[VRWC_minion]

Clearly, Bush was given fully opportunity to exercise his powers to make the appointment during the recess but failed to act. It is a shame.

My memory is that a nominee cannot be recessed appointed.

[livius]

Since he's no longer a nominee, maybe Bush should recess-appoint him now! After all, whats' to lose?

[AMNZ]

Someone is going to set us straight on this, but I seem to recall it was done at least once by Klinton.