Opinion About Recess Appointments is “Eyes Only” — And That Specifically Doesn’t Include Your Eyes

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Marcy Wheeler alerts us to a document posted today by Charlie Savage of the New York Times about the authority of the president to make recess appointments even when the Senate is conducting brief pro forma sessions in order to pretend that it’s not in recess. The Office of Legal Counsel weighed in on this several months ago, concluding that Obama could indeed ignore these sham sessions, but Savage submitted a FOIA request for other legal opinions on this issue. This is not an issue of national security, just a legal skirmish between branches of government, but when OLC finally produced a 2004 opinion written by Jack Goldsmith, here’s what it looked like:

“Next up,” says Marcy, “the Administration is going to start redacting Civics textbooks, because the workings of government are so terribly sensitive.”

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THE TRUTH...

is the first thing despots go after. An unwavering commitment to it is probably what draws you to Mother Jones' journalism. And as we're seeing in the US and the world around, authoritarians seek to poison the discourse and the way we relate to each other because they can't stand people coming together around a shared sense of the truth—it's a huge threat to them.

Which is also a pretty great way to describe Mother Jones' mission: People coming together around the truth to hold power accountable.

And right now, we need to raise about $400,000 from our online readers over the next two months to hit our annual goal and make good on that mission. Read more about the information war we find ourselves in and how people-powered, independent reporting can and must rise to the challenge—and please support our team's truth-telling journalism with a donation if you can right now.

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