President-elect Donald Trump’s nomination of former U.S. Rep. Matt Gaetz of Florida to be his attorney general sent shockwaves throughout Washington. Should Trump decide to sidestep Congress and install Gaetz through a recess appointment — as some are suggesting he might — a fierce legal battle could ensue, says Dan Urman, director of the law and public policy minor at Northeastern University, who teaches courses on the Supreme Court.
Prior to the election, Trump had demanded that Republican congressional candidates agree to “recess appointments,” according to CBS News. The “recess appointments clause” in the U.S. Constitution gives the president the power to make appointments when Congress is not in session.
