Justice Dept Says Recent Recess Appointments Legal By Pete Yost | Associated Press | 01/12/2012 Excerpts: WASHINGTON (AP) – “The Justice Department is publicly rebutting Republican criticism of the legality of President Barack Obama's recent recess appointments of a national consumer watchdog and other officials. The department released a 23-page legal opinion Thursday summarizing the advice it gave the White House before the Jan. 4 appointments. GOP leaders have argued the Senate was not technically in recess when Obama acted so the regular Senate confirmation process should have been followed. Assistant Attorney General Virginia Seitz wrote that the president has authority to make such appointments because the Senate is on a 20-day recess, even though it has held periodic pro forma sessions in which no business is conducted. Seitz argued the pro forma sessions - some with as few as one member present - have not been sufficient for the chamber to exercise its constitutional authority to advise and consent to normal presidential nominations. Senate Republicans have been using their ability to block or stall Senate confirmation of some regular nominees as a way to curb agencies they believe have taken or are poised to take actions they disagree with. On Jan. 4, Obama appointed Richard Cordray, a former attorney general of Ohio, to be the first director of the Consumer Financial Protection Bureau. Obama also appointed two Democrats and a Republican to the National Labor Relations Board that day. There was stiff Republican opposition to creating the new consumer agency, which was authorized in the financial regulation law, and Republicans have argued that the labor board has tilted toward unions under Obama's Democratic administration. The Justice official who wrote the opinion, Seitz, heads the department's Office of Legal Counsel, which is empowered to provide binding legal opinions to the executive branch. **Her new memo cites a Justice Department legal opinion from President George W. Bush's Republican administration in justifying Obama's recent appointments. The Bush administration opinion from 2004 says that a recess during a session of the Senate can meet constitutional requirements for permitting the president to make recess appointments as long as the recess is of sufficient length. Seitz noted that the last five presidents have made recess appointments during recesses of 14 days or less. In December, the Senate agreed to adjourn until Jan. 23 but to convene pro forma sessions in which no business was to be conducted every Tuesday and Friday. The Senate pro forma sessions in which no business was conducted, do not "in our opinion" interrupt the recess "in a manner that would preclude the president" from acting, Seitz wrote in her Jan. 6 opinion. Under a legal framework dating back nearly a century, recess appointments have been permitted when the Senate cannot receive communications from the president or participate as a body in confirming nominees. **The GOP's unsuccessful opposition to creating the consumer watchdog agency has turned into opposition to potential nominees to lead the office. Stiff Republican opposition headed Obama off from even nominating Elizabeth Warren, the interim official who helped set up the office, to be its permanent chief. There is GOP resistance as well to filling slots on the National Labor Relations Board that Republicans feel has become pro-labor under Obama. If Republicans keep enough slots vacant on the labor board, they can prevent it from acting at all. Last year with Obama in the White House, some Republican senators urged House Speaker John Boehner, R-Ohio, not to pass any resolution that would allow the Senate to recess or adjourn for more than three days. The Constitution provides that neither the House nor the Senate shall adjourn for more than three days without the consent of the other. No concurrent resolution of adjournment has been introduced in either chamber since May of last year.” read full article: http://netscape.compuserve.com/news/story.jsp?idq=/ff/story/1001/20120112/3043.htm ..... It is hypocritical for the republicans/Mod removed flamebait to criticize President Obama’s appointing of Richard Cordray while Congress was not in session. After all they had resisted the formation of the agency, and the appointment of a director to that agency thus holding up the carrying out of its duties until it had its director. Ex-president GW Bush’s Justice Department issued a binding legal opinion which was cited by the Obama Chief Legal Counsel Seitz, in which Bush’s counsel said: “The Bush administration opinion from 2004 says that a recess during a session of the Senate can meet constitutional requirements for permitting the president to make recess appointments as long as the recess is of sufficient length.” Congress is in recess from December 23rd thru January 23rd for an extended holiday after obstructing antics for months, and getting paid for achieving nothing. Congrats to President Obama for achieving what the republican/Mod removed flamebait element in Congress refused to do.
The Bush administration opinion" all you need to know. Opinion. You are using the opinion of one tyrant to support another tyrant. It would be comical if it wasnt so sad. This country is doomed.
Obama's recess appointments could be in trouble... Obama's recess appointments might not hold up in court 01/18/12 : Some legal experts, including those who have sided with President Obama on other constitutional issues, think there is a good chance the courts could overturn his recent recess appointments.
You think it means something when obama's justice dept says that something Obama did is ok? Now, that's funny.
Spoiler alert! The Obama Justice Department says Obama recess appointments legal. Obama agrees. This also just in...drunken frat boys say the antics of drunken frat boys are hilarious and epic! Other drunken frat boys agree.
The reason republicans oppose the apoiuntments is because now the Consumer protection agency can start cracking down on mortage fraud. You see republicans want banks to be able to lie and defraud Americans
The "Justice" Department doesn't have the authority to comment on the Constitutionality of Obama's "recess" (as they really weren't) appointments.
Boy, Agent just keeps finding these shocking articles. What's next? Himmler agreed with hitler on the Final Solution? And, the DOJ is opposed to Voter IDs and in favor of Voter Intimidation by the NBPP. Shocking, I know.
So then, Bush gets a guy at the Justice department to write a memo saying that torture is legal, and that is all the right wing needs to support chaining innocent people to ceilings and beating them to death slowly over a week. You know the justice department said it was OK. But when the justice department says it is OK to make a recess appointment when the minority in congress tries to claim for the first time in history that they can keep the senate open by banging a gavel for 30 seconds every 3 days, that is a load of BS.... More republican hypocrisy. Got it.
Why would anyone pay any heed to what Obama's justice department says about Obama's unconstitutional activities? It's like asking Congress to grade itself on it's performance. Better yet, asking Obama to grade himself.
Sorry. You missed the memo. Tortue was redefined by liberals to include making rude comments about someones mother or having a woman rub her breats on a prisoner. The chaining innocent people to the ceiling has been pretty much left to the left wing dictators.
