
This post was updated at 1:21 p.m. to reflect comment from House GOP Leadership.
President Obama's recess appointment of Consumer Financial Protection Bureau director Richard Cordray could create another internal headache for Republican leaders in the House, many of whose members want to pick a public fight with Democrats over the controversy.
Scores of House Republicans have signed on to a non-binding resolution disapproving of Obama's four winter recess appointments -- Cordray, and three members of the National Labor Relations Board -- all fodder for conservatives, who are furious about the existence of these agencies, let alone the recess appointments themselves.
"It's astounding to me that the president is claiming these are recess appointments and within his authority, when Congress was not in fact in recess," said Rep. Diane Black (R-TN) who authored the resolution. "These appointments are an affront to the Constitution. No matter how you look at this, it doesn't pass the smell test. I hope the House considers my resolution as soon as we return to Washington so we can send a message to President Obama."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Despite making several key, contentious recess appointments since Congress left town, the Obama administration is still operating with scores of vacancies, including an unexpected hole at the top of the Office of Management and Budget.
But their options for filing those vacancies are likely limited, unless President Obama is willing to dial his use of the recess appointment power up even further.
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The freshly recess-appointed head of the Consumer Financial Protection Bureau dismissed concerns about the legitimacy of his recess appointment, and says he'll discharge his duties as the nation's top consumer watchdog as if he'd landed in the director's chair in a less contentious way.
"I have been appointed as the director of the Bureau," Cordray said at a Brookings Institute event Thursday. "It's a valid appointment. But I will leave those details to others."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Today was the day that legal experts and many aides in both parties thought President Obama would provide a recess appointment to Richard Cordray, his nominee to administer the new Consumer Financial Protection Bureau.
The rationale is quite technical, but here's the bottom line: one reading of the Constitution and of executive branch administrative law suggest that today is Obama's last day to recess appoint any of his languishing nominees, at least until the next time the Senate leaves town several weeks from now.
But a senior administration official who would not be quoted told reporters at a White House background briefing Tuesday that Obama will not take advantage of that opening.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)President Obama hasn't used his recess appointment power very often. But he didn't hesitate to install Donald Berwick as the administrator of the Center for Medicare and Medicaid Services without Senate confirmation over a year ago, to lead the implementation of the new health care law. Berwick's has, without a doubt, been Obama's most important recess appointment, and his most effective. But he will step down early next month -- a few weeks before his term expires -- because filibustering Republicans continue to deny him an up or down vote.
The GOP claims its opposition is rooted in Berwick's past praise of Britain's state-run National Health Service. But his powers as CMS administrator obviously stop well short of socializing the United States health care system. So what gives?
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As Republicans have stepped up their attempts to prevent Elizabeth Warren's confirmation as head of the Consumer Financial Protection Bureau, Democrats and progressives are building steam behind their call for President Obama to go around the GOP's obstruction.
In the past week, the number of Democratic lawmakers who have signed a letter calling on Obama to use his recess appointment powers to install Warren at the head of the newly-created CFPB has more than doubled from the 36 who were on the list last week.
The formal announcement of the new number of signatories -- which is expected to include some members of House Democratic leadership -- will come at a Capitol Hill press conference on Thursday. Progressive groups are already calling the amped up recess appointment support a victory for their pro-Warren grassroots organizing efforts.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)With Louisiana Sens. Mary Landrieu (D) and David Vitter (R) blocking a vote on the confirmation of Jack Lew, President Obama's pick to lead the White House budget team, speculation ran rampant this week that Obama might offer Lew a recess appointment.
Well, that won't be happening.
Last night, Senate Majority Leader Harry Reid decided he'd hold multiple weekly pro-forma Senate sessions during the election-season recess, which will prevent Obama from legally recess appointing his stalled nominees. The reason, according to top Democratic and Republican aides has nothing to do with recess appointments per se, but rather with protecting the rest of Obama's executive and judicial nominees.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)There are only a few days left until Congress returns to session, and that means President Obama faces a deadline, of sorts, if he wants to quickly fill vacancies in his administration. Obama has until the beginning of next week to offer recess appointments to nominees or expected nominees to positions that typically require Senate confirmation.
Highlighting the progressive angst about Obama's general unwillingness to exercise his recess appointment power are new website ads, produced by the Progressive Change Campaign Committee, pressuring him to give Elizabeth Warren the top slot at the Consumer Financial Protection Bureau.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Senate Banking Committee Chairman Chris Dodd cast more doubts this afternoon about whether Elizabeth Warren could garner enough votes to head the newly created consumer financial protection bureau, one day after White House Press Secretary Robert Gibbs called her "very confirmable."
"I don't know, that's the question, how does he know that?" Dodd said in response to a question from TPMDC on his way in to the Democrats' weekly policy lunch.
"She's qualified, no question about that. The question is whether she's confirmable," Dodd added. "The issue is [if] you can't confirm somebody, if you go six or seven months without someone in that job, you've got a problem."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)Last night, President Obama announced his fifteenth recess appointment: Dr. Donald Berwick, who will serve as Administrator of the Centers for Medicare and Medicaid Services. Berwick is a pediatrician, Harvard professor and head of the non-profit Institute for Healthcare Improvement by day and, if the Republican reaction is any guide, the man who will institute health care rationing and kill the elderly at night.
Not sure why it's such a big deal that the President finally put someone, or even Berwick, in charge of administering Medicare, Medicaid and the Children's Health Insurance Program after four years of our government tolerating a rudderless agency? The Republicans have answers for you.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)The GOP attacks on President Obama's decision to offer recess appointments to 15 stalled nominees--including labor lawyer Craig Becker, whose confirmation was successfully filibustered earlier this year--were swift, and predictably harsh. Senate Minority Leader Mitch McConnell called it "a purely partisan move that will make a traditionally bipartisan labor board an unbalanced agenda-driven panel."
This is hardly the first time that the opposition party has decried a President's decision to recess appoint nominees--Democrats were likewise furious at many of Bush's nods. But there important differences between the two episodes. Despite facing record obstruction, Obama has until now refused to use his recess appointment power, to the chagrin of many of his own supporters. By invoking his power, Obama's signaling to Senate Republicans that they can't delay or block him from staffing up his administration and expect to get away with it.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Jarrett On Health Care Reform: 'We Are Confident That The American People Will Support This. It's Good For Them'
Appearing on This Week, White House Senior Adviser Valerie Jarrett predicted that public opinion on the new health care law will improve: "There has been a lot of negative rhetoric that we've heard around the country. But what we are sure of is that this is as the American people begin to understand what's in this package...we are confident that the American people will support this. It's good for them. As you go around and you start talking about the individual components of this bill, we're seeing overwhelming support.
DeMint: Obama 'Mocking Americans Who Continue To Be Against This Bill'
Appearing on Face The Nation, Sen. Jim DeMint (R-SC) continued to push for repealing the new health care reform law. "All of us who believe in freedom in this country recognize that if this health care bill stands, it will not only destroy our health care system, we believe it will bankrupt our country. So to give up on repealing this bill will be giving up on our country, for me and, I think, for millions of Americans," said DeMint, who also added: "Bob, the president is mocking Americans who continue to be against this bill."
Obama: 'We're A Nation Still Capable Of Doing Big Things'
In this weekend's YouTube address, President Obama touted the achievements of the past week, with the passage of reforms to the country's health care system and student loan program.
"Education. Health care. Two of the most important pillars of a strong America grew stronger this week," said Obama. "These achievements don't represent the end of our challenges; nor do they signify the end of the work that faces our country. But what they do represent is real and major reform. What they show is that we're a nation still capable of doing big things. What they prove is what's possible when we can come together to overcome the politics of the moment; push back on the special interests; and look beyond the next election to do what's right for the next generation."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Obama Touts PAYGO Rule, Executive Order To Create Fiscal Commission
In this weekend's YouTube address, President Obama touted the return of the Pay-As-You-Go rule, compared to the policies of the previous administration that passed massive tax cuts while simultaneously creating a new drug program that wasn't paid for. And Obama confirmed that he is creating a bipartisan Fiscal Commission by executive order:
"Because in the end, solving our fiscal challenge - so many years in the making - will take both parties coming together, putting politics aside, and making some hard choices about what we need to spend, and what we don't," said Obama. "It will not happen any other way. Unfortunately this proposal - which received the support of a bipartisan majority in the Senate - was recently blocked. So, I will be creating this commission by executive order. After a decade of profligacy, the American people are tired of politicians who talk the talk but don't walk the walk when it comes to fiscal responsibility. It's easy to get up in front of the cameras and rant against exploding deficits. What's hard is actually getting deficits under control. But that's what we must do."
Graham: Civilian Terror Trials Compromise Intelligence, Help Bin Laden
In this weekend's Republican address, Sen. Lindsey Graham (R-SC) criticized the Obama administration's decision to try Khalid Sheikh Mohammed and other terrorists in civilian criminal courts, instead of military commissions. Graham said that the 1995 Blind Sheikh trial, regarding the first World Trade Center bombing, compromised U.S. intelligence and aided Osama bin Laden:
"In the 1995 trial, because of civilian court rules, the government was required to disclose the identity of all known co-conspirators to the defense," said Graham. "One of the conspirators -- relatively obscure at the time -- was Osama bin Laden. Our intelligence services later learned this list made its way back to bin Laden tipping him off about our surveillance. A conviction was obtained in that trial, but valuable intelligence was compromised. The rest is history."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Republicans are questioning President Obama's heroic-sounding battle with Senate Minority Leader Mitch McConnell over the GOP blocking his nominees.
As we reported last night, the White House released a statement detailing what Obama told McConnell about obstructionism. Obama said he told McConnell in a meeting Tuesday if the holds weren't released he would use his power for recess appointments, and noted that 27 of his nominees were confirmed last night.
A Politico report takes it a bit further, detailing Obama's body language and noting the president was "forceful" with McConnell.
A Republican aide scoffed at the reports as White House "spin," adding that the confirmations last night were nothing unusual.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)WaPo: Obama To Help Select Location Of KSM Terrorism Trial
The Washington Post reports that President Obama will become involved in the selection of a site for trying Khalid Sheikh Mohammed: "Obama initially had asked Attorney General Eric H. Holder Jr. to choose the site of the trial in an effort to maintain an independent Justice Department. But the White House has been taken aback by the intense criticism from political opponents and local officials of Holder's decision to try Khalid Sheik Mohammed in a civilian courtroom in New York."
Obama's Day Ahead
President Obama will receive the presidential daily briefing at 9:30 a.m. ET, and the economic daily briefing at 10 a.m. ET. He will meet with senior advisers at 10:30 a.m. ET. He does not have any public events scheduled for today.
President Obama said tonight he went to Senate Minority Leader Mitch McConnell to say he would use recess appointments if Republican senators failed to release their holds on his nominees.
Obama said he spoke to McConnell (R-KY) Tuesday about the tactics used by his caucus, leading some GOPers to release their holds.
"This is a rare but not unprecedented step that many other presidents have taken. Since that meeting, I am gratified that Republican senators have responded by releasing many of these holds and allowing 29 nominees to receive a vote in the Senate," Obama said in a statement released tonight by the White House.
He decried that "a staggering 63 nominees had been stalled in the Senate" since the holds in many cases were "motivated by a desire to leverage projects for a Senator's state or simply to frustrate progress."
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