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The Recess Appointment(s) Obama Hasn’t Made

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President Baraack Obama (Mark Wilson/Getty Images)

A move by President Obama this week to proceed with a handful of recess appointments has top GOP leaders crying foul, complaining that the move is questionably legal because it ignores a clever procedural technicality used by Republicans to prevent such appointments.

But if the White House feels confident enough in the legality of its actions and has chosen to brave the political criticism and risk legal challenges, it's worth noting that it's only done so with four appointments. According to the White House, more than 180 nominees are currently pending before the Senate. And Ezra Klein, writing for the Washington Post, notes that there are empty seats on the Federal Reserve’s Board of Governors and at key banking regulators.

In particular, the Federal Housing Finance Agency, the regulator of Fannie Mae and Freddie Mac, has for years had an acting director who has opposed more aggressive help for homeowners facing foreclosure -- measures such as cutting mortgage debt for borrowers who owe more than their homes are currently worth, provided that doing so makes financial sense.

The regulator, Ed DeMarco, has opposed such measures on the grounds that FHFA’s mission is to protect the bottom line of Fannie and Freddie, which guarantee about half of the country’s mortgages. And yet he’s also defended the mortgage giants for giving millions in bonuses to top execs while they’re being propped up by taxpayers.

After some political pressure from lawmakers, DeMarco did sign on to a plan this fall that would allow more borrowers to access the Obama administration’s refinancing program, but it’s not clear how significant the expansion will be.

The Obama administration made an attempt to replace DeMarco with a permanent director in 2010, nominating a North Carolina banking regulator, Joseph Smith, for the job. Republicans blocked the nomination and Smith withdrew from consideration. The administration hasn’t tried again since. Getting DeMarco removed and replaced by another acting director within the agency isn’t easy, either.

But so far, the White House has stayed mum on whether any more recess appointments will be made. As we’ve noted, so far most of its programs to help homeowners have floundered -- whether they be loan mods, loans to jobless homeowners, or funding for state-level programs to fight foreclosure. We’ve asked the White House for comment and will update when we hear back.

The questions being asked right now in Washington, however, aren’t about why the administration hasn’t done more.

Republicans, following the lead of their Democratic counterparts under the previous administration, have been trying to block President Obama from making recess appointments by holding what are known as “pro forma” sessions, as we explained in August. The sessions sometimes last for less than a minute and are held every three days to keep Congress technically in session -- even while for all practical purposes, most lawmakers are back home and on recess.

The White House has argued that the appointments were necessary to keep key agencies functional, and that the “pro forma” sessions are essentially a gimmick. Republicans, meanwhile, have accused the White House of an “entirely unprecedented power grab.”

Michael Grimaldi

Jan. 6, 2012, 3:02 p.m.

Haven’t Republican presidents made recess appointments in years past when the Democrats controlled Congress?

Stephanie Palmer

Jan. 6, 2012, 3:28 p.m.

If the Republicans and some Democrats want to hold up Obama’s selection of administrators, who cares? They say no all the time, and take our taxpayer money for saying it. We could have hired 2 year olds for the work that those yahoos have accomplished.  It’s astounding to me that these creeps don’t remember their presidents doing the same exact thing. What a bunch of hypocrites. At least something may actually get done for a change. Besides, why on earth would they object to an appointee whose only job is protecting the consumer? Who the heck do they think put them in office?

Recess appointments can only be made when Congress is NOT in session. Congress has been in session, technically. The Constitution doesn’t matter to Obama and/or Holder. They’ll continue to do only what they want to do.

Come on, Terry Nelson, Congress is not actually in session—it’s clinging to a technicality agreed to in the Bush years to prevent dozens of recess appointments. Someone turns the lights on for a minute then leaves. Though arguably, these “recess sessions” are getting at least as much accomplished as the anti-government House and the can’t-lift-a-finger-without-a-supermajority Senate.

@ Terry Nelson: not only what *they* want to do—I want them to do it, too.

Walter D. Shutter, Jr.

Jan. 6, 2012, 3:56 p.m.

“Republicans, following the lead of their Democratic counterparts under the previous administration, have been trying to block President Obama from making recess appointments by holding what are known as “pro forma” sessions…”

My God, man! Are you saying that the Republicans are now doing to the Obama administration what the Democrats did to the Bush administration?  WTF! That is just so unfair!

Not only have the Rethug members of The House stuck it to Obama, they have stuck it to all of “THE PEOPLE” in these United States of America.When in the beginning of this so called Congress of 2011 came into power, Sentaor McConnell said his mission was to prevent THE PRESIDENT OF OUR UNITED STATES from re-election. Now what numbnuts can say they haven’t heard that one?

Paula Chilcoat

Jan. 6, 2012, 4:18 p.m.

Terry, if you have a credit card balance, a home load, a bank account this will affect you.  You the there to be someone at the head of this department that was set up to help you.  You the consumer.  You need to pay closer attention to what is going on.

George Bush made 15 recess appointments. Re: Walter D. Shutter’s comments, the Democrats during the Bush Administration weren’t nearly as obstructionist. The fact is, the Republican Party is trying to destroy modern America and bring back a Victorian England-style of ‘government.’

A very complex issue and there will be no quick and easy fixing solutions to it as reality involves countless homeowner’s habit changing process -especially in terms of credit, spending etc. Not pumping more money but time will help make the adjustment.

I have engraved inside my skull Mitch McConnell making it his mission to assure Obama served only one term.  I have always been a registered independent; the stunts Congress pulled to ensure this goal—to stop any constructive solution and then blame the President—are enough to make me a Democrat.
They’ve earned their 8% approval.

Let me get this straight: the Republicans in Congress set up their own way of being in session while they’re not in session, and hold up 180 appointments so that they have something to hold session with? And they have the audacity to cry unfair to the President of the United States for fulfilling his job? They’ve got some nerve! I’m glad President Obama made those four appointments, let’s hope he gets in all 180 before Congress really comes back! He called their bluff, he’ll win this battle!

It’s always a pleasure to watch the self-righteous self-destruct on issues they have no real interest in other than to impose their will on others.  The melodrama, the comedy, the theater - all played in $2,000 Italian suits - is priceless.  They’re no more interested in protecting the people who elect them than they are the country they live in so long as they can dominate the stage.  It looks like the elections of 2012 will be another “crashed and burned” debacle as more dunces are bounced out on their pointed hats atop their pointed heads.  Last time it was a Tea Party.  This time is will be Beer Bash as those prissy Tea drinkers get toppled from their high horses.

Walter D. Shutter, Jr.

Jan. 6, 2012, 6:02 p.m.

Re:  Andy’s comment of about 50 minutes ago:

Yo, Andy, it was Prez Obama who made 15 recess appointments-up to now.  He just made 4 more for a grand total of 19. 

Prez Clinton made 139 recess appointments.

Prez Geo. W. Bush made 171. WTF!

So the Democrats weren’t really so obstructionist during the Bush administration?

Obama & his band of progressives will do as much as Americans will let them get away with, NDAA is un-constitutional & most the crap he & Bush & Clinton did in the Name of Security was all made to let them act as a KING. Well King Obama & he band of progressive bankers, zcars & just plain old agents of the bankers know what makes them money, War!

You missed the show yesterday. Pelosi and a few other Dems stood in the Senate asking where the Republicans were. Nancy said she and here fellow Senators were ready to negotiate the differences between the House and Senate on the Payroll Tax Holiday Bill, but could not “find” any Republicans in town to talk with. Funny!

Funny! Yes, funny are the most of the human interactions, as long as no one gets killed by a human or a groups of humans.
The too old styled mankind killing politics in the name of God by the advisers of any of the parties of Semitic Orgins such as Iranians, Saudi-Arabians etc. will never going to go un-noticed and un-addressed by the New Generation of Collective Global public. It’s time for intelligent New Kind of US and Global politics without weapons of Wars.
Playing non-violent funny games is Okay.
The Cosmos’ Creator or religion-less God is blame-free even when killings are commmited through non-human, natural creations such as unpredictable Tsunami, new bacterial epidemic etc.
These have and will always destroy partial mankind somewhere and humans can do nothing but when killings are commmited through creations such as some super stupid dumb-human heads in power the closely interconnected Global public now can do something and that is why Global uprisings will contunue for a long time until religious-type old politics are replaced. For this reason, still there will be no peace in the lands of today’s Egypt, Libya, Palestine, Israel, India, Bangladesh etc..
Each of us -the wise Westerners, despite our financial hardship, have to get used to enjoying life without luxury for a while and try to have fun in the apparently endless game of living life. A truly Cosmic gift of the forever mysterious cruel (in the human sense of understanding) and loving Creator.

Clinton made 139 recess appointments, 95 considers full time

Bush II made 171 recess appointments, 99 considered full time

Obama has made 28 recess appointments as of March 2011, 28 considered full time

Link for additional info:

http://www.senate.gov/CRSReports/crs-publish.cfm?pid=‘0DP+PW; P

Spell checked copy, with a little more of explanations:

Please believe in facts and you have nothing to lose by doing it!

Funny! Yes, funny are the most of the human interactions, as long as no human gets killed by another human or a groups of humans.
The too old styled mankind killing politics in the name of God by the advisers of any of the parties of Semitic Origins such as Iranians, Saudi-Arabians, Palestinians, Lebanese, Pakistanis, Afghans etc. will never going to go un-noticed and un-addressed by the New Generation of Collective Global public.

It’s time for intelligent, New Kind of US and Global politics without weapons of Wars.
Playing non-violent funny games is Okay as developments for betterment of the mankind -all over the World, is to continue simultaneously.

The changing process will be slow but someone(s) have to start it to be continued for decades and only a few wise heads like Mr. Obama, now understand how the violent reality can become peaceful and of course, by a slowly developing process of digitally identifying and confining the bad guys -a very small percentage of the Global populace including ‘a beggar on the global street or a king inside a palace’.


The Cosmos’ Creator or religion-less God is blame-free even when killings are committed through non-human, natural creations such as unpredictable Tsunami, new bacterial epidemic etc.
These have and will always destroy partial mankind somewhere and humans can do nothing but *the exception is: when killings are committed through creations such as: some super-stupid, dumb-human-heads in power; because the closely interconnected Global public now can do something and that is why Global uprisings will continue for a long time until religious-type old politics are replaced by a new fittest kind for this digital era.

For this reason, still there will be no peace in the lands of today’s Egypt, Libya, Palestine, Israel, India, Bangladesh etc.. The non-violent wars of protests will continue from inside e.g. For Saudi-Arabia, its own Public and not Outsider: Israeli Public.

The old style media propaganda won’t work anymore as ‘the electronic social networks with daily true facts’ are becoming replacements. Even attempts to start a “Third World War -will become a matter of idiots’ conspiracy” in the eyes of collective ‘evolved Global Public’.
Each of us -the wise Westerners, despite our financial hardship, have to get used to enjoying life without luxury for a while and try to have fun in the apparently endless game of living *Life -A truly Cosmic gift of the forever mysterious, cruel (in the human sense of understanding) and *Loving Creator.
     

Shahislam

@ Hal That is funny.  But the irony is the GOP is as useless when they are physically present as they are when they are virtually present.  Except for the sounds from their echo chamber when they return, there is no difference.  I can read polls and these clowns are headed for a fall in 2012 because of their transparently stupid obstructionism.  McConnell needs to get out more and talk to people besides the idiots who surround him.  He looks like someone doing a lame impression of himself every time he gets behind a microphone.  Even Charles Krauthammer is mad at the silly tactics of self-important Tea Party fools who are handing the next election to the President.

Was not Bush the Recess Appointment Queen?

Walter D. Shutter, Jr.

Jan. 7, 2012, 5:02 p.m.

Yes, Bush was indeed the “Recess Appointment Queen.”  And why was he the Queen? Because the Democrats, who controlled the Senate at the time (and still do, by the way) would not confirm his appointments. Indeed,, the Senate Democrats during the Bush administration ALSO began the practice of holding “pro forma” sessions of the Senate to presumably prevent President Bush from making recess appointments.  Obviously that tactic was less than successful as all acknowledge Bush as the Queen of recess appointments. 
The point I am trying to make here is that the Democrats are complaining about the use of a political tactic that they initiated in the Bush administration.  Their hands are not clean in this matter;thus their whining is hypocritical and pathetic.

Yep, I remember and agree. The Democrats did try blocking his appointments. I also remember how egregious and smarmy those, generally unqualified, appointees were.

What else ya got?

Walter D. Shutter, Jr.

Jan. 8, 2012, 5:49 a.m.

I got two things from Wikipiedia:

1.  The number of recess appointments made by Prez Obama, including the four most recent ones, now stands at 32, not 19 as I previously said.

2.  The recess apppointment Queen is Ronald Reagan with 240, not George W. Bush with only 171.

Yay.  President appoints yet another industry guy into a position of public trust and two parties lay blame on each other for the selling out of govt to moneyed interests.

If repubs really didn’t want to have him appointed, they would try to remove him.  Instead, they are posturing this as precedent which they will in turn use to ignore their rules and further sell out the public while blaming the other guy.

How some per-forma govt for a change?

Eric, you hit the nail square on the head.

This is a dog-and-pony show to polarize the people.  Obama gets sympathy from the Democrats for having to work under inconvenience (gosh, I’m glad I never have people blocking MY work for no good reason…).  The Republicans get cheers from their fanbase for blocking that no-good leftie’s appointments.  And the same people get appointed while nobody’s looking, so industry wins while we bicker over whose team will win the big game.

And don’t forget signing the NDAA.  Obama can’t figure out how to appoint people to run the bureaucracy, but signing a law that allows for indefinite incarceration of Americans with no due process?  Oh, that he’ll make time for.  And I’m sure the explicitly irrational support for SOPA and PIPA comes more from killing Wikileaks than protecting Hollywood.

The core issue is that all of us love this country and its principles of government, while the current elected officials somehow do not, no matter what ideology they claim to adhere to.  Stopping them should become a priority and soon.

Michael Schmidt

Jan. 10, 2012, 7:55 p.m.

Perhaps not the fairest piece of investigative reporting here.  Harry Reid invented pro forma sessions as a way to block Bush recess appointments.  At that time, Obama was serving in the Senate (at least pro forma, as he was actually running for President).  Now that Obama has overridden the pro forma session, Reid supports him.  An interesting, unprincipled about-face.  Similarly, Pelosi is happy to see Obama grab more power for the executive branch, although I suspect she will complain mightily if a Republican President acts the same way.  Second, Congress actually did some work during the recent pro forma sessions.  Third, the “recess appointment” provision was written because Congress used to be part-time and the President needed the ability to make emergency appointments when Congress wasn’t in session.  If pro forma sessions are a “gimmick”, using emergency recess appointment powers circumvent Congress is also a “gimmick”.  Fourth, if you want to make partisan accusations against the GOP for chicanery, please recall how Obamacare was passed.  Fifth, these questionable appointments will trigger lawsuits the minute the agencies make any decisions.  Finally, I take issue with the accusations that the GOP is “doing nothing”; blocking this far-left administration is a worthy endeavor.

With a decade-long empty government coffer (negative balance sheet for credits) a benevolent dictator could now make better adjustment of the Left and Right things. Lots of regulations need to be modified and not by malfunctionning old heads but by the sprit and opinions of today’s younger generations using inexpensive, easy and accurately precise digital tools.

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