WASHINGTON — Republicans are debating whether to blow up Senate rules to quickly usher through dozens of President Donald Trump’s stalled nominees — or to adjourn at the end of the week, thereby allowing Trump to make recess appointments throughout the scheduled August break.
“I think we have a choice. Democrats either have to relent and let us do the nominees through [unanimous consent], or we’ve got to do it through recess appointments,” Sen. Rick Scott (R-FL) told Raw Story.
Presidents are allowed to temporarily bypass the Senate nomination process and fill vacancies when Congress is out, appointments that expire at the end of the next congressional session.
Some veteran GOP senators are now warning against allowing Trump to use recess appointments, but they seem to increasingly be in the minority.
On the other side of the aisle, Democrats are debating whether to strike a deal allowing the confirmation of a slate of lower-level nominees. Even that has tensions boiling.
“There’s a lot of us in this caucus that want to f–––––g fight,” Sen. Cory Booker (D-NJ) told reporters at the Capitol Tuesday. “And what’s bothering me right now is we don’t see enough fight in this caucus.”
Republicans beg to differ.
‘Getting close’
In recent weeks, President Trump’s been increasing pressure on Republican leaders to deal with more than 140 nominees still stalled in the Senate.
In recent days, rank-and-file Republicans have started rallying around the president’s pressure campaign, because they say things have gotten to boiling point.
After Trump took office in January, Democrats allowed their then-Senate colleague Marco Rubio to be confirmed as secretary of state by unanimous consent — known as UC, whereby all 100 senators agree to limit debate on a bill or nominee.
But Democrats have refused to fast-track any other picks. With Trump fuming, Republicans say Democrats put them in a bind, which is why they’re debating rule changes.
“President Trump’s the very first president not to have any UCs or voice votes on nominees, and the more they do this, the more [Republicans’] attitude changed,” Sen. Markwayne Mullin (R-OK) told Raw Story.
“At this point, people are like, ‘You’re not giving us a choice.’ I think in February, they were like, ‘No, that isn’t something we want to talk about.’ Now, that conversation has changed, like, ‘This is your all’s decision. You guys made this happen.’”
Democrats are particularly incensed by the nominations of former Fox News host Jeanine Pirro to be a federal prosecutor, Mike Waltz for UN ambassador — Democrats say Waltz endangered national security by discussing classified war plans on Signal after he included the editor of The Atlantic on a group chat — and Paul Ingrassia, nominated as special counsel despite ties to white nationalist Nick Fuentes.
But Republicans aren’t discussing individuals. Ahead of their summer vacation, they’re focused on the forest, not the trees.
“We need to explore what our options are. The obstruction we’re seeing from Democrats is just kind of mindless and it’s denying President Trump the benefit of his team,” Sen. John Cornyn (R-TX) told Raw Story. “This has just gotten beyond the pale.”
“Does it feel like something has to give?” Raw Story pressed the former GOP whip.
“Yeah and it feels like we’re getting close,” Cornyn said.
That has some Republicans proposing allowing Trump to make recess appointments — which divides the party.
“We’re kind of reaching the point where to our Democrat [sic] friends, I think the choice is going to be either quit filibustering all these people or we’re going to recess the Senate and the president is going to fill up the rest of his administration with recess appointments,” Sen. Josh Hawley (R-MO) told Raw Story.
“I’m open to it,” Sen. Jim Banks (R-IN) said.
‘Steady as you go’
While the GOP’s united in frustration over Democratic stall tactics, veteran Republicans reject recess appointments.
“The last thing we want to do is create the challenges that would come from sweeping recess appointments,” retiring Sen. Thom Tillis (R-NC) told Raw Story. “That just lays the groundwork for really surprise appointments.”
The Constitution gives senators the special role of “advice and consent” when it comes to the president’s cabinet, which Tillis says is a duty senators should protect.
“It’s our job. I mean, where we differ the most from the House,” Tillis said. “Doing recess appointments would essentially relegate us to being the House because we are in the personnel business.”
Roughly 1,200 executive branch positions need Senate approval. Tillis says he could be supportive of lowering that number, but he won’t be convinced to lay down and allow Trump to make recess appointments.
“Let’s have that discussion versus using an absence as a way to get something done. Doesn’t make sense,” Tillis said. “I don’t think the American people would like it regardless of whether or not they’re sympathetic to some of the frustration we have right now.”
Tillis is far from alone in his opposition to recess appointments.
“I’m not in favor of that,” Sen. Roger Wicker (R-MS) told Raw Story.
“Why not?” Raw Story pressed the chair of the powerful Armed Services Committee.
“Oh, I don’t have time,” Wicker said as he waited in his Senators Only elevator for the doors to close.
“How do you guys get through these backlog of nominees?”
“Steady as you go,” Wicker said.
‘Insider baseball’
With GOP leaders threatening to keep the Senate in session into summer while contemplating rules changes, Democratic leaders find themselves torn between the progressive base and moderates who fear looking obstructionist.
But after years of watching the GOP stall Barack Obama and Joe Biden’s nominees, party leaders say Republican complaints ring hollow.
Sen. John Cornyn (R-TX) speaks to reporters as he walks in the Capitol this week. REUTERS/Kent Nishimura
“We’re trying to follow the same rules that they established,” Sen. Dick Durbin (D-IL), the top Democrat on the Judiciary Committee, told Raw Story. “We’re doing a lot, but they want more.”
While progressives like Sens. Booker and Elizabeth Warren (D-MA) are unwavering in their desire to stay in Washington and fight Trump on every front, more middle-of-the-road Democrats don’t think nominations are the hill the party should die on.
“This is like the insider baseball of Washington, D.C.,” Sen. Martin Heinrich (D-NM) told Raw Story.
“I try to focus on, like, we have huge cuts to Medicaid coming in my state. We have rural hospitals on the edge. I mean, that is the stuff that, on a day-to-day basis, I’m putting my time into.”