Please tell your Senators to FILIBUSTER any resolution to RECESS over the holidays -- and protect us

[pnwmom]

Last edited Thu Dec 21, 2017, 06:55 AM - Edit history (2)

from Trump firing Sessions, Rosenstein, or anyone else and appointing recess replacements.

This is a power we DO have. Please exercise it.

Both of these articles are from several months ago, but the same principle applies today.


https://newrepublic.com/minutes/144027/no-trump-cant-use-congress-recess-squash-russia-scandal-unless-democrats-let-him

The Supreme Court’s 2014 decision in National Labor Relations Board v. Noel Canning meaningfully circumscribed the recess appointment power, making it unconstitutional for a president to make such appointments unless the Senate adjourns for a formal recess.

A determined minority can thus effectively void the recess appointment power until the official end of the congressional term in January, by holding pro-forma sessions that keep the Senate technically in business. To fully recess, Democrats would have to agree to an adjournment resolution. If Senate Majority Leader Mitch McConnell wanted to do Trump’s bidding, he could introduce such a resolution (to adjourn until, say, the day after Labor Day) but Democrats could filibuster that resolution, which would give way to a messy floor fight, and test of wills, that Democrats would probably win.

I doubt McConnell wants that fight. But there’s no other legal path to a recess appointment. Which is why there have been pro-forma sessions during every recess of this term. McConnell knows how this works; he perfected the strategy back when he was minority leader.

THIS IS WHAT WE DID LAST SUMMER AND WE NEED TO DO IT AGAIN NOW:


http://www.cnn.com/2017/07/25/politics/trump-recess-appointments/index.html

Washington (CNN)Senators are planning to continue procedural moves to prevent the Senate from formally adjourning for recess next month in order to prevent President Donald Trump from making recess appointments, when the chamber eventually adjourns through the Labor Day weekend.

Using the threat of a filibuster, Democrats plan to force the Senate to hold pro forma sessions — a practice both parties have carried out to block recess appointments from presidents of opposite party, Democratic and Republican aides say.

Recess appointments let a president install nominees who normally must be confirmed by the Senate; their terms would run through the end of the "next session" of the Senate, but the "pro forma" sessions essentially means the Senate is never in recess.
While Republicans control the Senate now, the only way they can formally adjourn -- which would set up a period when recess appointments are allowable -- is to pass an adjournment resolution. The problem is that Democrats can filibuster that resolution, which they would do to prevent Trump from making recess appointments.

[Mike Niendorff]

1. This is a really, really good post.

Well worth a K&R, and some follow-up calls to my Congressional delegation.


MDN

[pnwmom]

2. Thanks, Mike!

[BumRushDaShow]

3. But here is the other side of that coin

I just heard on the radio this morning that Drumpf has been advised to not sign the tax giveaway until the new year because apparently its provisions would trigger automatic cuts if signed now. Normally not signing legislation means it automatically becomes law after 10 days (during most times of the year).

HOWEVER if he did hold it for signature and Congress recesses/adjourns for the holidays and nothing happens with it for the 10 days that fall within a recess/adjournment (which would only take it until December 30), then that should technically mean it is pocket-vetoed and they'd have to go through the process all over again if they didn't designate someone to handle it (similar to the pro-forma sessions).

[pnwmom]

4. If they went through the process again they'd just pass it again. MUELLER IS MORE IMPORTANT.

Taking the chance on getting Mueller replaced just to deny DT the accomplishment of signing in December instead of January isn't worth it. Not even close.

[BumRushDaShow]

5. Remember that there is no longer any cloture required for appointments

so it doesn't matter in that case either. As long as we are not in the majority, we are hamstrung. The "re-do" would be more difficult given that it's possible that Jones would be seated in the Senate by then.

And the responsibility of Mueller rests solely in Rosenstein and if he fires him or any of the rest of them, he only sets himself up for a worse-than-Nixon scenario.

[pnwmom]

7. Mueller is more important. If DT is going to be firing Mueller and appointing a replacement,

it needs to be while the Congress is in session. Even if we can't stop it, we can hang it around every Senator's neck.

[BumRushDaShow]

8. Again

He'd have to fire Rosenstein (Drumpf can't directly fire Mueller) and cascade on down with the firing to find someone who would fire Mueller, which would double the pain of what will be hung around a neck... And am not even sure if Sessions can do it either. And depending on what happens with Thad Cochran, it might get interesting with the Senate balance...

[pnwmom]

10. Cochran would be replaced by another Republican. So stop dreaming about that.

Yes, I know DT firing Mueller would be another Saturday Night disaster. But that wouldn't stop Trump. It might actually be fun for him. Not for Congress, but for him.

[BumRushDaShow]

11. Not dreaming and highly likely but then a GOP replacement for Sessions was a sure thing too.

But regardless of whether he tries to do it during a recess or not, there is not much that Democrats can do about it until the next set of elections (or even special elections if any come sooner than the normal primaries). He will appoint whoever he wants, whenever he wants, and "shaming" Republicans has obviously become useless. They are drunk with power now although some are feeling the stress and are starting to drop out or are promising to do such.

We'll need to rely on Schneiderman and Bharara to step up to the plate and pick off the immediate "advisors" to put pressure on. I.e., it will have to be a "team" effort.

[Demsrule86]

6. They always do.

[Achilleaze]

9. k and r