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NewJeffCT

(56,827 posts)
Thu Nov 5, 2020, 11:35 AM Nov 2020

If McConnell is going to block ALL nominees

Biden should nominate them & send a letter to the Senate Majority Leader "If this nominee is not given a hearing within XX days and a vote within XX+30 days, the Senate will be considered as having waived their right to advise & consent for this nominee and all future nominees."

Some advised Obama to do this with Merrick Garland (or another nominee) in 2016



87 replies = new reply since forum marked as read
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If McConnell is going to block ALL nominees (Original Post) NewJeffCT Nov 2020 OP
Mitch will run screaming to Boofing Brett and the Handmaid quicker than you can say mr_lebowski Nov 2020 #1
I bet the handmaid refuses to sit next to Kavenaugh. idziak4ever1234 Nov 2020 #5
I've had the same thought about those two. Maybe they could compare old high school stories. RussellCattle Nov 2020 #29
He's a man, she has to obey him right? KatyMan Nov 2020 #38
Biden should do what trump is doing DownriverDem Nov 2020 #64
Take a page from the GOP playbook. grumpyduck Nov 2020 #2
Oh, the horror! Sidestepping the rules? Those shameless Democrats! BKDem Nov 2020 #14
Hey, most of those people are lawyers. grumpyduck Nov 2020 #41
Snap! Cha Nov 2020 #73
There you go. SammyWinstonJack Nov 2020 #30
Perfect. Nt onlyadream Nov 2020 #60
That was my first thought. Brother Mythos Nov 2020 #67
That won't work either. onenote Nov 2020 #75
What about federal judges from previous administrations? marie999 Nov 2020 #85
Nope. Section 3349c expressly excludes judges from being named acting executive branch officials onenote Nov 2020 #86
Thank you marie999 Nov 2020 #87
With all his bad karma... He is due for a heart attack idziak4ever1234 Nov 2020 #3
From your mouth to The Force. grumpyduck Nov 2020 #4
May his midichlorian count drop to zero! (n/t) Moostache Nov 2020 #32
MM is a sith. There's always two, Ilsa Nov 2020 #69
If he's a padawan drmeow Nov 2020 #71
These evil bastards seem to last forever. n/t Eyeball_Kid Nov 2020 #12
I know right! mmbrevo Nov 2020 #44
This! mmbrevo Nov 2020 #43
But then again... mmbrevo Nov 2020 #45
I'll take an indictment stopwastingmymoney Nov 2020 #57
He and Trump are both Cockroaches. onlyadream Nov 2020 #61
I don't see that working out FBaggins Nov 2020 #6
His bad health came to mind peacebuzzard Nov 2020 #7
Honestly, I think this is a better idea than using "Acting" apointees. Salviati Nov 2020 #8
Not sure that will work but it is worth a try. Also nothing wrong with just appointing acting heads Statistical Nov 2020 #9
+1. What's good for the goose is good for the gander dalton99a Nov 2020 #13
He can also do recess judical appointments for any judges McConnell tries to block. kysrsoze Nov 2020 #25
There have to be a dozen things available to Joe to let mcconnell know that he's not BComplex Nov 2020 #33
No he can't as McConnell keeps the Senate kelly1mm Nov 2020 #34
If Biden is elected, it won't matter what Mitch does 3825-87867 Nov 2020 #47
Ah I had not remembered that bit stopwastingmymoney Nov 2020 #70
that would require a recess, and McConnell isn't going to allow that. onenote Nov 2020 #76
Yup. No more playing nice with thugs. lagomorph777 Nov 2020 #10
+1 n/t area51 Nov 2020 #23
Bypass the traitor and tell him to go fuck himself. Make him Minority Leader in 2022. dalton99a Nov 2020 #11
Make them all Acting... mrsv Nov 2020 #15
Did he say he was gonna block all nominees? Amaryllis Nov 2020 #16
Just watch. PTWB Nov 2020 #79
And Simply Ignore Any Adverse Court Ruling, Sir The Magistrate Nov 2020 #17
Yeah, this isn't a realistic possibility - there's no "one weird trick" to avoid the US Senate under Alhena Nov 2020 #18
Funny, Republicans can do it, but Democrats can't? NT enough Nov 2020 #20
If No One Enforces, Ma'am The Magistrate Nov 2020 #36
Republican judges will have no problem issuing contempt citations onenote Nov 2020 #77
That cuts both ways localroger Nov 2020 #19
+1. Just do it. We're not living in normal times anymore dalton99a Nov 2020 #24
Has McConnell said he's going to do that? For all nominees (judicial and executive)? KPN Nov 2020 #21
Open an investigation on him. They don't call him Cocaine Mitch or Moscow Mitch for nothing. deminks Nov 2020 #22
I'm thinking along the same lines. LuvNewcastle Nov 2020 #54
Yes - special counsel to investigate him & his wife NewJeffCT Nov 2020 #72
This isn't a real option. tritsofme Nov 2020 #26
Use Obama administration confirmed people Tatertot Nov 2020 #27
Is that true? Where is Neal Katyal when we need him? BComplex Nov 2020 #39
Interesting. Love your nick, btw! nt crickets Nov 2020 #42
Really?? roamer65 Nov 2020 #50
Nope. The law requires that they currently be serving. onenote Nov 2020 #78
Examples Tatertot Nov 2020 #28
Is this true? My understanding was that they currently needed to hold an office that was subject to tritsofme Nov 2020 #40
You are correct. onenote Nov 2020 #81
wrong. to fill a vacancy, the person has to be previously confirmed by the Senate AND onenote Nov 2020 #80
If the Senate Majority Leader won't take up the issue bucolic_frolic Nov 2020 #31
Yep. Creative solutions. calimary Nov 2020 #37
Believe we could learn something from how tRump ran his term as president KS Toronado Nov 2020 #35
I agree. Lets turn the power of the people on them! Peregrine Took Nov 2020 #51
Agreed Obama did not attack Mitch or any of these guys Jspur Nov 2020 #84
The hell with that Traildogbob Nov 2020 #46
I wish Obama had followed that advice. BlancheSplanchnik Nov 2020 #48
Other temp appointments? 3825-87867 Nov 2020 #49
That is an excellent suggestion! DU legal eagles, will it fly? mahina Nov 2020 #52
Biden must play hardball. Joinfortmill Nov 2020 #53
How much am I allowed to donate toward these Georgia run-off campaigns? gollygee Nov 2020 #55
Hardball time hbhall Nov 2020 #56
So Biden is going to nullify the Constitution? SCantiGOP Nov 2020 #58
He wants the American people to decide. JohnnyRingo Nov 2020 #59
If that is an available option, that is absolutely what should be done. BobTheSubgenius Nov 2020 #62
It's not an available option. onenote Nov 2020 #82
Mitch may not be running the Senate riverwalker Nov 2020 #63
Biden's AG should investigate Moscow Mitch until he finds a crime for indictment, NCjack Nov 2020 #65
The SCOTUS/Senate version of a pocket veto. Why not??? nt LAS14 Nov 2020 #66
Because the pocket veto is in the Constitution and this nonsensical idea isn't onenote Nov 2020 #83
Yep. No rules anymore! Pepsidog Nov 2020 #68
Not going to happen. No basis for it in law. onenote Nov 2020 #74
 

mr_lebowski

(33,643 posts)
1. Mitch will run screaming to Boofing Brett and the Handmaid quicker than you can say
Thu Nov 5, 2020, 11:38 AM
Nov 2020

"Keg Stand"

But hey, it's still worth a try.

onenote

(42,373 posts)
75. That won't work either.
Fri Nov 6, 2020, 02:44 AM
Nov 2020

Last edited Fri Nov 6, 2020, 08:13 AM - Edit history (1)

The Vacancies Act requires that "acting" cabinet heads either be the "first assistant" at the time the vacancy occurred (who would be a Trump appointee), a currently serving official who was confirmed for a different position by the Senate (also a Trump appointee), or a non-confirmed senior official who has served for at least 90 days the year before the vacancy occurred -- again, a Trump person.


onenote

(42,373 posts)
86. Nope. Section 3349c expressly excludes judges from being named acting executive branch officials
Fri Nov 6, 2020, 08:31 AM
Nov 2020

It also excludes members of certain boards, commissions, or similar entities.

Salviati

(6,002 posts)
8. Honestly, I think this is a better idea than using "Acting" apointees.
Thu Nov 5, 2020, 11:41 AM
Nov 2020

It puts the onus on the Senate to approve or deny. It doesn't take away their power, except for the power to not act.

Statistical

(19,264 posts)
9. Not sure that will work but it is worth a try. Also nothing wrong with just appointing acting heads
Thu Nov 5, 2020, 11:42 AM
Nov 2020

The constitution says that cabinet heads are confirmed HOWEVER as somewhat of a loophole it saying nothing about acting heads of agencies having any less power.

Trump has used that to full effect. Due to the incredibly high turnover most Trump agency heads are not confirmed. They have not 1% less power or authority than a confirmed agency head.

If it works for Trump then it works for Biden. I give zero shits on if the Biden administration has exactly 0 confirmed appointees.

BComplex

(7,977 posts)
33. There have to be a dozen things available to Joe to let mcconnell know that he's not
Thu Nov 5, 2020, 12:53 PM
Nov 2020

going to be playing games. I hope Kamala encourages him to use every tool in the toolbox.

kelly1mm

(4,719 posts)
34. No he can't as McConnell keeps the Senate
Thu Nov 5, 2020, 12:54 PM
Nov 2020

In ‘pro forma’ session to block recess appointments. USSC already ruled this was allowed when Obama tried to make recess appointments.

3825-87867

(827 posts)
47. If Biden is elected, it won't matter what Mitch does
Thu Nov 5, 2020, 01:12 PM
Nov 2020

because the Constitution allows the president to adjourn congress if he feels they aren't doing their job. Then he can use recess to appoint people. Tacky? Maybe? But legal.
This is why gawd created lawyers.

Article II
Section 3

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

lagomorph777

(30,613 posts)
10. Yup. No more playing nice with thugs.
Thu Nov 5, 2020, 11:43 AM
Nov 2020

Trump and McConnell set the precedent. Confirmations are optional now.

 

PTWB

(4,131 posts)
79. Just watch.
Fri Nov 6, 2020, 02:51 AM
Nov 2020

McConnell is going to give Joe a list of people he will accept for candidate positions and if Joe doesn’t pick someone on the list, McConnell isn’t going to let them through.

The Magistrate

(95,237 posts)
17. And Simply Ignore Any Adverse Court Ruling, Sir
Thu Nov 5, 2020, 11:57 AM
Nov 2020

There are no consequences for doing so, clearly.


"Justice Marshall has made his decision. Let him enforce it."



Alhena

(3,014 posts)
18. Yeah, this isn't a realistic possibility - there's no "one weird trick" to avoid the US Senate under
Thu Nov 5, 2020, 11:59 AM
Nov 2020

the Constitution. As much as I'd like there to be, with McConnell in charge.

The Magistrate

(95,237 posts)
36. If No One Enforces, Ma'am
Thu Nov 5, 2020, 12:55 PM
Nov 2020

The violation becomes the fact.

Enforcement lies exclusively with the Executive. If that declines to enforce or heed a court's sanction, that decision is immaterial.

Whether it will be done, or is wise to be done, are separate questions from if it can be done. And it certainly could --- nothing explicitly forbids it, and theories can certainly be found to argue in support of it.


"What is not forbidden is required."



onenote

(42,373 posts)
77. Republican judges will have no problem issuing contempt citations
Fri Nov 6, 2020, 02:48 AM
Nov 2020

and hauling non-confirmed officials off to jail.

It's a stupid idea that the smart people surrounding Biden would never pursue.

localroger

(3,602 posts)
19. That cuts both ways
Thu Nov 5, 2020, 12:05 PM
Nov 2020

They can use procedural tricks to block judicial appointments, but Cabinet positions are executive. If Biden simply puts the people he wants in those offices and tells them to carry out the duties even if unconfirmed, what can Mitch do about it?

KPN

(15,585 posts)
21. Has McConnell said he's going to do that? For all nominees (judicial and executive)?
Thu Nov 5, 2020, 12:10 PM
Nov 2020

If so, yeah, a good strategy.

LuvNewcastle

(16,820 posts)
54. I'm thinking along the same lines.
Thu Nov 5, 2020, 01:32 PM
Nov 2020

The problem with the Senate right now is a personal problem, and a solution to it should be found that fits McConnell personally. It seems to be common knowledge that he's as crooked as a corkscrew. Maybe it's time to investigate him, indict him, and prosecute him. I would let him know that the time for games is over. He can work with people or be very miserable for the rest of his life.

NewJeffCT

(56,827 posts)
72. Yes - special counsel to investigate him & his wife
Thu Nov 5, 2020, 06:03 PM
Nov 2020

and their illicit connections to Russia & China

tritsofme

(17,320 posts)
26. This isn't a real option.
Thu Nov 5, 2020, 12:22 PM
Nov 2020

And this “idea” was always incredibly stupid.

At the end of each annual session of Congress, nominees that do not receive Senate action are returned to the White House.

There will likely be dozens of at least minor Trump nominees that get returned to the White House at the beginning of January. When can Trump magically declare them to be confirmed?

Tatertot

(94 posts)
27. Use Obama administration confirmed people
Thu Nov 5, 2020, 12:35 PM
Nov 2020

Using acting heads of cabinet positions has been and is illegal if they have not been Senate confirmed. However once Senate confirmed they can move between cabinet positions at the presidents will. And anyone who was confirmed in a prior administration would be legal.

onenote

(42,373 posts)
78. Nope. The law requires that they currently be serving.
Fri Nov 6, 2020, 02:50 AM
Nov 2020

You can't make someone who was once confirmed but not serving at the time of the vacancy into an "acting" department head.

The law clearly states "serves" not "has served".

Tatertot

(94 posts)
28. Examples
Thu Nov 5, 2020, 12:38 PM
Nov 2020

Hillary Clinton, Susan Rice, Christopher Wray would all be legal without any additional Senate approvals

tritsofme

(17,320 posts)
40. Is this true? My understanding was that they currently needed to hold an office that was subject to
Thu Nov 5, 2020, 12:58 PM
Nov 2020

Senate confirmation.

onenote

(42,373 posts)
80. wrong. to fill a vacancy, the person has to be previously confirmed by the Senate AND
Fri Nov 6, 2020, 02:51 AM
Nov 2020

in office at the time of the vacancy.

I suggest you read the statute.

bucolic_frolic

(42,651 posts)
31. If the Senate Majority Leader won't take up the issue
Thu Nov 5, 2020, 12:42 PM
Nov 2020

call it a Pocket Recess and appoint someone. Invent holes in the Constitution like Mitch would do.

calimary

(80,693 posts)
37. Yep. Creative solutions.
Thu Nov 5, 2020, 12:56 PM
Nov 2020

Mitch is probably assuming he can just “king” it in the Senate and Biden will “play nice” and allow himself to be stalemated.

Well THE HELL WITH THAT!!!

The republi-CONS have raised getting around the rules to an art form. We need to start taking a page from that FOR OURSELVES. He figures we’ll accept a stalemate. He never would. So why should we? Go ahead ANYWAY. Find a way AROUND IT. Keep reces-appointing justices.

KS Toronado

(16,900 posts)
35. Believe we could learn something from how tRump ran his term as president
Thu Nov 5, 2020, 12:55 PM
Nov 2020

He ran to twitter all day long keeping his voters informed(mostly of BS). When Moscow Mitch starts
blocking legislation this country needs, Joe/Kamala need to get on national TV (not twitter) and
point fingers at McTurtle how he's hurting the American people. And keep the pressure on him and
never let up, sooner or later repug voters will start getting on his @ss.

Peregrine Took

(7,408 posts)
51. I agree. Lets turn the power of the people on them!
Thu Nov 5, 2020, 01:20 PM
Nov 2020

Obama was way too quiet about what that creepy McTurtle was up to. We need to keep him in the hot seat.

Jspur

(578 posts)
84. Agreed Obama did not attack Mitch or any of these guys
Fri Nov 6, 2020, 03:49 AM
Nov 2020

when he was president. I understand it from the racial angle that he couldn't go that route because of fear of being portrayed as the angry black man but I think this where Biden has an advantage that Obama did have. Biden can now openly aggressively go at some of these republicans much like Clinton did against Dole, and Gingrich during the 90's. It's important Biden let the American people know everyday that Mitch is an obstructionist and put pressure on Mitch. I think this is the only way Biden will be able to get somethings done.

Traildogbob

(8,566 posts)
46. The hell with that
Thu Nov 5, 2020, 01:11 PM
Nov 2020

Some ass on Quomo last week said, “The best possible outcome for America is if Biden wins, senate keeps a one seat advantage to not allow an unfair balance of power,” Ouomo said nothing, like McConnell has been the poster child of fairness for the last 12 years. Damn I miss Boner crying about the American People from a Merlot stupor.
Trash the rules, appoint an AG ASAP and get to work “locking em all up”. We do not have two years to fix the shithole country. They will get even better a screwing the election in 2 years. Walk in with a staff and cabinet from the team of Obama years and get to work. Still a road to at least tie in senate via Georgia runoffs. And Khar-Mello has the deciding vote.

3825-87867

(827 posts)
49. Other temp appointments?
Thu Nov 5, 2020, 01:15 PM
Nov 2020

Bill Clinton? Barack Obama? John Kerry? Al Gore? etc?

Could be apoplectic for the Right!

Joinfortmill

(14,229 posts)
53. Biden must play hardball.
Thu Nov 5, 2020, 01:25 PM
Nov 2020

Also, McConnell and several other GOP Senators need to be investigated under auspices of a special counsel. And make him/her a tough M'f×cker.

hbhall

(14 posts)
56. Hardball time
Thu Nov 5, 2020, 01:35 PM
Nov 2020

If I were Biden, I would have a meeting with Mitch, and make it clear that that if he plans to obstruct like he did with Obama, I would make sure he knows that his wife, and her families shipping interests and their benefits to Mitch are open for scrutiny. Time to quit being Mr. Nice Guy. It should be apparent to everyone at this point that these people are not interested in bi-partisanship.

riverwalker

(8,694 posts)
63. Mitch may not be running the Senate
Thu Nov 5, 2020, 02:12 PM
Nov 2020

We have two run offs in January, and still an Alaskan Senate seat To be counted (Carville says it’s doable)

NCjack

(10,279 posts)
65. Biden's AG should investigate Moscow Mitch until he finds a crime for indictment,
Thu Nov 5, 2020, 02:16 PM
Nov 2020

just like Sen. Ron Johnson was doing to former V.P. Biden, with Moscow's approval. Right out of their playbook -- indict, trial, convict, and off to prison.

onenote

(42,373 posts)
74. Not going to happen. No basis for it in law.
Fri Nov 6, 2020, 02:41 AM
Nov 2020

Any action taken by an official who requires Senate confirmation who isn't confirmed will be subject to reversal in court.

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