Fox's Judge Napolitano: Trump 'Can Appoint Kavanaugh in 10 Minutes' Via Recess Appointment Power

[DonViejo]

by Caleb Ecarma | Sep 24th, 2018, 9:05 am

Andrew Napolitano stated on Fox News today that President Donald Trump could confirm his SCOTUS nominee almost instantly if he uses “recess appointment power.”

“Tell you what Donald Trump can do if this fails — he has recess appointment power. If Mitch McConnell recesses the Senate for 10 minutes he can put Brett Kavanaugh on the Supreme Court for four years without Senate confirmation,” Napolitano said. “I don’t know that Brett Kavanaugh wants to do this. This is real hard ball. He’d have to give up his present lifetime seat in order to do it. The president has that power.”

Earlier in the segment, Napolitano suggested that the allegations against Kavanaugh are political attacks and not sincere, saying he was nominated to the court “at the price of destroying his reputation and impairing his wife and destroying his child and making anybody think is this what I have to go through to elevate myself to a higher court in the land.”

“Is this what the founding fathers intended, is this any way to confirm a Supreme Court justice?” He asked, while also noting that Democrats are motivated to attack Kavanaugh because they want to keep abortion legalized.

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video
https://www.mediaite.com/tv/judge-napolitano-trump-can-appoint-kavanaugh-in-10-minutes-via-recess-appointment-power/

[Freethinker65]

1. I think it is ten days, not ten minutes?

Would be interesting for McConnell to try it for ten minutes. I say go for it, Mitch. Then explain why you did it, because Trump heard some idiot on FoxNews suggest it.

[Iliyah]

2. It would be a very bad move. Oh well, shithole doesn't make

good decisions.

[Initech]

3. Well considering that President Pussy Grabber listens to only them...

He'd be stupid enough to actually try it.

[beachbum bob]

4. I do not think it applies for a supreme court justice, otherwise Obama would have done it

[secondwind]

10. i think Obama tried to do this. I may be wrong.

[honest.abe]

5. I think technically yes but it would only be temporary until next Senate is seated.

At least that is my understanding. This came up regarding Obama and Garland.

[Dirty Socialist]

6. The first though thought that comes to mind is

The Village People song "Macho Man"
Macho Macho Man
I've got to be
A Macho Man

[NYC Liberal]

7. Not true. SCOTUS ruled that the Senate has to be in a real recess

and be “unavailable for deliberation”.

The Court held that the clause allows the president to make appointments during both intra-session and inter-session recesses but only if the recess is of sufficient length, and if the Senate is actually unavailable for deliberation.

https://en.wikipedia.org/wiki/NLRB_v._Noel_Canning

[regnaD kciN]

8. So, you're saying Fox News' resident judge doesn't know the law...?

Color me shocked.

[ChoppinBroccoli]

9. As A Lawyer Who Actually Knows The Constitution..........

...........I'm surprised anyone listens to "Judge" Napolitano anymore. He gets the law wrong more often than he gets it right. And there have been times when he has gotten wrong very basic stuff. Like, he had first year law students yelling at the screen.

So, in other words, he fits right in on Faux News.