyn of Texas and Rick Scott of Florida in a secret-ballot vote.
After his election, Thune said he’d like to see Trump’s Cabinet members go through the standard confirmation process but did not rule out recess appointments.
Thune could open the door for Trump to make recess appointments by not convening the Senate for at least 10 days and not scheduling any pro forma sessions. Under congressional rules, neither chamber of Congress can more than a three-day break without the consent of the other. That means the Republican-led House, too, would have be on board.
What are the concerns about Trump’s nominees?
Three of Trump’s picks in particular this week could face challenges in getting confirmed by the Senate, even a Republican majority one.
Gaetz was the subject of a three-year House ethics inquiry and resigned from his seat Wednesday, two days before the ethics panel was reportedly set to vote on releasing a report about its finding. Gaetz also faces questions about his qualifications for the attorney general job.
Gabbard, Trump’s pick to lead national intelligence, has been accused of amplifying Russian propaganda and has never worked in the intelligence community.
And the president-elect’s nominee for defense secretary, Pete Hegseth, would make the jump from Fox News to the Pentagon and lacks senior military or national security experience. He also has said women should not be allowed in combat roles and advocated for the pardons of service members accused of war crimes.
“Republicans are going to have a 53-47 majority in the Senate, and yet here’s Trump urging the Senate to go into recess so that he can bypass it altogether,” Stephen Vladeck, a constitutional law professor at Georgetown University, posted on X on Sunday. “In other words, he wants to install folks who couldn’t even get through *that* Senate. It’s going to be a long four years.”
Host Brazil focuses G20 on fighting hunger with wars and Trump's return in the background
Brazil pushed for concerted action to alleviate hunger Monday as it hosted a summit of the Group of 20 leading economies amid global uncertainty over two major wars and incoming U.S. President-elect Donald Trump.
U.S. President Joe Biden attended the summit after a stop in Lima for the Asia-Pacific Economic Cooperation forum. He also traveled over the weekend to Manaus, a city in Brazil's Amazon rainforest. It was the first time a sitting American president set foot in the Amazon.
The White House announced Sunday a $50 million contribution to the Amazon Fund, the most significant international cooperation effort to preserve the rainforest, after a prior $50 million. Biden’s administration announced plans last year to give $500 million.
White House officials have said Biden also would use the summits to press allies to not lose sight of finding an end to the wars in Lebanon and Gaza and to keep up support for Ukraine as it tries to fend off Russia’s invasion. Looming large on Monday was news of Biden's decision to ease restrictions on Ukraine’s use of longer-range U.S. missiles to allow that country’s military to strike more deeply inside Russia.
During the summit, Biden pointed to his soon-to-end administration’s efforts on global hunger and poverty. He also urged counterparts to increase efforts to ease those ills as well as resolve wars in Sudan, Gaza and Ukraine.
“The United States strongly supports Ukraine’s sovereignty and territorial integrity. Everyone around this table in my view should, as well,” Biden said.
Any commitments Biden makes may be overturned by the next White House administration.
Trump’s election may cause some countries to look toward China as a more reliable partner. Meanwhile, U.K. Prime Minister Keir Starmer met with China's Xi Jinping on Monday, the first meeting between British and Chinese leaders since 2018, seeking to repair relations with Beijing.