Smith Presses DOJ for Recess Appointments Documents

Washington, D.C. - House Judiciary CommitteeChairman Lamar Smith (R-Texas) today pressed the Justice Department to produce documents related to the appointments of Richard Cordray as Director of the Consumer Financial Protection Bureau (CFPB) and three individuals to the National Labor Relations Board (NLRB). 

In a letter to Attorney General Eric Holder, Chairman Smith asked that the Justice Department produce all documents, including emails, created prior to the January 6th Office of Legislative Counsel (OLC) Opinion-which is dated two days after the appointments were made-that pertain to OLC’s final advice on the authority of the President to make recess appointments during the period between January 3 and January 23, 2012.  Chairman Smith also requested a timeline of the Justice Department’s involvement in addressing the authority of the President to make recess appointments.

Chairman Smith:  “By bypassing the Senate and making these unprecedented appointments, there will undoubtedly be uncertainty over the legal status of any action taken by either the NLRB or the CFPB while these appointees remain in their positions.

“These appointments continue the administration’s pattern of manipulating Executive authority to avoid having to secure support from Congress. Pro forma sessions were never meant to be a window for the Administration to appoint whomever it likes to powerful government positions. This power grab threatens the role of Congress and raises serious constitutional questions.”

Background: On January 4, 2012, the White House appointed four individuals using the recess appointment authority to bypass congressional approval of the nominees.  But the Senate, which has the constitutional authority to provide advice and consent on certain presidential appointments, was not actually in recess.  This intentional attempt to circumvent the authority of the Senate granted by our Founding Fathers poses serious constitutional questions and undermines the validity of the recent appointments. 

The House Judiciary Committee will hold a hearing to examine all of the constitutional questions surrounding these appointments on February 15. A copy of the letter can be found here.