Lee Blasts Justification for Recess Appointments

January 12, 2012

WASHINGTON – Today, Senator Mike Lee voiced concerns over the legal advice provided to the President by the Justice Department's Office of Legal Counsel (OLC) regarding presidential recess appointment authority.
"In the memorandum released today, OLC effectively asserts that the President may unilaterally determine if and when the Senate is in recess for purposes of exercising his recess appointment power.  This remarkable and novel assertion breaks with 90 years of historical precedent. Even more disturbing, this conclusion violates the basic separation of government powers enshrined in our Constitution," said Senator Lee, a member of the Senate Judiciary Committee.
"The Justice Department's inadequate justification for President Obama's recent recess appointments is a shocking example of this administration's willingness to circumvent Congress and ignore the Constitution in order to achieve its controversial political agenda."