Anonymous ID: cc2dfb Dec. 13, 2017, 7:50 p.m. No.92440   🗄️.is 🔗kun   >>2444 >>2451 >>2467 >>2502 >>2519

BREAK, another anon commented about this on the previous thread. I concur, the BREAK is about recess appointments. "In the United States, a recess appointment is an appointment by the President of a federal official, who would normally require Senate confirmation, if it is made “during the recess of the U.S. Senate”. To remain in effect, a recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again; in current practice this means that a recess appointment must be approved by roughly the end of the next calendar year."

https:// en.wikipedia.org/wiki/Recess_appointment

Anonymous ID: cc2dfb Dec. 13, 2017, 7:54 p.m. No.92475   🗄️.is 🔗kun

>>92451

"In January 2012, President Obama made four recess appointments during a three-day recess between pro forma sessions of the Senate on January 3 and January 6, 2012, a period that was generally considered too short to permit recess appointments. The recess during which the President made the appointments was part of a period of Senate absence that, absent the pro forma sessions, would have constituted an intrasession adjournment of 10 days or longer.

 

In an opinion regarding the lawfulness of these appointments, the Office of Legal Counsel at the Department of Justice argued that “the President may determine that pro forma sessions at which no business is to be conducted do not interrupt a Senate recess for the purposes of the Recess Appointments Clause.” The U.S. Supreme Court later concluded otherwise in a case regarding three of the four appointments. It held that, for purposes of the Clause, “the Senate is in session when it says it is, provided that, under its own rules, it retains the capacity to transact Senate business.” The three recess appointments at issue were found to be constitutionally invalid."

Anonymous ID: cc2dfb Dec. 13, 2017, 7:56 p.m. No.92485   🗄️.is 🔗kun   >>2492

There was a Supreme Court case involving Obamas appointments to the NLRB https:// www.washingtonpost.com/politics/supreme-court-rebukes-obama-on-recess-appointments/2014/06/26/e5e4fefa-e831-11e3-a86b-362fd5443d19_story.html?utm_term=.6096d72fe7f7

Anonymous ID: cc2dfb Dec. 13, 2017, 7:58 p.m. No.92492   🗄️.is 🔗kun

>>92485

"“The Senate is in session when it says it is,” Justice Stephen G. Breyer wrote for the court, stressing that if the Senate is able to conduct business, that is enough to keep the president from making recess appointments.

 

But the court stepped back from handing Obama — and those who will follow him in the Oval Office — a more substantial loss. A bare majority of the justices upheld, in theory at least, the president’s ability to make recess appointments when the Senate is indeed on extended break, saying history weighs in favor of a broad power.

 

The decision comes at a time when Republican opposition to the president’s policies and Obama’s vow to bypass a gridlocked Congress by using his executive powers have consumed Washington."

Anonymous ID: cc2dfb Dec. 13, 2017, 8:05 p.m. No.92528   🗄️.is 🔗kun   >>2552

>>92502

"Judge David B. Sentelle said the Constitution’s reference to “the Recess” means that appointments are allowed only during the recess between sessions of the Senate, not when the Senate is simply on a break such as a summer recess.

 

Additionally, the panel said the president has the authority to make appointments only to vacancies that arise during a recess, which would significantly limit a president’s ability to use the recess appointment power.

 

Although the Supreme Court justices were unanimous on the specifics of the NLRB episode, they were sharply divided on bigger questions.

 

Breyer and the court’s liberals, joined by Justice Anthony M. Kennedy, read the Constitution to give wide authority to the president to make recess appointments when the Senate was on any break of 10 days or longer." So what appointments can Trump make over the break? Judges perhaps?

Anonymous ID: cc2dfb Dec. 13, 2017, 9:03 p.m. No.92997   🗄️.is 🔗kun

>>92958

I believe so. I was wondering if it would in turn effect BHO's tweets which could unlock/implicate him in some way shape or form. It relates to Presidential Records Act