“It’s bad enough that the administration stonewalled the Senate by refusing to disclose documents highly relevant to the Bolton nomination,” Mr. Kennedy said. “It’s even worse for the administration to abuse the recess appointment power by making the appointment while Congress is in this five-week recess.”
Making an appointment during a recess is abusing the recess appointment power? Driving a car with a valid license is abusing the driving priviledge I guess? Well, maybe, in some instances….
Maybe somebody should remind Chap that his brother “recess-commissioned 22 percent of his judges. Each temporary jurist subsequently earned a tenured bench.” And that included the appointment of Thurgood Marshall to the US Court of Appeals. There is some theoretical basis for objecting to recess appointments for judges (it conflicts with the life tenure provision), so if appointing 22% of judges that way was legitimate, then appointing an executive branch official by recess appointment is pretty hard to argue with.