by Andrew Traver is out of luck in terms of getting a recess appointment. The 112th Congress, 1st Session convened at 12 noon today.
Checking the White House website regarding any more recess appointments, the last – and only ones – were made on December 29th.
Now it remains to be seen whether Obama will renominate Traver to head the Bureau of Alcohol, Tobacco, Firearms, and Explosives. If he does, the chances of being confirmed by the Senate are even less today than they were in November. When the Senate went into sine die adjournment on December 22nd, they returned Traver’s name to the President.
Huh? Can't Obama do a recess appointment when the Senate is on vacation? (I don't see any reason he has to even renominate him.) Look at this example where G. W. Bush appointed a judge in April 2003, which is an equivalent point of Obama's Administration.
He could have, but now that congress is in session, the recess in which he could have made a recess appointment has ended.
And the Senate isn't going to recess any time in the next two years? Especially since it's controlled by Democrats who might be willing to give Obama cover?