Rep. Jeff Duncan, R-S.C., told Newsmax on Thursday that if the Senate fails to confirm his nominations in a timely manner, President-elect Donald Trump may resort to recess appointments to secure key cabinet positions.
Duncan underscored Trump's preference to work with Congress but said the president-elect would act within constitutional authority if necessary.
Speaking on "The Chris Salcedo Show," Duncan emphasized Trump's readiness to act within constitutional limits to fill critical administration roles.
"Well, it's really up to the Senate to have the confirmation hearings that are necessary to get the cabinet-level positions appointed and confirmed," Duncan said. "If they fail to do that, then President-[elect] Trump will have the ability to use recess appointments, and he'll do it in a legal matter."
Duncan noted that Trump does not intend to bypass Congress, a strategy former President Barack Obama employed.
"He's not going to be like Obama and try to go around the United States Congress," Duncan added. "He's hoping to work with the Congress, work with [incoming] Majority Leader [John] Thune and Speaker Mike Johnson where necessary to get his appointments confirmed, but also move his agenda forward."
This approach aligns with Trump's recent statement on Truth Social, where he said any senator seeking a leadership position in the Senate must support recess appointments.
"Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments…without which we will not be able to get people confirmed in a timely manner," Trump posted to X.
Trump's potential call for recess appointments draws from the constitutional powers under Article II, section 2, clause 3, which allows the president to fill vacancies during the Senate's recess. Such appointments remain in effect until the end of the Senate's next session. Typically, nominations undergo prolonged background checks and sometimes committee hearings before a Senate vote, delaying appointments.
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Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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