When it comes to Cabinet picks, incoming President Donald Trump’s strategy seems to revolve around one principle: if at first, you don’t succeed, try a presidential power move. With a few controversial nominees facing the cold shoulder from the Senate, Trump is exploring an age-old tactic—recess appointments—a loophole in the Constitution that lets him bypass Senate confirmation altogether.
Let’s delve into some of the more eyebrow-raising nominees on Trump’s list:
First up is Matt Gaetz, who was initially considered for the position of Attorney General. However, Gaetz decided to withdraw from the running amid public scrutiny over serious allegations involving the online recruitment of women for sex, including a disturbing case involving a 17-year-old. It seems that having such accusations tied to one’s name isn’t exactly the best selling point when vying for the nation’s top law enforcement role.
Next, we have Pete Hegseth, a former television personality, who was reportedly being considered for Secretary of Defense despite facing multiple allegations of sexual assault.
And then there’s Robert F. Kennedy Jr., a well-known figure in the anti-vaccine movement, who might be tapped for the position of Secretary of Health and Human Services. Despite being a leader in promoting health conspiracy theories, Kennedy could be in line to oversee public health in the United States—a rather curious choice given his controversial stance on vaccines and public health policy.
It’s not hard to see why the Senate has been less than enthusiastic about these nominees. But Trump, ever the strategist, isn’t ready to give up on these choices. Instead of accepting defeat, he’s thinking about using his presidential powers to sidestep the Senate entirely. Recess appointments allow him to name individuals to Cabinet positions when Congress is out of session—essentially making these appointments without needing any Senate approval. It’s the political equivalent of sneaking into the kitchen for a midnight snack when everyone else is asleep.
But wait—there’s more. Trump might not stop there. If the Senate refuses to adjourn for a recess, Trump could pull a fast one and adjourn them himself. This is where things get even more dramatic. By doing so, he could effectively force the Senate into a break and get his nominees approved without the usual confirmation hearings.
While previous presidents have used recess appointments (Clinton made 139, Bush made 171, and Obama made 32), none of them seemed to take the same liberties that Trump might be considering. There’s a catch, however: the Supreme Court has ruled that recess appointments can only be made during “sufficiently long” recesses. So, while Trump could try to engineer this maneuver, he may find himself up against some serious constitutional roadblocks if the Court decides to challenge the practice.
Moreover, some legal experts have raised concerns about Trump’s potential disregard for established precedents. If he pushes too hard on this issue, he could risk triggering a constitutional crisis—a situation in which the courts, Congress, and the president are all at odds over the interpretation of the Constitution. And as much as Trump loves a good controversy, even he might find that particular scenario a bit too messy.
In short, Trump’s cabinet picks are shaping up to be anything but conventional. With a combination of eyebrow-raising nominees and a plan to circumvent Senate approval, the situation has all the hallmarks of a high-stakes political drama. Will Trump’s recess appointment strategy work, or will the Senate and the Supreme Court rain on his parade?
