Podcast Summary: What a Day – "Can Trump Really Bypass Senate To Fill His Cabinet?"

Released on November 21, 2024 by Crooked Media

In this insightful episode of "What a Day", host Jane Coaston delves into the controversial topic of former President Donald Trump's strategy to bypass the Senate in filling his cabinet positions. Through in-depth discussions and expert analysis, the episode unpacks the mechanics, implications, and potential challenges of Trump's proposed use of recess appointments.

1. Trump’s Cabinet Nominations: A Reality TV Parody

Jane Coaston opens the episode with a critical take on Trump's recent cabinet nominations, likening the process to a reality TV show gone awry. She highlights three key appointments:

• Linda McMahon as Secretary of Education
  Timestamp: [00:45]
  Jane Coston: “Late Tuesday night, Trump picks Linda McMahon, the former chief executive of World Wrestling Entertainment, to be his next Secretary of Education. Does she have a lot of hands-on education experience? No, but she did spend about a year on the Connecticut State Board of Education before two failed runs for Senate.”

• Matthew Whitaker as Ambassador to NATO
  Timestamp: [01:30]
  Jane Coston: “On Wednesday, he selected former Acting Attorney General Matthew Whitaker for the job. Does he have a foreign policy background? No. But in addition to his previous work in the Justice Department, he did help run a scam hawking toilets for well endowed men.”

• Howard Lutnick as Commerce Secretary
  Timestamp: [02:00]
  Jane Coston: “Trump's pick for Commerce Secretary, Howard Lutnick, a billionaire former finance executive and Trump's current transition advisor. Trump said this week that Lutnick will, quote, lead our tariff and trade agenda, an agenda a lot of Republicans aren't really on board with because they don't like tariffs.”

Jane humorously questions the viability of these nominees passing through the Senate confirmation process, drawing a parallel to the unpredictability of a single episode of "Jeopardy."

2. Understanding Recess Appointments

To explore how Trump intends to bypass the Senate, Jane converses with Casey Burgitt, Director of the Legislative Affairs Program at George Washington University's Graduate School of Political Management.

• Definition and Historical Context
  Timestamp: [02:48]
  Casey Burgitt: “Within the Constitution, the president has appointment power... But there's also recess appointments written in the late 1780s for a time when there was no cars, no roads, really no Internet. So basically when the Senate was often more not in session than they were in session.”

Burgitt emphasizes that recess appointments were designed for an era with infrequent congressional sessions, allowing presidents to fill vacancies temporarily when the Senate is not in session.

• Historical Usage
  Timestamp: [03:35]
  Casey Burgitt: “Other presidents like Obama and Bush have used recess appointments, but never for cabinet-level positions. They were typically for lower-level appointments to keep government functions running smoothly.”

3. The Feasibility and Constitutionality of Trump's Plan

Jane and Burgitt delve into the specifics of Trump's plan to employ recess appointments for cabinet positions.

• Temporary Nature of Recess Appointments
  Timestamp: [04:20]
  Casey Burgitt: “They are temporary, not supposed to be. They exist until the next Senate session expires. They have all the powers of the office, but they are recognized as recess appointees and are not eligible for the same pay as confirmed secretaries.”

• Potential Legal Challenges
  Timestamp: [05:34]
  Casey Burgitt: “If Trump tries to adjourn Congress to facilitate recess appointments, it could lead to constitutional challenges. Democrats are likely to object and take the matter to the courts, potentially up to the Supreme Court.”

Burgitt highlights the unprecedented nature of using recess appointments at the cabinet level and the probable legal battles that would ensue, questioning whether Trump can legitimately use this power for partisan gains.

4. Political Reactions and Senate Dynamics

The conversation shifts to the political landscape and the Senate's role in either supporting or opposing Trump's moves.

• Senate’s Potential Response
  Timestamp: [07:17]
  Casey Burgitt: “With a united Senate majority, Trump might push forward with his agenda. However, Democrats are expected to fiercely oppose any attempts to sideline the Senate, leading to a significant power struggle.”

• Party Loyalty and Institutional Checks
  Timestamp: [07:52]
  Casey Burgitt: “Trump is essentially testing the loyalty of his own party members in the Senate. If Republicans in the Senate stand by traditional processes, they can act as a check on Trump's use of recess appointments.”

Burgitt remains cautiously optimistic, noting that initial reactions from Senate Republicans indicate reluctance to undermine institutional checks, but warns that sustained pressure from Trump could change dynamics.

5. Broader Political Implications and Additional News

Beyond the main topic, the episode touches on several other political developments:

• Matt Gaetz’s Nomination as Attorney General
  Despite allegations of sexual misconduct, Trump continues to support Gaetz's nomination. Leaked reports and internal Republican maneuvers suggest significant contention within the party regarding Gaetz’s suitability.

• Texas’ Offer to Trump for Deportation Facilities
  Texas has offered thousands of acres of land to the Trump administration to facilitate mass deportations. This plan faces opposition from Democrats and even some Republicans, exemplifying the contentious nature of Trump's immigration policies.

• House Speaker Mike Johnson’s Transgender Bathroom Ban
  Johnson announced a ban on transgender individuals using bathrooms that align with their gender identity within Capitol and House office buildings, sparking debates on civil rights and discrimination.

• Louisiana’s Ten Commandments Classroom Display
  Republican Governor Jeff Landry’s bill mandating the display of the Ten Commandments in public school classrooms has been blocked by courts due to separation of church and state concerns. The episode discusses the legal and cultural ramifications of this move.

6. Expert Analysis and Concluding Thoughts

Throughout the episode, Casey Burgitt provides nuanced insights into the constitutional framework and political strategies at play. His analysis underscores the complexity of Trump's approach to bypassing traditional Senate confirmations and the potential long-term impacts on American governance.

• Constitutional Boundaries
  Timestamp: [06:32]
  Casey Burgitt: “There’s a possibility that the Supreme Court will have to weigh in on whether the President’s use of adjournment power for recess appointments is constitutional.”

• Institutional Stability
  Timestamp: [08:28]
  Casey Burgitt: “Ignoring 200 years of institutional processes poses significant risks to the stability and balance of power within the government.”

Jane Coaston concludes the discussion by expressing concern over the current political maneuvering, emphasizing the need for vigilance in upholding democratic norms and processes.

Notable Quotes

• Casey Burgitt: “They are temporary, not supposed to be... They issue orders to their bureaucracies and they're going to follow them the same way they would a confirmed secretary.”
  [04:27]

• Casey Burgitt: “Trump is essentially testing the loyalty of his own party members in the Senate. If Republicans in the Senate stand by traditional processes, they can act as a check on Trump's use of recess appointments.”
  [07:52]

• Casey Burgitt: “These institutional processes have existed for over 200 years, but we've never talked about it until someone actually wants to use it for such explicit partisan ends.”
  [08:28]

Conclusion

This episode of "What a Day" provides a comprehensive examination of Donald Trump's potential strategy to bypass the Senate using recess appointments for his cabinet selections. Through expert interviews and detailed analysis, listeners gain a deeper understanding of the constitutional mechanisms, political risks, and broader implications of such actions on the American political landscape. Jane Coaston effectively navigates the complexities of the issue, offering both critical perspectives and informed foresight into the evolving dynamics of power within the U.S. government.