thehill.com/homenews/administration/343426-trump-floats-possibility-of-giuliani-replacing-sessions-as-attorney?amp
Caroline O.
Caroline O. @RVAwonk
There's a non-trivial chance that Trump may try to replace Sessions w/ Giuliani via recess appointment.
A few quick words on that... /1/
Trump seems to want to force Sessions to resign. Today he called Sessions "beleaguered" & then he did this...👇
/2/ time.com/4871278/president-trump-jeff-sessions-resign/
Trump appointed Sessions to run interference; to stymie the Russia probe. He wanted an AG who would obstruct justice for him. /3/
Though Sessions hasn't truly recused himself, he is under scrutiny & can't do anything too obvious to obstruct the Russia probe. /4/
Trump knows this & he's not pleased. He wants to stop the Russia probe & he needs an AG to do it for him. /5/
The Senate goes on recess on Aug 11 (thru Labor Day), giving Trump a window to get rid of Sessions & use a recess appt to replace him. /6/
A recess appointment does not require a Senate vote. It wouldn't expire until the end of the next Senate session (so the end of 2018). /7/
Per Senate rules, recess appointments generally are not permitted if the recess period is less than 10 days. This matters a lot. /8/
Sen. McConnell stopped Obama from making recess appointments by holding pro-forma sessions (where nothing was done) once a week or so. /9/
These sessions were literally just minutes long. No agenda. But they reset the recess clock, so the recess period never hit 10 days. /10/
So this will likely come down to McConnell. Thus far, he's shown no willingness to use the Senate as a check on Trump's power. /11/
However... Sessions is a former senator. He's part of an exclusive club, & McConnell is the leader of that club. Interesting dynamic. /12/
I don't know if Trump will try to force Sessions out, nor what McConnell would do. But don't let your guard down during Senate recess. /13/
McConnell threw Senate rules asides for a lifetime SCOTUS appt. Don't be surprised if he'd do it for a temporary AG appt. Just be prepared.