House Speaker Mike Johnson indicated openness to considering recess appointments to facilitate confirmations for President-elect Donald Trump's Cabinet nominees, a move that could bypass the traditional Senate approval process.
"We're in a time of very divided government and a very partisan atmosphere in Washington," Johnson said during an interview on "Fox News Sunday." He added, "I wish it were not. I wish the Senate would simply do its job of advise and consent and allow the president to put the persons in his Cabinet of his choosing. But if this thing bogs down, it would be a great detriment to the country, to the American people."
Recess appointments, which allow a president to temporarily install officials without Senate approval while Congress is adjourned, are a contentious move. Johnson acknowledged, "We'll evaluate all that at the appropriate time, and we'll make the appropriate decision. There may be a function for that. We'll have to see how it plays out."
To enable recess appointments, both the House and Senate would need to adjourn for a period of at least 10 days. Traditionally, both chambers have held pro forma sessions during recesses specifically to prevent presidents from making such appointments. The issue is politically sensitive and could ignite a broader debate about the balance of power and the Senate's role in advising and consenting on nominations. House Minority Leader Hakeem Jeffries expressed strong opposition to the potential use of recess appointments, stating on NBC News' "Meet the Press," "If Republicans try to bypass the usual Senate confirmation process, we will work very closely with our Senate Democratic colleagues. I have great trust and respect in [Senate Majority] Leader Chuck Schumer and [Senate Judiciary Committee Chairman] Dick Durbin to make sure that no end runs can be done."
Johnson's comments come at a critical juncture as Senate Republicans, led by newly elected Majority Leader Sen. John Thune, consider how to handle the confirmation process. Thune has not ruled out recess appointments, stating that "all options are on the table."
Sen. Markwayne Mullin echoed a similar sentiment, calling recess appointments a "last resort" but conceding, "If that's what we have to do to get the confirmation through, then absolutely, let's do it. But I would say that would be the last option." The potential move has reignited a debate over executive power, with critics arguing that such a strategy would inflate presidential authority at the expense of legislative oversight.
President-elect Trump has made controversial picks for key positions, with former GOP Rep. Matt Gaetz being one such nominee under intense scrutiny. Gaetz, who resigned from Congress following his nomination, has faced allegations related to an investigation by the House Ethics Committee over claims of sexual misconduct involving a 17-year-old girl. Gaetz has denied any wrongdoing.
Regarding the ethics report on Gaetz, Johnson reiterated that he believes it should not be released publicly, stating, "What I have said with regard to the report is that it should not come out, and why, because Matt Gaetz resigned from Congress. He is no longer a member. There's a very important protocol and tradition and rule that we maintain that the House Ethics Committee's jurisdiction does not extend to nonmembers of Congress." Johnson further emphasized that the Senate should conduct its own vetting process without relying on an incomplete or draft report from the House Ethics Committee.
The possibility of recess appointments has added another layer of complexity to an already polarized political landscape. Johnson remains hopeful that the Senate will fulfill its role: "I am very hopeful, very hopeful, that the Senate will do its job, and that is, provide its advice and consent and move these nominees along."
