Swift Boat funder’s appointment may be illegal

[cal04]

Mary Ann Akers of the Washington Post explains why President Bush’s recess appointment of Sam Fox as ambassador to Belgium may break the law:

To fight the Fox appointment, Democrats are questioning the Bush administration’s plan to have Fox serve in a voluntary capacity — receiving no pay for his duties as ambassador. This is an important legal technicality, as federal law prohibits “payment of services” for certain recess appointments. However, if the recess appointee in question agrees that he or she will take an unpaid position and not sue the government at a later date for compensation, then the appointment can go forward, at least as the White House sees it. …

But here’s the rub that makes Democrats view Bush’s recess appointment of Fox as a major-league no-no: Federal law prohibits “voluntary service” in cases where the position in question has a fixed rate of pay, as an ambassadorship does. That’s how the Government Accountability Office, an arm of the Democratic-controlled Congress, interprets the law.

Sen. Chris Dodd (D-CT) said today, “I intend to seek an opinion on the legality of this appointment from the General Accountability Office and invite other Senators to join with me in that request.”
http://thinkprogress.org/2007/04/04/swift-boat-funders-appointment-may-be-illegal/

Democrats Outraged Over Fox Recess Appointment
http://blog.washingtonpost.com/sleuth/

[aquart]

1. Dodd is getting himself out there.

Where's he been for six years? Not being sarcastic. I have no idea what he's been doing or how he's been voting.

[Kagemusha]

2. Uh yeah, they floated doing this with Bolton but it'd have been illegal there too

What I totally don't get is making a recess appointment for a nomination that the President withdrew himself. I don't get that. Yeah, if the Senate simply sat on the nomination and did nothing and the recess came... but for a nomination the President WITHDREW!?!! That's just not how it's done, IIRC.

[Bozita]

12. That's what gets me. Sounds like a political 9-11 attack ... but, this time, without clues

If you were boxing with Dubya, you'd better be wearing protection from low (illegal) blows.

[grannylib]

15. I think it's just typical juvenile, petulant, "I'm the Decider" mode from the

little imbecile...he's taking a beating and he knows it and he still thinks it's his sandbox and his toys and everybody has to play by his wittow wules...

[Canuckistanian]

16. It was a classic bait and switch

They knew he wasn't going to pass the Committee. This was the plan.

[Bozita]

17. more Rove strategery?

[Kagemusha]

19. Well it's devious politics. I just don't happen to think it's legal.

And if it is legal by some odd chance, it darn well shouldn't be. Recess appointments have been tools for many presidents but this is just totally cheating.

[babylonsister]

3. Thank you, cal04! I've been waiting to hear what's up with this b.s.! Nom! nt

[KingFlorez]

4. Illegal is this adminstration's specialty

[hang a left]

5. Well ** did this with judicial appointments

Withdrew their nominations, and then recessed them.

[JI7]

6. the appointment is just another case of Bush being a scumbag

he doesn't give a shit about troops and veterans. i hate seeing the fucker's face on tv accusing others of not supporting the troops.

[HCE SuiGeneris]

7. Take him to task. The exposure alone is worth it. n/t

[caligirl]

8. doesn't belgium have a law for prosecuting war crimes by people from other countries?

A law that would make prosecuting Bush etc much easier.

[pigpickle]

9. keep the heat on these people

[Poiuyt]

10. If that was the most illegal thing that Bush has done, I'd be doing backflips and cartwheels

[TahitiNut]

11. The GAO is VERY non-partisan (thank the gods) and should never be alleged ...

... to be partisan. I have a great deal of respect for that particular federal agency and it's head, David Walker. To the best of my knowledge, he's a person of impeccable integrity.

[MonkeyFunk]

13. Clinton

used a recess appointment to appoint James Hormel ambassador to Luxembourg, and nobody said it was illegal. I doubt this will fly.

[starroute]

14. There may be different circumstances here

Bolton was able to serve as a salaried UN ambassador under one recess appointment, but if they'd done it a second time he would have had to serve unpaid.

I don't know exactly what that means, but there would seem to be different kinds of recess appointments. So the Hormel situation may have not have involved the same circumstances as this current one.

[pnorman]

18. I'll try to check later, but a tiny country like Luxemburg

may be in a different category as Belgium (as "tiny" as Belgium is generally perceived by many).

pnorman

[pnorman]

20. I was thinking that Luxemburg was a principality

like Monaco or Andorra, but it appears to be a genuine nation: http://en.wikipedia.org/wiki/Luxemburg

Still, there must be more than a few grades of Ambassador/Consul, to reflect the size/importance of the country. Time to Google again, but not tonight.

pnorman
On edit: According to the CIA World Book, the diplomatic representation from the US to Luxemburg is referred to as:
"chief of mission". That may be the determining fact.

[sandnsea]

23. Hormel is gay

It was a matter of principle. They always manage to do the slimiest of shit and then attach it to something altruistic in the Dem Party - and then pretend it's all the same. It's not. The Senate also capitulated when Clinton said he wouldn't do anymore recess appointments without notifying Inhofe. They're asses, don't cover for them.

[MonkeyFunk]

24. I'm quite familiar

with the facts surrounding the Hormel nomination, and I'm not in the slightest sense "covering" for anybody. How you got that out of my post is a mystery.

I was pointing out that there have been recess appointment of ambassadors in the past, thus the premise in the OP that it might be illegal because of the pay issue is probably not going to fly.

Really.... you read my post as "covering" for the GOP? Amazing.

[tavalon]

21. My goodness, Bush did something illegal!

Say it isn't so!:eyes:

[sandnsea]

22. Bush Tells America To Kiss Off!

Bush continues his Napoleonic Presidency by choosing to "stick it to" Democrats with 3 outrageous recess appointments. He couldn’t be more brazen if he had sent each and every one of us a gold-plated middle finger. Susan Dudley, Andrew Biggs and Sam Fox represent the absolute worst of the Republican Party – from privatization to deregulation to hideous character assassinations that substitute for intelligent debate. This President gives no regard to lessons he should have learned from Katrina, Rumsfeld, Miers, Schiavo – he just continues on with his pattern of choosing loyalty and ideology over competence and dedication.

Well I say to you Mr. President – You Are In Contempt!


http://www.dailykos.com/storyonly/2007/4/5/4579/22709