| Senate Republicans are bracing for what could be their first clash with President-elect Donald Trump over recess appointments, an obscure Senate procedure that could test the separation of powers between the executive and legislative branches. Trump is expected to receive a large amount of deference in the Republican-led Senate for his nominations, but some of his most controversial ones — specifically former congressman Matt Gaetz of Florida to be attorney general — could have an uphill climb to confirmation. Gaetz, who has been accused of sexual misconduct with minors and illicit drug use, has been calling senators asking whether they would give him a fair shake in the confirmation process. Meanwhile, people close to Trump have been calling senators to gauge whether Trump’s nominees have support, according to a senior Republican aide who spoke anonymously to describe internal discussions. And Trump has also been making some calls inquiring about his nominees, our colleague Liz Goodwin reports. Meanwhile, Republicans are having internal conversations about the impending constitutional standoff. No president has used their constitutional authority to force the Senate to recess to appoint their nominees, leaving murky legal questions that one expert in congressional procedure, who spoke on the condition of anonymity, called “unprecedented and complicated.” Senate Republicans are bracing for impact, potentially having to choose between protecting the authority of the body in which they serve or bucking the leader of their party. Outgoing Senate Minority Leader Mitch McConnell (R-Kentucky) has been the most forceful and public on the issue so far, insisting that the Senate must maintain its authority and constitutional duty to “advise and consent” on political appointees. “Each of these nominees needs to come before the Senate and go through the process and be vetted,” he said last week at a dinner at the American Enterprise Institute, a center-right think tank. But McConnell won’t be in leadership next year. While he is likely to offer some advice when asked by the incoming leadership team, he will be just one of 53 Republican votes. The number of longtime institutionalists in the Senate is on the decline as those loyal to Trump have grown in numbers. Sen. John Thune (R-South Dakota), who will be majority leader next year, has left the door open to allowing recess appointments, saying “all options are on the table.” Trump posed the question as a litmus test ahead of the internal Senate GOP vote to choose a new leader next week, boxing in the future leader. Recess appointments by previous presidents have been a last resort — not their opening salvo as it was with Trump, which is why it has been so alarming for the Senate. It takes both bodies of Congress to vote to recess, which is why Speaker Mike Johnson (R-Louisiana) could have a major role, too. He left the door open to allowing recess appointments. “We’ll have to see how this develops,” he said on “Fox News Sunday.” GOP senators are insisting that recess appointments won’t be necessary. They plan to vet and confirm Trump’s nominees at rapid clip, avoiding the need for Trump to step in unless Democrats slow down or block the process, they say. “If my Democratic colleagues try to delay the process, that’s when the issue of a recess appointment will raise its head,” said Sen. John Neely Kennedy (R-Louisiana). But Democrats will only have 47 votes, leaving them with no power to block or slow down nominees. Senate Democrats killed the filibuster for most nominees in 2013, so Republicans only need a simple majority to approve appointments. The question is what happens if Trump demands a recess appointment if one of his nominees cannot win 51 Republican votes. Kennedy declined to address whether that is a reason for Trump to circumvent the Senate. “I have answered your questions to the best of my knowledge,” Kennedy said. As of now, with Trump and his team not yet having launched a real pressure campaign, some Republicans say overcoming Republican opposition would be a bridge too far. “That would not be seen as a recess appointment at that point, that would be circumventing” the Senate, Sen. James Lankford (R-Oklahoma) said. The history of recess appointments Recess appointments are not new. Bill Clinton made 139 recess appointments. George W. Bush made 171 and Barack Obama made 32, according to the data from the Congressional Research Service. Recess appointments, however, were often a measure of last resort and not the product of failed votes. It has been 10 years since there has been a recess appointment. The political dynamics changed and recess appointments fell by the wayside. The Senate got sick of presidents using short recesses to place their nominees, even though the jobs were temporary. To avoid presidential appointments as gridlock and polarization increased, the Senate began to limit its recesses during the Bush administration. During Obama’s term, McConnell called his attempt to recess appoint a “brazen power grab.” When Obama tried to recess appoint a member of the National Labor Relations Board in between the Senate’s “pro forma” sessions every three days when they are not in town, the Supreme Court ruled that Congress must be in recess for at least 10 days before a president can appoint a nominee. Thanks to Mariana Alfaro and Liz for their help reporting this story. | 
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Leigh Ann Caldwell and 
