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NEW: A must-read essay by @petermshane on the many executive tools that President-elect Joe Biden can and must use to bypass Mitch McConnell and rebuild America after four years of Donald Trump. https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
|"A team at @TheProspect recently scanned a 110-page set of recommendations published by the Biden-Sanders Unity Task Force and uncovered 277 policies that are clearly within the executive branch’s power to immediately pursue." - @petermshane https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"The usual vetting that precedes Senate confirmation of administrative officials is likely to take weeks or months, even if the Senate is cooperative. Biden will thus need acting officials to run a number of agencies in the interim." - @petermshane https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"The Federal Vacancies Reform Act allows POTUS to make acting appointments to fill many of the 1,200+ agency positions in the executive branch that require Senate advice and consent. 'Actings' generally have the same powers as duly appointed incumbents." https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"When President Biden uses his FVRA powers, there will be Republican howls that he is doing just what Trump did. But it will not be the same. Trump [...] put officials in place who [owed] their political accountability solely to Trump and not to Congress." https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"[If] the Senate is in adjournment for at least 10 days, a president can give someone a “recess appointment,” which lasts until the end of the next session [...] a recess appointee taking office in Jan '21 could continue to hold that office until Dec '22." https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"[Pelosi] could propose to the Senate a 10-day period of adjournment [...] the Senate's likely refusal would trigger the president’s adjournment power. With the Senate adjourned for at least 10 days, an entire cabinet could be appointed." - @petermshane https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"Earlier this year, the Trump administration was known to be mulling [the adjournment clause]. [...] if Biden wants to play hardball, this clause offers a potentially big bat with which to threaten the opposing team." - @petermshane https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"Biden will not need his team fully in place to start undoing the Trump administration’s public policy moves. [...] On January 20, there will be a White House directive to administrative agencies to halt not-yet-final Trump regulations in their tracks." https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"In addition, if Georgia’s Democratic candidates win the two Senate seats to be decided in early January, Congress could help Biden by using the Congressional Review Act to void Trump regulations that became final as early as last summer." - @petermshane https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"Executive orders can be rescinded by a subsequent executive order without any prior process. On day one, President Biden could issue an executive order simply repealing each and every Trump executive order he regards as bad policy." - @petermshane https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"In sum, Biden will take office with a robust set of tools available to reverse course on policies adopted by the Trump administration that too often worked against the public interest." https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
"If a GOP-controlled Senate decides to escalate its resistance to norms of interbranch comity, Biden will have norm-shredding moves of his own available to him." https://washingtonmonthly.com/2020/12/11/why-biden-might-not-need-mcconnells-permission/
If you found this essay informative, follow @petermshane and @monthly!
To keep up-to-date on the latest in presidential transition and executive branch news and oversight, you can follow us at https://therevolvingdoorproject.org/ .
To keep up-to-date on the latest in presidential transition and executive branch news and oversight, you can follow us at https://therevolvingdoorproject.org/ .
