Tell you what Donald Trump can do if this fails he has recess appointment power. If Mitch McConnell recesses the Senate for 10 minutes he can put Brett Kavanaugh on the Supreme Court for four years without Senate confirmation, Napolitano said on Fox Business Networks Mornings with Maria on Monday. [Judge Napolitano]
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I don’t believe Mitch has yet allowed the Senate to recess so Trump has not had the ability to make any recess appointments. I don’t think Mitch will recess for Kav, either. The political repercussions would blow up the Capitol. Mitch will do his best to get Kav through on Senate votes.
Nap is simply wrong about “four years”. He’s brain-addled.
Ok, happy to have a legal opinion from the Judge.
If Trump has to make a recess appointment for this seat, he will most likely appoint an older Federal judge who is close to retirement anyway. Better yet -- kill two birds with one stone by shaking the DOJ up at the same time. Put JEFF SESSIONS in that role.