they could take steps to prevent that. they could hold what's called a proforma session which means the senate is de facto in session, it's not technically in recess so the president cannot make a recess appointment. that's something that a senator in nebraska floated on the senate floor this week. there's maneuvering behind the scenes there to try to prevent the president from taking such a step. >> is that going to be led then by mitch mcconnell, or senator sass is one -- but is mcconnell going to go along with that? >> it depends, that's a big question for the senate majority leader but remember everything in the senate is done by unanimous consent so one senator can essentially effect the process there, so there's a lot of rumbling behind the scenes, they might prevent that from happening. and don't forget that the chairman chuck grassley has said that if president trump decides to get rid of jeff sessions that he's not going to hold any hearings on any new nominee this year.