House Speaker Mike Johnson expressed a willingness on Sunday to consider adjourning Congress, potentially allowing President-elect Donald Trump to bypass the traditional Senate confirmation process for Cabinet nominees through recess appointments. This move could come into play if the Senate stalls in confirming key nominees, creating a potential clash between legislative and executive priorities.
During an interview on “Fox News Sunday,” Johnson, R-La., acknowledged the challenges posed by a partisan atmosphere in Washington. He criticized the Senate for delays in confirming nominees, emphasizing the potential harm to governance if the process bogs down.
“I wish the Senate would simply do its job of advise and consent and allow the president to put the persons in his Cabinet of his choosing,” Johnson said. “But if this thing bogs down, it would be a great detriment to the country, to the American people.”
A recess appointment allows the president to unilaterally appoint officials when Congress is not in session for at least 10 days, bypassing the Senate’s confirmation responsibilities. Johnson noted that while he remains hopeful the Senate will fulfill its constitutional duty, recess appointments might become a consideration depending on how events unfold.
For a recess appointment to occur, both the House and Senate must adjourn for at least 10 days. This can happen through unanimous agreement or by passing a concurrent resolution specifying the recess period. However, Congress often holds pro forma sessions during recesses to prevent such appointments.
Recess appointments are not without legal precedent or controversy. In 2014, the Supreme Court ruled against President Barack Obama’s attempt to use recess appointments during short adjournments, affirming that such appointments are only valid during recesses lasting 10 days or longer.
Johnson is not alone among Trump allies open to recess appointments. Oklahoma Senator Markwayne Mullin echoed similar sentiments on NBC’s “Meet the Press,” describing recess appointments as a “last resort” if Senate confirmation proves too difficult.
“It’d be the absolute last resort,” Mullin said. “But if that’s what we have to do to get the confirmation through, then absolutely, let’s do it.”
Meanwhile, Democrats are prepared to resist any efforts to bypass the traditional confirmation process. House Minority Leader Hakeem Jeffries, D-N.Y., vowed to collaborate with Senate Democrats to block recess appointments, emphasizing the importance of preserving the Senate’s role in confirming nominees.
One of Trump’s high-profile Cabinet picks, former GOP Representative Matt Gaetz, has already drawn scrutiny. Gaetz, nominated for attorney general, resigned from the House following ongoing investigations into allegations that he had sex with a 17-year-old girl—accusations he denies.
The House Ethics Committee had investigated Gaetz during his tenure, but Speaker Johnson defended the decision not to release the committee’s findings, citing the tradition that its jurisdiction ends when a member resigns.
“There’s a very important protocol and tradition … that the House Ethics Committee’s jurisdiction does not extend to nonmembers of Congress,” Johnson told CNN. He added that the Senate would conduct its own vetting process, independent of the Ethics Committee’s draft report.
Johnson’s comments indicate a willingness to navigate the contentious political terrain of recess appointments, balancing respect for institutional norms with the practicalities of advancing Trump’s Cabinet. While he hopes the Senate will proceed with confirmations, his remarks suggest that extraordinary measures could remain on the table if the process stalls.
As tensions between Congress and the White House persist, the possibility of recess appointments underscores the broader challenges of governance in a deeply divided political climate
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