in recess. if the senate is not in recess. i mean what is he going to do? if the senate leaves for a weekend will he decide to weekend appoint then? this isn't the president's prerogative, there is a constitutional precedent. but the context is the president wants to say congress is obstructionist and line up as many examples as he can give. this is going to be one of them. >> bret: a.b.? >> i think partisan on both sides. he knew it would. it makes democrats happy he did this and makes the republicans furious he did this. you call it illegal power grab. if you look at persuadable independent voters who see the congress as paralyzeed i don't know that he does too much damage to himself with the recess appointment. >> whether or not it becomes a big political issue, it is a big issue. if the president wants to breach the constitution to achieve something important, let's say he needs a secretary of defense and he can't have it. he says okay, i'll decide, the senate is in recess and i'll do it. that is one thing. but as reported in the "times" this morning this is time and