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PoliticsDonald Trump

Trump demands Senate let him appoint cabinet nominees without a vote, bypassing confirmation process

By
Mary Clare Jalonick
Mary Clare Jalonick
,
Adriana Gomez Licon
Adriana Gomez Licon
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Mary Clare Jalonick
Mary Clare Jalonick
,
Adriana Gomez Licon
Adriana Gomez Licon
, and
The Associated Press
The Associated Press
Down Arrow Button Icon
November 11, 2024, 4:18 AM ET
Donald Trump sits with Susie Wiles as he attends the New York Jets football game against the Pittsburgh Steelers at Acrisure Stadium, on Oct. 20, 2024, in Pittsburgh.
Donald Trump sits with Susie Wiles as he attends the New York Jets football game against the Pittsburgh Steelers at Acrisure Stadium, on Oct. 20, 2024, in Pittsburgh.Evan Vucci—AP

Days before Senate Republicans pick their new leader, President-elect Donald Trump is pressuring the candidates to change the rules and empower him to appoint some nominees without a Senate vote.

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Republican Sens. John Thune of South Dakota, John Cornyn of Texas and Rick Scott of Florida are running in a secret ballot election Wednesday to lead the GOP conference and replace longtime GOP leader Mitch McConnell, who is stepping aside from the job after almost two decades. All three have courted Trump’s support in the race, vying to show who is the closest to the president-elect as they campaign to become majority leader.

Trump has not endorsed in the race, but on Sunday he made clear that he expects the new leader to go around regular Senate order, if necessary, to allow him to fill his Cabinet quickly. In a statement on X and Truth Social, Trump said that the next leader “must agree” to allow him to make appointments when the chamber is on recess, bypassing a confirmation vote.

“Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner,” Trump posted, adding that positions should be filled “IMMEDIATELY!”

The Senate has not allowed presidents to make so-called recess appointments since a 2014 Supreme Court ruling limited the president’s power to do so. Since then, the Senate has held brief “pro-forma” sessions when it is out of town for more than 10 days so that a president cannot take advantage of the absence and start filling posts that have not been confirmed.

But with Trump’s approval paramount in the race, all three candidates quickly suggested that they might be willing to reconsider the practice. Scott replied to Trump, “100% agree. I will do whatever it takes to get your nominations through as quickly as possible.” And Thune said in a statement that they must “quickly and decisively” act to get nominees in place and that “all options are on the table to make that happen, including recess appointments.”

Cornyn said that “It is unacceptable for Senate Ds to blockade President @realDonaldTrump ’s cabinet appointments. If they do, we will stay in session, including weekends, until they relent.” He noted that recess appointments are allowed under the Constitution.

The social media exchange on Sunday became a first test for the three candidates since Trump was decisively elected last week to a second term.

Trump’s relationship with Congress — especially the advice and consent role afforded to the Senate when it comes to nominations — was tumultuous in his first term as he chafed at resistance to his selections and sought ways to work around lawmakers. With Trump now entering a second term emboldened by his sweeping election victory, he is already signaling that he expects Senate Republicans, and by extension, their new leader, to fall in line behind his Cabinet selections.

Trump also posted on Sunday that the Senate should not approve any judges in the weeks before Republicans take power next year — a more difficult demand to fulfill as Democrats will control the floor, and hold the majority of votes, until the new Congress is sworn in on Jan. 3. Trump posted that “Democrats are looking to ram through their Judges as the Republicans fight over Leadership. THIS IS NOT ACCEPTABLE.”

With days to go, the race for Senate Republican leader is deeply in flux.

Thune and Cornyn are both well-liked, longtime senators who have served as deputies to McConnell and have been seen as the front-runners, despite past statements criticizing Trump. Scott — a longtime friend of Trump’s and fierce ally — has been seen as more of a longshot, but he has mounted an aggressive campaign in recent days on social media and elsewhere with the aim of getting Trump’s endorsement.

Senators who are close to Trump, such as Mike Lee of Utah and Marco Rubio of Florida, have endorsed Scott, as have tech mogul Elon Musk and other people who have Trump’s ear.

“We have to be the change,” Scott said on Fox News’ “Sunday Morning Futures.” “That’s what Donald Trump got elected to do, to be the change.”

All three candidates are promising that they will be more open and transparent than McConnell was and that they would give senators more power to get their priorities to the floor. They have also tried to make clear that they would have a much different relationship with Trump than McConnell, who once called the former president a “despicable human being” behind closed doors.

As the Senate haggles over how to fill Trump’s Cabinet, many of his allies are campaigning for the nominations. Former GOP presidential candidate Vivek Ramaswamy said on ABC’s “This Week” that there are “a couple of great options on the table.” Sen. Bill Hagerty, a Republican from Tennessee who served as U.S. ambassador to Japan between 2017 and 2019, said on CBS’s “Face the Nation” that one of his greatest honors was to represent the Trump administration overseas. He said he would advance “the positions that President Trump has articulated.”

“I’ll do that in whatever role necessary,” said Hagerty, who has endorsed Scott in the leadership race.

While Trump has made only one personnel move public so far, naming Susie Wiles his chief of staff, he has already ruled out two names for top positions.

Trump said Saturday that he would not be inviting Mike Pompeo, his former U.S. Secretary of State and CIA chief, and Nikki Haley, a former South Carolina governor who served as his U.N. ambassador and challenged him for the GOP nomination. Pompeo rallied with Trump on the night before Election Day.

“I very much enjoyed and appreciated working with them previously, and would like to thank them for their service to our Country,” Trump posted on his network Truth Social.

Trump’s son, Donald Trump Jr., reposted on X a message by podcaster Dave Smith suggesting to put pressure to “keep all neocons and war hawks out of the Trump administration.”

“The ‘stop Pompeo’ movement is great, but it’s not enough,” Smith posted on X. “America First: screw the war machine!”

Subscribe to Fortune Gulf Brief. Every Tuesday, this new newsletter will deliver clear-eyed, authoritative intelligence on the deals, decisions, policies, and power shifts shaping one of the world’s most consequential regions, written for the people who need to act on it. Sign up here.
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