How Trump and Speaker Johnson could force the Senate to adjourn, allow recess appointments

Trump argued earlier this month in a post on Truth Social that "recess appointments" would enable his new administration "to get people confirmed in a timely manner."

The Constitution grants the president authority to appoint Cabinet officials when the Senate is out of session, a period of time known as "recess," bypassing the traditional Senate confirmation process. 

The passage in question would allow the commander-in-chief to "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."

If Johnson proposes to take the House and Senate out of session and the Senate resists, then there is "disagreement," the theory goes, and Trump could send everyone home for as long as he wants.

He said there was "zero question that the House and Senate can choose to adjourn," at which point Trump could make his recess appointments. 

Rep. Matt Rosendale, R-Mont., told Fox News Digital, "I have heard that there were some discussions about that, whether it is already currently allowed or procedurally correct, but not that much."

"I think basically, what we're really, really talking about is, should the president be able to have the people confirmed that he has selected to help him pursue and pass his agenda?" Rosendale said.

But there's currently disagreement among legal experts over whether it's even possible.

"The whole idea that a president could conspire with the House to eviscerate the Senate's advice and consent for a nomination is outrageous," Edward Whelan, a distinguished senior fellow of the Ethics and Public Policy Center, told Fox News Digital.

Mike Davis, founder of the Article III Project and a former senior aide to the Senate Judiciary Committee, told Fox News Digital he believed the clause was there specifically for such a time.

"The Senate's job is to provide advice and consent. The American people overwhelmingly elected President Trump in a landslide victory. The American people expect the Senate to confirm all of President Trump's qualified nominees," Davis said.

"If the Senate refuses to do that, the Constitution provides a mechanism for the president and the executive brand to [side-step] them."

"The speaker should not do that. And my hope is that the Senate president will have more of a backbone," one Republican lawmaker told Fox News Digital when granted anonymity to speak freely.

But Trump ally Rep. Marjorie Taylor Greene, R-Ga., who told Fox News Digital she's heard "multiple strategies" for helping the president-elect get recess appointments through, said, "Yes, we're going to get the appointments done," even if Senate Republicans don't fully comply.

"I'll just tell you this. If these senators oppose President Trump's appointments, they are openly declaring war on President Trump and his incoming administration," Greene said. "They need to sit down and get out of the way, because it's not going to be tolerated."

Johnson himself appeared to leave the door open to such a strategy during an interview with "Fox News Sunday" when asked about the constitutional theory.

"I wish the Senate would simply do its job of advice and consent and allow the president to put the persons in his Cabinet of his choosing. But if this thing bogs down, it would be a great detriment to the country, to the American people," Johnson said.

Fox News Digital reached out to Johnson's office for further comment.