President-elect Donald Trump on Sunday involved himself publicly in the Senate leadership race for the first time, writing on Truth Social that anyone running to be the next Senate majority leader should agree to let him make recess appointments to his cabinet.
“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,” Trump wrote, adding, “Sometimes the votes can take two years, or more. This is what they did four years ago, and we cannot let it happen again. We need positions filled IMMEDIATELY!”
One of the demands he outlined is the ability to make recess appointments, which would allow the president to appoint people to senior administration positions and bypass Senate confirmation.
Currently, both chambers of Congress enter “pro forma” sessions, even when the House and the Senate are out of town, as a tactic to block the president from bypassing confirmation votes.
The Supreme Court rebuked President Barack Obama when he made recess appointments, ruling 9-0 that he made them during a three-day break and that recesses are technically longer than that. The ruling gave the Senate more power to thwart such appointments in the future.
In 2020, during the throes of the Covid pandemic, Trump threatened to unilaterally adjourn Congress so he could make recess appointments, but the threat never materialized.
Trump’s post Sunday is his first time he has weighed into the race to replace Minority Leader Mitch McConnell of Kentucky, Republicans’ de facto leader in the Senate.
GOP Sens. John Cornyn of Texas, Rick Scott of Florida and John Thune of South Dakota, the minority whip, are running to replace him.
Scott quickly weighed Sunday, writing on X that he agrees with Trump about recess appointments.
“100% agree. I will do whatever it takes to get your nominations through as quickly as possible,” Scott wrote.
Cornyn wrote on X that it is “unacceptable” for Senate Democrats to block Trump appointments.
“The Constitution expressly confers the power on the President to make recess appointments,” he wrote in the post. “Article II, Section 2, Clause 3: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”
Thune said members of the Senate must act “quickly and decisively” on Trump appointments.
“We must act quickly and decisively to get the president’s nominees in place as soon as possible, & all options are on the table to make that happen, including recess appointments. We cannot let Schumer and Senate Dems block the will of the American people,” he wrote on X.
The race to succeed McConnell has heated up since Election Day, with rank-and-file GOP senators publicly endorsing their picks.
Republican Sens. Rand Paul of Kentucky, Tommy Tuberville of Alabama, Marco Rubio of Florida and Bill Hagerty of Tennessee have all endorsed Scott.
Sen. Josh Hawley, R-Mo., has endorsed Cornyn.
On Thursday, Thune urged Trump not to endorse in the race, telling CNBC in an interview, “Obviously, if he wants to, he could exert a considerable amount of influence on that, but honestly, I think my preference would be, and I think it’s probably in his best interest, to stay out of that.”
Scott told Trump in May that he would run to succeed McConnell and asked for his endorsement, a source familiar with the call told NBC News.
Cornyn, Scott and Thune will meet Tuesday evening at a candidates forum organized by Sen. Mike Lee, R-Utah. On Wednesday morning, just hours before Trump meets with President Joe Biden at the White House, senators will vote for a new majority leader by secret ballot.
In the second part of his Truth Social post Sunday, Trump called on Democrats not to confirm any additional judicial nominees before the start of the next congressional session.
“Additionally, no Judges should be approved during this period of time because the Democrats are looking to ram through their Judges as the Republicans fight over Leadership. THIS IS NOT ACCEPTABLE. THANK YOU!” Trump wrote, suggesting Republicans should stop Democrats from confirming judges during the lame duck session.
That would work only if Republicans slow-walk the process. They cannot unilaterally stop Senate Majority Leader Chuck Schumer, D-N.Y., from putting nominees on the floor.
