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                                 It was less than a mont

The Situation: Advice and Consent Doesn’t Mean Adjourn and Appoint

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2024-12-09 23:30:03

Published by The Lawfare Institute in Cooperation With

It was less than a month ago that The Situation contemplated an emerging crisis in the Senate confirmation process for cabinet officers with national security responsibilities.

Far be it from me to declare that this crisis has been averted or successfully navigated. But there has been progress worthy of note.

The crisis developed because of a combination of two related developments: First, the president-elect announced he was nominating for a slew of senior positions with major security responsibilities, people who were manifestly unfit for those positions both in terms of their qualifications and in terms of their personal qualities. 

Second, someone hatched a plan to install these people without Senate confirmation, a plan which involved the president adjourning Congress and then using his recess appointment powers to install his cabinet en masse. 

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