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Obama could still force Garland onto court during ‘intersession recess’
The Washington Times ^ | January 1, 2017 | Stephen Dinan

Posted on 01/01/2017 3:47:20 PM PST by jazusamo

President Obama will have one last chance to force Judge Merrick Garland onto the U.S. Supreme Court on Tuesday — but it’s a legal gamble and one that has so many pitfalls that even those who say he could get away with it believe it isn’t worth the fight.

Mr. Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins.

In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Government; News/Current Events
KEYWORDS: bs; fakenews; garland; obama; recessappointment; scotus
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To: Mercat

Recessentially appointments only last until the next congress is convened. So Garland would not last long enough to be sworn in.


41 posted on 01/01/2017 4:37:24 PM PST by CMAC51
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To: Jim Noble

I think you are correct. Visitors to the White House are logged. People he “runs into at the golf course”, probably not.


42 posted on 01/01/2017 4:41:34 PM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: arthurus

Recess appointments expire at the end of the next Senate session.

All the Senate has to do is confirm Trump’s appointment, then recess for 5 minutes and declare a fresh session.


43 posted on 01/01/2017 4:46:07 PM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: Mercat; jazusamo; pas; goldstategop; CMAC51
CMAC51 is correct.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Last line of Section 2

44 posted on 01/01/2017 4:48:37 PM PST by Robert DeLong
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To: Dr. Bogus Pachysandra

Ahhh...... but a purloined certificate can be released by anybody

The Democrat party must eliminate Obama, the De Facto party head, to continue to exist


45 posted on 01/01/2017 4:53:53 PM PST by Thibodeaux (the end of Obama plague is near........ rejoice)
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To: E. Pluribus Unum

There are few Americans who ever understood, let alone remember, how viciously dangerous Cloward - Piven were and are. They are right up there with Alibsky, if not worse

Thank u for remembering and reminding us

Obama is clearly a follower of theirs. Were they gay for each other?


46 posted on 01/01/2017 4:55:52 PM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: Az Joe

If he didn’t do it over Christmas recess, no, he isn’t going to go for a five minute break.


47 posted on 01/01/2017 4:56:21 PM PST by tbw2
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To: jazusamo

The interregnum between one Senate and the next isn’t a “recess.” It’s baloney.


48 posted on 01/01/2017 4:57:46 PM PST by FredZarguna (And what Rough Beast, Its hour come 'round at last slouches toward Fifth Avenue to be born?)
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To: Iron Munro

The term of office of existing Congressmen ends on January 3, at which point the terms of newly elected members begins. The old Senate HAS TO recess at that point.


49 posted on 01/01/2017 4:57:57 PM PST by SauronOfMordor (Socialists want YOUR wealth redistributed, never THEIRS!)
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To: SauronOfMordor

That sounds a whole lot better. I would actually like to see that happen. Hussein needs all the lessons in futility he can get.


50 posted on 01/01/2017 5:00:08 PM PST by arthurus
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To: jazusamo

If he wanted to try this, why a milquetoast like Garland instead of a Valerie Jarrett or Bill Ayers? :)


51 posted on 01/01/2017 5:01:07 PM PST by Mr. Jeeves ([CTRL]-[GALT]-[DELETE])
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To: Dr. Bogus Pachysandra

You think the gopes would do that?Up to now the GOP has shown itself to be the enemy of everything Trump seems to stand for and is determined to be the junior wing of the Pelosi Party.


52 posted on 01/01/2017 5:02:14 PM PST by arthurus
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To: jazusamo

If that happens it will be because McConnell is complicit and has timed the gap for him.


53 posted on 01/01/2017 5:02:36 PM PST by 9YearLurker
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To: jazusamo
...creating one golden moment when the president could test his recess-appointment powers

He should test his flying powers while he's at it by jumping off the top of a really high building or bridge.

54 posted on 01/01/2017 5:03:36 PM PST by RC one (The 2nd Amendment is a doomsday provision, one designed for those exceptionally rare circumstances)
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To: E. Pluribus Unum

Stupid me forgot Piven was female.


55 posted on 01/01/2017 5:05:29 PM PST by Strac6 ("We sleep safe in our beds only because rough men stand ready to visit violence on the enemy.")
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To: jazusamo

Perhaps the inter session could be at 0300 or 2300 hours. Make the time a surprise.


56 posted on 01/01/2017 5:06:03 PM PST by Captain Compassion
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To: Strac6
There are few Americans who ever understood, let alone remember, how viciously dangerous Cloward - Piven were and are.

They were directly responsible for the NYC financial crisis that precipitated these headlines:


57 posted on 01/01/2017 5:06:14 PM PST by E. Pluribus Unum (President Trump is coming, and the rule of law is coming with him.)
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To: tbw2

I would not let my guard down over here, but I believe his real damage and mischief will be done in the Mid East.


58 posted on 01/01/2017 5:06:26 PM PST by sport
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To: jazusamo

And it would last nothing. I’m almost positive a recess appointment only lasts until the beginning of a new session of Congress.


59 posted on 01/01/2017 5:10:47 PM PST by PJBankard
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To: jazusamo

So just move the intercession until after Trump is sworn in.


60 posted on 01/01/2017 5:11:57 PM PST by meyer (The Constitution says what it says, and it doesn't say what it doesn't say.)
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