Trump holds Federal Vacancies Reform Act, threat of recess appointments, over Senate's head to get Matt Gaetz in as AG [View all]
Source: Law & Crime
Nov 19th, 2024, 1:58 pm
President-elect Donald Trump is reportedly holding the Federal Vacancies Reform Act of 1998 — a law that allows a legal maneuver used multiple times during his first presidency — over the heads of U.S. Senate members as he fights to get Matt Gaetz confirmed as attorney general.
On Monday, senators and sources close to Trump told CNN, Axios and the New York Times that he had been calling Senate members and GOP allies directly over the past week to ask for their support in his Gaetz crusade. Trump reportedly spoke with Republican leaders about using the FVRA to circumvent the Senate confirmation process for his cabinet picks, most importantly Gaetz, according to CNN.
“He clearly wants Matt Gaetz,” Sen. Kevin Cramer, R-N.D., told Axios after speaking with Trump over the phone. “He believes Matt Gaetz is the one person who will have the fearlessness and ferociousness, really, to do what needs doing at the Department of Justice.”
One source told CNN, “He is not going to back off. He’s all in.” According to the Times, Trump has demanded that incoming Senate majority leader John Thune be on board with his plans — reportedly telling him to allow recess appointments — after making threats to carry them out earlier this month.
Read more: https://lawandcrime.com/high-profile/he-is-not-going-to-back-off-trump-holds-federal-vacancies-reform-act-threat-of-recess-appointments-over-senates-head-to-get-matt-gaetz-in-as-ag/
Full headline: ‘He is not going to back off’: Trump holds Federal Vacancies Reform Act, threat of recess appointments, over Senate’s head to get Matt Gaetz in as AG
S.2176 - Federal Vacancies Reform Act of 1998
S. Rept. 105-250 - FEDERAL VACANCIES REFORM ACT OF 1998
(this apparently got rolled into some kind of reconciliation bill back then)
Some caveats about this -
Legal experts have had mixed opinions on the FVRA power play, with some believing it can be done and others scoffing at it.
“Trump could not use the FVRA now to appoint Gaetz AG,” said former federal prosecutor Barbara McQuade in an interview with Newsweek. “The FVRA limits appointees to first assistants, people already serving as presidential appointees, and senior career employees who have already served the past 365 days. Gaetz falls into none of those categories.”
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