Democrats Question Legality of Swift Boater’s Recess Appointment

[kpete]

Democrats Question Legality of Swift Boater’s Recess Appointment

Senate Democrats yesterday assailed President Bush for his use of a recess appointment to bypass the confirmation process for wealthy businessman Sam Fox, which he employed only a week after outrage over Fox’s funding for the Swift Boat attacks on Sen. John Kerry prompted the White House to withdraw his nomination as U.S. ambassador to Belgium. Bush’s ploy is illegal, say Democrats, pointing to the federal law that prohibits unpaid “voluntary service” – the terms under which Bush sneaked Fox through – in positions, such as the ambassadorship, that have a fixed rate of pay.
http://www.airamerica.com/node/3520


............

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.

So as long as Fox -- a multi-millionaire -- agreed not to sue the Bush administration later for not paying him, the White House would be comfortable with giving him an unpaid, "voluntary service" recess appointment as ambassador to Belgium.

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.

In other words, according to senior Democratic Senate aides, the salary is a "statutory entitlement" and cannot be waived. While Fox would not be receiving a salary, he would still be entitled to live in government-owned housing and receive other benefits due any ambassador.

more at:
http://blog.washingtonpost.com/sleuth/

[Hobarticus]

1. Really should have Gonzo or Harriet read some laws once in awhile, Dubya...

Laws can be your friend, you know.

Just sayin'.

[ccpup]

2. this is gonna get good :-)

[Grandrose]

3. Love it!!!

This is what a Democrat Majority is all about.:popcorn:

[bryant69]

4. This should be entertaining

President Bush really does seem to going out of his way to piss off congress these days.

Bryant
Check it out --> http://politicalcomment.blogspot.com

[Bandit]

8. I think that is what Unifiers do isn't it?

:shrug:

[myrna minx]

5. That's the problem when bu$h employs the mental giants from Pat Robertson

University. :rofl: Go Dems. Can someone help me understand why bu$h is so hell bent on appointing him as the ambassador to Belgium. Is it just a sweet quid pro quo for his swiftboating support or something deeper?

[no_hypocrisy]

6. Here's my question:

Is it legal to make a recess appointment when there is no candidate who is in the process of being considered? Isn't that bypassing Congress altogether?

[subterranean]

7. Why is Bush so hell-bent on making this guy ambassador?

Isn't there anyone else qualified for the job? Why is he going out of his way to piss off the Democrats over a relatively minor appointment like this? Maybe it's just his way of saying, "I'm the prezident, and you can't tell me what to do! So there!" That's the kind of spoiled-rich-kid mentality he has.

[myrna minx]

9. This is what I don't get either.

He's just drawing more attention and scrutiny to his quid pro quo cronyism, via an ambassadorship to Belgium.

[jackstraw45]

10. MILLIONS donated to rethugs since 1990....

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Simple as that. And to thumb a nose at congress.

[EC]

11. I have to wonder

why do they want Fox in this position so badly? What's going on in that part of the world that have Bushies fingerprints all over it? The fact that they want this soooooo badly makes me suspicious...I mean he'll do it even without pay?

[populistdriven]

12. this is part a a giant snowscreen being put up to protect bush from congress

better to consume their time on stupid shit