Summary of NPR Politics Podcast Episode: "Trump's Next Challenge: Confirming Cabinet Nominees"

Release Date: November 18, 2024
Hosts: Tamara Keith, Kerry Johnson, Susan Davis

Introduction

In the November 18, 2024 episode of The NPR Politics Podcast, hosts Tamara Keith, Kerry Johnson, and Susan Davis delve into President-elect Donald Trump's upcoming challenge: confirming his Cabinet nominees. The discussion explores the traditional confirmation process, the potential for constitutional clashes, and the implications of Trump's controversial appointment strategies.

The Standard Cabinet Confirmation Process

Susan Davis provides a foundational overview of the constitutional procedure for confirming Cabinet secretaries:

Susan Davis [01:39]: "Well, that nomination goes to the Senate, which by the Constitution has the advising consent power to basically vet these nominees and either confirm them or reject them. The nominees would go to the Senate and go through the committee of jurisdiction..."

She explains that each nominee is assigned to the relevant Senate committee (e.g., Secretary of State to Foreign Relations), where thorough background checks are conducted, often involving the FBI. The process culminates in a committee vote, followed by an up-or-down vote in the full Senate. Notably, the recent elimination of the filibuster for Cabinet appointments means only a simple majority is now required for confirmation.

Trump's Proposed Path and Its Challenges

Tamara Keith points out that while some of Trump's nominees might navigate the confirmation process smoothly, others present significant hurdles:

Tamara Keith [02:34]: "At least some of the people who President elect Trump has nominated, in theory, they won't have trouble getting confirmed."

Susan Davis concurs, noting that nominees with political backgrounds, such as Marco Rubio or governors like Doug Burgum and Kristi Noem, are likely to receive favorable treatment due to their established reputations within the party.

However, the discussion shifts to Trump's more contentious nominees:

Susan Davis [03:24]: "Obviously right now there's a lot of focus on what I would call a grand slam of controversial nominees. That would be Pete Hegseth to Defense Secretary, former Republican congressman Matt Gaetz to be the Attorney General, former Democratic Congresswoman Tulsi Gabbard to be the Director of National Intelligence, and Robert F. Kennedy Jr., the Democrat turned independent presidential candidate to be the Health and Human Services Secretary."

These nominees, characterized by their polarizing profiles, are expected to face substantial opposition in the Senate, complicating Trump's Cabinet confirmation efforts.

Recess Appointments and Constitutional Implications

A significant portion of the episode examines Trump's potential use of recess appointments as an alternative strategy to bypass Senate confirmation:

Susan Davis [08:42]: "Recess appointments up until about a decade ago were actually fairly common... But fundamentally changed by a 2014 Supreme Court ruling requiring a minimum of 10 days recess..."

The hosts discuss how the Supreme Court's decision has rendered traditional recess appointments less feasible, as the Senate typically avoids lengthy recesses by holding pro forma sessions.

Kerry Johnson highlights the potential constitutional crisis stemming from Trump's proposed tactics:

Kerry Johnson [13:00]: "He's put it out there and people are hearing it in a way that, you know, in the worst case scenario, this could set up a constitutional crisis."

Susan Davis elaborates on the unprecedented nature of such moves:

Susan Davis [12:57]: "Donald Trump is making that very plain that he sees this as a loyalty test... There's no precedent for it. The congressional and legal scholars and parliamentary scholars we spoke to were in disagreement amongst themselves whether it could even happen..."

The discussion underscores the risks of undermining the Senate's advisory and consent role, potentially leading to a power struggle between the executive and legislative branches.

Senate Leadership Dynamics

With Senator John Thune taking over as the new Republican Senate leader, the episode explores his pivotal role in navigating Trump's confirmation strategy:

Susan Davis [13:51]: "John Thune won a leadership election... He's the first Republican to lead the Senate in 18 years that's not named Mitch McConnell."

Thune's approach is characterized by balancing loyalty to Trump with maintaining Senate protocols. His untested leadership style poses uncertainty regarding how he will handle the pressure to confirm controversial nominees versus upholding Senate traditions.

Potential for a Constitutional Crisis

The hosts warn of the looming possibility that aggressive moves by Trump could trigger a constitutional crisis:

Tamara Keith [13:45]: "Right. I think we're going to have a lot of conversations about what is a norm and what is the law and what could potentially happen."

Susan Davis notes the fragile state of consensus among scholars and the Supreme Court's uncertain stance:

Susan Davis [12:10]: "The Constitution does give the power to the president to both convene and adjourn the Senate if the two chambers are in disagreement... We're staring a little bit into the abyss there."

Kerry Johnson adds that the Supreme Court's current lack of high public confidence exacerbates the potential challenges in resolving such a crisis:

Kerry Johnson [13:04]: "This could set up a constitutional crisis... the Supreme Court, as we've talked about a lot on this pod, is not at a moment of high public confidence right now."

Conclusion

As Donald Trump approaches his inauguration, The NPR Politics Podcast episode "Trump's Next Challenge: Confirming Cabinet Nominees" provides an in-depth analysis of the complexities surrounding Cabinet confirmations. The discussion highlights the interplay between presidential authority, Senate procedures, and the broader implications for American constitutional norms. With Trump poised to push the boundaries of traditional confirmation processes, the episode underscores the potential for significant political and legal upheaval in the coming months.

Notable Quotes:

• Susan Davis [01:39]: "The Senate wants to know everything and then the committee can report that nomination to the full Senate either favorably or unfavorably..."

• Susan Davis [03:24]: "All four of these nominees face a pretty uphill battle in the Senate."

• Susan Davis [05:02]: "What has that ever gotten any Republican ever? But these are serious jobs that these people have been nominated for, and they fall far outside the realm of what I would consider a typical or sort of well qualified nominee."

• Susan Davis [08:42]: "Recess appointments up until about a decade ago were actually fairly common... but this is going to fall on Republican senators."

• Susan Davis [12:10]: "The Constitution does give the power to the president to both convene and adjourn the Senate if the two chambers are in disagreement."

• Kerry Johnson [13:00]: "This could set up a constitutional crisis. The president is in conflict with Congress and who gets to decide that question? The Supreme Court must decide that question."

This comprehensive summary encapsulates the key discussions and insights from the podcast episode, providing clarity on the challenges President-elect Trump faces in confirming his Cabinet nominees and the broader constitutional implications.