Congress Moves to Block Trump’s Recess Appointment Power

In a behind-the-scenes maneuver during the August recess, House Speaker Mike Johnson (R-LA) and Senate Minority Whip John Thune (R-SD) are reportedly coordinating pro-forma sessions every few days to block former President Donald Trump from making potential recess appointments if re-elected. These brief, largely empty sessions technically keep Congress “in session,” preventing the president from exercising a key executive power.

What’s a recess appointment? Under the U.S. Constitution, when the Senate is officially in recess, the president can temporarily appoint individuals to high-level government positions without needing Senate approval. These “recess appointments” expire at the end of the next congressional session, but they give the president a way around a stalled confirmation process.

Rep. Thomas Massie (R-KY) raised the alarm on social media, stating the ongoing pro-forma sessions are designed specifically to keep Trump from using that authority. “Practically no one is there,” Massie said, referencing the most recent House session—held only to check the procedural box.

Political researcher Anna Matson says the maneuver may be more about power dynamics than partisanship. “With automatic confirmations off the table, senators keep their leverage. We saw this with RFK Jr.'s confirmation process,” she explained, referencing how some senators, like Bill Cassidy (R-LA) and Lindsey Graham (R-SC), delayed support until negotiations were finalized.

Massie’s remarks follow a growing rift between him and Speaker Johnson, fueled by Massie’s opposition to certain Trump-backed measures and his bipartisan push to release sealed Epstein case documents.

Despite his critics, Congressman Massie is widely respected among constitutional conservatives and liberty-minded Republicans. He consistently receives high ratings from conservative watchdog groups, often outperforming many of his GOP colleagues when it comes to limited government, fiscal restraint, and civil liberties. Massie has also built a reputation for being fiercely independent from the party establishment—frequently voting against leadership from both sides of the aisle when he believes constitutional principles are being undermined.