[Congressman Billybob]

The Senate (or House) is only in recess when it has adjourned sine die (which means “without day”). When a House closes at night, it has already set a schedule for the next working day. But a new schedule can only be set by action of the whole Senate, or by consent between the majority and minority. Neither would apply, under what I suggested.

John / Billybob

[casino66]

Found this in the Wash Compost:

“Under law, a president can use a recess appointment if the Senate is adjourned more than three days without reconvening on the fourth day. The interim appointments last through the current and next sessions of Congress.

“Congressional rules allow for the Senate to be adjourned for three full days without being considered in recess. Bush cannot use the interim appointments as long as the chamber is opened every fourth day. Reid set a schedule of pro forma sessions on Tuesday and Friday next week, and then on Nov. 27 and Nov. 29.

“The Senate returns Dec. 3 for full legislative sessions and is expected to adjourn a few days before Christmas until mid-January. But Reid is threatening to hold pro forma sessions throughout the holiday season, if necessary, to block recess appointments.”

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/16/AR2007111601569.html?nav=hcmodule