'NO PRO FORMA SESSIONS': Trump Heats Up Recess Battle With Mike Lee, Thomas Massie Accusations Against GOP Leaders
Source: MEDIAite
Jul 26th, 2025, 7:42 pm
President Donald Trump has increased the pressure on the U.S. Senate to skip recess and instead to stick around to confirm the “backlog” of 135 appointees yet to be confirmed to their respective posts, echoing Utah Republican Sen. Mike Lee and other Republicans.
Trump quoted Lee indirectly calling out majority leader Sen. John Thune, whom Trump was already pressuring, over pro-forma sessions that frequent Trump foil Rep. Thomas Massie says are meant to thwart any potential recess appointments. Trump has been pressuring Republican leadership to cancel the scheduled August Recess altogether, with a Truth Social last Saturday name-checking Thune specifically.
“Hopefully the very talented John Thune, fresh off our many victories over the past two weeks and, indeed, 6 months, will cancel August recess (and long weekends!), in order to get my incredible nominees confirmed,” he wrote. “We need them badly!!!”
That kicked off a week of back-and-forth among Republicans on the prospect of either cancelling the recess, or leaving in full to allow Trump to make recess appointments. Sen. Lee and fellow Republican Sen. Ron Johnson of Wisconsin were both among those calling for Trump to simply make recess appointments. “Tell your senators to either (1) stay & get the job done, confirming the 135 Trump nominees pending in the Senate, or (2) recess & let President Trump make recess appointments, as authorized by the Constitution,” wrote Lee on Wednesday.
Read more: https://www.mediaite.com/media/news/no-pro-forma-sessions-trump-heats-up-recess-battle-with-mike-lee-thomas-massie-accusations-against-gop-leaders/
The dumbshits don't realize that the "Pro Forma" sessions are not "every 4 - 5 days" but were designated in a Senate Rule that follows the Constitution's requirement that indicates a chamber cannot suddenly adjourn for more than 3 days without letting the other chamber agree to that.
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Section 5.
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Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
https://www.law.cornell.edu/constitution/articlei
There was a practical reason for Recess Appointments during the says when travel to the Capitol was more arduous. But it was abused over and over in modern times to get around confirmations, the breaking point being Shrub's Recess appointement of Bolton to be Ambassador to the U.N. After that, the Senate adopted a Rule where they will gavel in every 3 days (usually using a Senator from one of the states near D.C.), go through a minimal "session", and then gavel back out, adjourning "Subject to the Call of the Chair" - so not really "in recess".
Recess appointments would only remain in the position for that Congress' term (so no more than 2 years). Obama attempted to "test" the Rule, arguing that they weren't really "in session" and he did some Recess Appointments of NRLB members. He was eventually smacked down by the SCOTUS that pointed to the Constitution that says -
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Section 5.
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Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
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https://www.law.cornell.edu/constitution/articlei
Good summary and recent history of Recess Appointments and Pro Forma sessions here - https://www.congressionalinstitute.org/2007/12/03/blocking-recess-appointments/
Congressional Institute
Dec 03, 2007
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Of course, if there is no recess, there can be no recess appointments. The House and Senate take several recesses through the year. Traditionally, they have taken a two-week recess for the Thanksgiving holiday. The Constitution says (Article I, Section 5, Clause 4) that “Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days…”
So, in order to allow the Senators to leave Washington for more than three days as if it were in a recess without actually declaring a recess, the Senate meets in what is called “pro forma” session once every three days. Pro forma means, “in form only.” In the case of a pro forma session of the Senate, the Senate convenes, the chaplain says a prayer, and Senate adjourns*. The Majority Leader usually needs the cooperation of a majority party Senator who lives in Washington D.C. or represents one of the nearby jurisdictions.
As long as the Senate conducts a pro forma session every three days it is never actually in recess and the President cannot make a recess appointment. In this way, Majority Leader Reid prevented President Bush from making any additional recess appointments over the Thanksgiving recess.
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* My own note here to say they neglected to mention the flag-obsession, so the Pledge of Allegiance is also part of that opening of the Pro Forma session too.
They do sometimes conduct some minimal "Morning Business", but generally, the whole thing is no more than 30 minutes. Also by the time Obama was elected, Turtle began the sustained block of his nominees and the idea of Pro Forma sessions slowly became entrenched, trickling the number of such appointments down substantially, and then pretty much eliminating the ability for Presidents to do Recess Appointments at all since.
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