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There's a simple explanation for this maneuver. The President can make recess appointments only when Congress is not in session. The Congress will remain in session more or less continuously for quite some time. Bush's political advisers seem to be telling him to keep a low profile and avoid confrontation. (I personally disagree on both points. Bush should ignore the election entirely and do his job, especially if that means invading Syria--and soon.)

Because the agreement is not binding, Bush can resume making recess appointments in the event that Congress should go home. Or he can make them after the election. Irrelevant, he has not given up anything of consequence. There probably are no "controversial" judicial nominees willing to accept a recess appointment right now and there very well may not be any until the election.

It's not exactly a surrender.

Okay .. here's the truth.

What the dems didn't know ahead of time was this: Bush had no plans to use the recess appointment before the end of the year. The reason probably was because none of his nominees was willing to take the "recess" appointment.

Therefore, the President could make the DEAL .. rope-a-doping the dems into giving him at least 25 of the judicial nominees.

I'm stunned everybody is so eagar and willing to dump on Bush .. what a bunch of fair weather voters.

VOTING FOR ANYONE OTHER THAN BUSH IS JUST UNTHINKABLE!!