A Republican senator has warned his colleagues must “step up” to appoint Donald Trump’s cabinet picks or face recess appointments.
Bill Hagerty of Tennessee was on ABC’s This Week that the idea of recess appointments “is and should be on the table”, adding that previous presidents in modern history including Ronald Reagan and Bill Clinton had utilized the constitutional clause allowing appointments when the Senate is not in session.
The process would likely set up court battles and fray Trump’s relationship with GOP leaders — all while allowing him to confirm controversial choices despite concerns.
“This is a constitutionally available tool,” Hagerty told Jon Karl. “What we want to see is the Democrats co-operate with us. But if the resistance movement gets as heavy as it was... I’ve been through the confirmation process myself. I turned in my paperwork on the 21st of January, I didn’t get confirmed until July.”
But when Karl pointed out that Republican votes were the issue, and asked if the president-elect would use recess appointments to force through major positions, Hagerty reiterated his point with a message to other GOP senators.
“What he [Trump] wants to do is see these appointments made quickly,” Hagerty replied. “I think everything should be on the table. I think if my colleagues understand that they will know they need to step up and move expeditiously to get these cabinet members confirmed.”
The concept of recess appointments is a controversial one, and comes with restrictions: the appointments are temporary, and only last until the end of the applicable calendar year. They would also require the Senate to not be in session — something that members of the upper chamber of Congress could resist. The Senate has never triggered a recess simply for the purpose of allowing a president to make such appointments.
But it still leaves open the possibility that Trump could make recess Cabinet appointments during one of the Senate’s scheduled breaks, including the August recess later in 2025. And the president-elect himself has made clear that he plans to utilize the tactic.
“Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner,” he wrote on Truth Social.
Republican Senator John Thune was chosen to be the GOP’s new majority leader when the Senate convenes in January. An ally of Mitch McConnell, Thune is an institutionalist and is not likely to wield the power of the Senate to suit Trump’s whims. On policy matters and most votes, however, he’s expected to toe the White House line.
The Senate is set to be held by a solid GOP majority come next year; the president’s control is not absolute, however, and he has already seen his pick for attorney general go down in flames.
The chamber won’t vote on his picks until next year, but resistance from almost a half-dozen Republicans sunk the bid of Matt Gaetz to lead the Justice Department. None of Trump’s other nominees have withdrawn yet, though a number of Republican senators appear publicly skeptical towards the nomination of Tulsi Gabbard to be director of national intelligence (DNI).
Pete Hegseth, Trump’s pick to lead the Department of Defense, is also coming under increased scrutiny as new revelations have come out surrounding a sexual assault case he was involved in. Hegseth has denied that the encounter described in the allegations was nonconsensual.
On the right, Trump is also taking flack from traditional conservatives over his nomination of a candidate for secretary of Labor, Lori Chavez-DeRemerm, who supported the Pro Act — a piece of pro-union legislation that failed to pass Congress under Joe Biden’s presidency.
