Bush can't recess appoint Bolton to the post again. But could he leave the position open and recess appoint him to the Asst. Sec. position? Thus leaving him in place? If this is possible, it would send a good message to those who had any doubts about who is running the show.
Back during the Clinton Administration, Bill Lann Lee's nomination was blocked in the Senate but Clinton left him in place as an "acting" Assistant Secretary. Conservatives fumed that this was improper, but it stood and a precedent was set.
I am a great believer in cutting off bad precedents but as a realist I know it doesn't happen unless we enforce reciprocity. If we don't, the dems are perfectly happy to run with a double standard. Perhaps President Bush should follow the Lee precedent, meanwhile sending a note to the new Democratic leadership saying "Here's tit for tat. How do you want to proceed in the future?"
That Missouri Senator elect said she would vote for Bolton if it comes to a vote. I was amazed by this. I think we have at least three moderate democrats in the Senate...her, Webb, and Tester.
Yes he can be recess appointed again. He just can't be paid this time until he is confirmed.