Speaker Mike Johnson (R-La.) left open the possibility of enabling President-elect Trump to appoint his Cabinet by recess appointment, bypassing the need for approval from the Senate.
“We’ll evaluate that at the appropriate time, and we’ll make the appropriate decision. There may be a function for that, we’ll have to see how it plays out,” Johnson said when asked about whether he would support recess appointments on “Fox News Sunday.”
Discussion of appointing Trump nominees by recess appointment has ticked up in wake of Trump’s controversial Cabinet picks,like former Rep. Matt Gaetz (R-La.), Tulsi Gabbard, and Robert F. Kennedy Jr., which sent shockwaves through Washington. It is not clear whether those picks would get support from a majority of the Senate, where Republicans will have 53 seats.
Trump can recess-appoint nominees if Congress adjourns both chambers for 10 days or longer. The Constitution, however, dictates that neither chamber of Congress can adjourn for more than three days without the consent of the other, giving the House — and therefore, its Speaker — a say in whether it would be possible for Trump to recess-appoint his Cabinet.
Johnson indicated that he could support the recess appointment strategy if Trump’s nominees are held up in the Senate.
“Listen, I believe in the principle of the president being able to choose his team, and that used to not be a controversial notion,” Johnson said on “Fox News Sunday.” “We’re at a time of very divided government, and a very partisan atmosphere in Washington. I wish it were not. 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, to the American people. Remember, they just delivered a mandate to the president, an overwhelming popular vote victory, and of course Electoral College victory, and they have sent the message that America first policies are — should be the rule of the day,” Johnson said.
Asked about criticism of the recess appointment scheme, Johnson said he was “sympathetic” to arguments that recess appointments would be “anti-constitutional” and would eliminate “one of the basic checks on power” of the president.
“I’ve demonstrated over and over that we will have fidelity to our oath, which is to uphold the Constitution. So we evaluate all these things very carefully,” Johnson said.
It would take consent from a majority of the House to adjourn the chamber long enough to enable Trump to recess appoint his Cabinet.
Trump earlier this month pressured senators running to be House majority leader to support the possibility of appointing his Cabinet picks via recess appointment.
New Senate GOP Leader John Thune (R-S.D.) said last week that closing down the Senate for 10 days or longer in order to allow Trump to make recess appointments is “an option,” but warned that there might now be enough Republican support to adjourn and enable those recess appointments.
