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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DEMOCRACY DOES NOT EXIST...

without free and fair elections, a vigorous free press, and engaged citizens to reclaim power from those who abuse it.

In this election year unlike any other—against a backdrop of a pandemic, an economic crisis, racial reckoning, and so much daily bluster—Mother Jones' journalism is driven by one simple question: Will America move closer to, or further from, justice and equity in the years to come?

If you're able to, please join us in this mission with a donation today. Our reporting right now is focused on voting rights and election security, corruption, disinformation, racial and gender equity, and the climate crisis. We can’t do it without the support of readers like you, and we need to give it everything we've got between now and November. Thank you.

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