public. red line for republicans in the senate is firing mueller, they re holding what s called pro forma sessions. that means the president cannot make a recess appointment if he decides to make some move on this. let s talk about the president. last night in west virginia in front of his base, this is his oxygen. and it felt like a campaign rally. and even a campaign rally theme returned last night, lock her up. listen it just makes them feel better when they have nothing else to talk about. [ cheers ] what the prosecutor should be looking at are hillary clinton s 333,000 deleted emails [ cheers ] hard to believe we are past the six-month mark in talking about a private citizen, locking her up. regardless of how you feel about hillary clinton. otherwise, the notion of this
Detailed text transcripts for TV channel - FOXNEWS - 20170801:09:11:00
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forma sessions. just to keep the appearance of being open. so a recess appointment, the two to be long the too long not to read version, would be difficult to do. you asked about the end game. it s not clear to me that there is an end game. you know, one of our colleagues wrote about how as much as he s known for saying you re fired, president trump doesn t really like to directly fire people. it s true. he s a people pleaser. the people around him, he is a people pleaser personally when he s in a small group. he had his bodyguard deliver a letter to the fbi director while the director was in california. right. just to give you some context on how he fires people. quickly, on it s great. the gop still searching for a way forward on health care. yes. they wouldn t do a straight repeal. now what? what is the path forward for them? again, we don t know. and you know what, mitch mcconnell doesn t know either. and that s what s remarkable about this.
these recess appointments were thrown out. so in terms of vindicating the constitution separation of powers, this is a very important decision. basically saying the president had decided unilaterally to say, i think the senate is in session. therefore, i will appoint these, even if the senate says itself, it is not in session. right. the senate was conducting something called pro forma sessions, precisely to prevent the white house from making recess appointments, and he said, oh, no, no. this count as a recess, i m going to go ahead and make these appointments anyway. quick detail, justice breyer arbitrarily said a break in the session should be at least ten days. the one obama was citing was three days. and the liberal justices simply couldn t swallow the idea that s a real recess. what s the practical implication of this for the president s power to appoint, make recess appointees, the whole point of which was to say all right, congress, back in the founding days, took two o
obama administration. it was a unanimous decision, etch wi even with the liberal justices, etch with this president s former solicitor general. i don t think there s any way around that. but, you know in a larger sense, i think that the president does make a fair point in saying you don t want me to take executive action? how about you guys take some legislative action. angela, go ahead. there s a couple things. one is we re back to this recess appointment point, but we were on the executive orders point. but relative to this recess appointments issue it wasn t a recess appointment. the senate was not in recess. i m sorry, to my point, recess appointments, pro forma is as a matter of form. staffers aren t at work. when you were there, you were in jeans. i was not, actually. that s fine. the point is they weren t technically in session. it is two lawyers. i m a lawyer. it is to lawyers to decide how to argue and interpret the law. that is the role of the justice system.
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