House Speaker Mike Johnson finds himself at the center of a political and constitutional clash as several House Republicans prepare to block President-elect Donald Trump's potential use of a recess appointment to install former Representative Matt Gaetz as Attorney General, according to a new Axios report.
For Trump to use a recess appointment, both chambers of Congress must be in disagreement about adjourning, a scenario outlined in Article II, Section 3 of the Constitution. This would allow Trump to force a congressional recess. However, Johnson's ability to secure a House recess vote is uncertain, as even a small number of GOP defectors could derail the process.
"Trump is convinced that Johnson is on board," explains Axios. "But Johnson can only afford to lose two or three lawmakers on a vote to go into recess."
Johnson has expressed mixed views on the broader issue of recess appointments before. In an interview with Shannon Bream on "Fox News Sunday," Johnson did not commit to whether he would support them, as Politico reports:
"Listen, I believe in the principle of a new president being able to choose his team and that used to not be a controversial notion. I wish the Senate would simply do its job of advice-and-consent and allow the president to put the persons in his Cabinet of his choosing. But if this thing bogs down it will be a great detriment to the country, to the American people. We will evaluate all of that at the appropriate time and we will make the appropriate decision. There may be a function for that, we will have to see how it plays out"
Adding to the complexity, Johnson has come under fire for intervening in a related controversy, after he requested the House Ethics Committee not release its report on allegations of sexual misconduct against Gaetz, as reported by the Associated Press.
Johnson defended his request by citing House precedent, which limits the committee's jurisdiction to sitting members. However, critics argue the report is crucial for the Senate Judiciary Committee's vetting of Gaetz's nomination.
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