Trump says Senate majority nominees should allow him to make recess appointments

President-elect Donald Trump got involved publicly in the Senate leadership race for the first time on Sunday, writing on Truth Social that anyone running to become the next Senate majority leader should agree to let him appoint members from his office during the holidays.

“Any Republican senator seeking the coveted LEADERSHIP position in the United States Senate must agree to suspend (Senate!) nominations or we will not be able to confirm individuals in a timely manner,” Trump wrote, adding: “Sometimes votes can take two years or more. That's what they did four years ago, and we can't let it happen again. We need positions filled IMMEDIATELY!”

One of the requirements he highlighted 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 houses of Congress participate in “pro forma” sessions, even when the House and Senate are out of town, as a tactic to prevent the president from circumventing confirmation votes.

The Supreme Court chastised President Barack Obama when he made vacation appointments, ruling 9-0 that he made them during a three-day recess and that the vacation was technically longer than that. The decision gave the Senate more power to thwart such appointments in the future.

In 2020, in the midst of the Covid pandemic, Trump threatened to unilaterally adjourn Congress so he could make appointments during the recess, but the threat never came to fruition.

Trump's message Sunday is the first time he has intervened in the race to replace Minority Leader Mitch McConnell of Kentucky, the de facto leader of Republicans in the Senate.

Republican Senators John Cornyn of Texas, Rick Scott of Florida and John Thune of South Dakota, the minority whip, are running to replace him.

Sen. Rick Scott, R-Fla., quickly weighed in Sunday, writing on X: “I will do whatever it takes to get your nominations passed as quickly as possible.” Bill Clark / CQ-Roll Call, Inc via Getty Images

Scott quickly weighed in on Sunday, writing on X that he agreed with Trump on holiday dating.

“100% agree. I will do whatever it takes to get your applications accepted as quickly as possible,” Scott wrote.

Cornyn wrote on X that it is unacceptable for Senate Democrats to block Trump's nominations.

The Constitution expressly grants the president the power to make appointments during vacations, he wrote in his message. Article II, Section 2, Clause 3: The President shall have power to fill any vacancies which may arise during the recess of the Senate, by granting commissions which shall expire at the end of their next session.

Thune said Senate members must act “quickly and decisively” on Trump’s nominations.

We must act quickly and decisively to get presidents appointed as quickly as possible, and all options are on the table to make this happen, including recess appointments. We cannot let Schumer and Senate Democrats block the will of the American people,” he wrote on X.

The race to succeed McConnell has intensified since Election Day, with rank-and-file Republican senators publicly endorsing their choices.

Republican Senators Rand Paul of Kentucky, Tommy Tuberville of Alabama, Marco Rubio of Florida and Bill Hagerty of Tennessee all supported Scott.

Sen. Josh Hawley, R-Mo., supported Cornyn.

On Thursday, Thune urged Trump not to support the race, telling CNBC in an interview: Obviously, if he wanted to, he could have considerable 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 it.”

Scott told Trump in May that he would run to succeed McConnell and asked for his support, a source familiar with the matter told NBC News.

Cornyn, Scott and Thune will meet Tuesday evening at a candidate forum hosted by Sen. Mike Lee, R-Utah. On Wednesday morning, just hours before Trump and President Joe Biden meet at the White House, senators will vote by secret ballot to elect a new majority leader.

In the second part of his Truth Social article on Sunday, Trump called on Democrats not to confirm any additional judicial nominees until the next session of Congress begins.

“Additionally, no judges should be approved during this time because Democrats seek to impose their judges while Republicans fight for leadership. THIS IS NOT ACCEPTABLE. THANK YOU!” Trump wrote, suggesting that Republicans should block Democrats from confirming judges during the lame duck session.

This would only work if Republicans slowed down the process. They can't unilaterally block Senate Majority Leader Chuck Schumer, D-N.Y., from nominating nominees.

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