Obama Has Recess Appointment Power, Justice Department Says
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President Barack Obama had the power to make recess appointments last week when Congress was taking a brief break, the U.S. Justice Department said in a memo released after Republican complaints of a “power grab.”
The Constitution and precedent support the conclusion that the appointments can be made when lawmakers hold pro forma sessions in which no business is conducted, according to the 23-page memo written by Assistant Attorney General Virginia Seitz and released today.