Can Bush 'Recess Appoint' the new AG?

[Razmear]

I'm betting that Bush uses another Recess Appointment for the AG position. Not sure if this office qualifies tho.

eb

[axiomata]

I heard he could, but that was hearsay ... don't know for sure.

[fsk]

Don't recess appointments only last until Congress is in session again?

[foofighter20x]

Raz: Yes he can.

Fsk: It's debatable. There's never been a clear decision of what a session of Congress in fact means. Presently, Congress divides their two year term into two halves, called the first and second sessions, each session being a year, and both beginning on Jan 3rd. Most of the beltway insiders suggest that a recess appointment lasts until the end of the current session of Congress as Congress has themselves defined it. So, if Bush recess appointed a new AG, he'd only hold office until Jan 3 of next year.

Where the great minds are wrong on this is that what the Framers meant by the end of the next session is in fact the end of when Congress is next open for business, as when the U.S. first started out, Congress was hardly ever in session and only met a few times a year, once at a minimum per the Constitution.

[constituent]

If i'm not mistaken, the power to act as the attorney general was recently given to the deputy and assistant attorneys general....