“Recess” Presidential Appointments

Trump Appointments In November Finish With Kash Patel As FBI Head, An Alarming Development!

Donald Trump finished the appointment process in the three weeks since he won the Presidential Election of 2024, with the very disturbing appointment of Kash Patel, an extreme loyalist, as new head of the FBI, effectively shortening the ten year term of Christopher Wray that he made upon taking office in his first term in 2017.

The FBI’s past included the corrupt leadership of J. Edgar Hoover from 1924-1972, but with the agency having been reformed in the half cantury since then.

But now a lot of the corruption and abuse of power of that half century is likely to return, as Patel has made it clear he is out to pursue revenge against those who pursued the scandals and corruption of Trump in his first term, which led to two impeachments and four indictments.

Patel has threatened retribution against “deep state” officials he plans to target. He has also attacked the news media, therefore potentially making the FBI an agency out of control, with the intent of “cleaning house” in that agency and setting out to prosecute those he considers “enemies” of Donald Trump who “caused” his prosecutions, including the events of January 6, 2021.

Patel would need to be confirmed by the US Senate, and he adds to the list of highly objectionable nominees, and the question arises, how many, if any of these individuals, can be rejected by the Senate and yet not be put into office by so called “recess” appointments!

Republican Senators Who Are Likely To Oppose Some Trump Cabinet Nominees

Signs that a substantial number of Republican Senators are seen as likely to oppose some Donald Trump Cabinet nominees, particularly Pete Hegseth for Secretary of Defense; Tulsi Gabbard for Director of National Intelligence; and Robert F. Kennedy Jr. for Secretary of Health and Human Services.

Among those Senators who have issues with Trump appointees are the following:

Lisa Murkowski of Alaska
Thom Tillis of North Carolina
Todd Young of Indiana
Jonie Ernst of Iowa
Mitch McConnell of Kentucky
Bill Cassidy of Louisiana
Susan Collins of Maine
James Lankford of Oklahoma
Markwayne Mullin of Oklahoma
John Cornyn of Texas
John Curtis of Utah (Senator Elect)
Shelley Moore Capito of West Virginia

If four or more of this group vote against any of the above appointees or any others, such individual would not be able to be part of the Cabinet or other advisers.

However, the concept of a “recess” appointment could become a controversial action taken by Donald Trump, which would likely become a legal issue, and be seen as a grab for power.

Two Women Republican Senators Likely To Resist Trump Appointments, But Can They Gain Two Other Republican Senators As Supporters?

Two women Republican Senators who have often disagreed with and voted against Donald Trump—Lisa Murkowski of Alaska, and Susan Collins of Maine—are seen as likely to resist many of Trump’s controversial Cabinet nominees.

Both women voted to convict Trump on impeachment charges in his second trial. Both are seen as moderates, and have shown courage and conviction in their careers in the Senate, with Collins in the Senate since 1997 and Murkowski since 2002.

The question is whether they can gain at least two Republican colleagues to join them in fighting to reject Trump’s outrageous Cabinet nominees, including:

Matt Gaetz, Attorney General
Pete Hegseth, Defense
Robert F. Kennedy Jr., Health and Human Services
Tulsi Gabbard, Director of National Intelligence

It seems clear other Republican Senators are very unhappy with some, or all of these choices, but will they be willing to challenge Trump is the unknown matter.

And sadly, future Senate Majority Leader John Thune, of South Dakota, not Trump’s “favorite”, has to deal with the likelihood of Trump deciding to call for the Senate to go into recess.

This would be an abdicating of their responsibility as a co-equal branch of government, and allowing two year “recess” appointments, which might be challenged in the courts, but with no clear answer as to what the resolution on the matter would be!