• Congress enjoyed a recess for the Thanksgiving holiday period, but not all members of the Senate availed themselves of the break. The Constitution gives a President authority to make appointments to top federal positions without Senate approval if that chamber is adjourned for more than three days without reconvening on the fourth. Those so appointed may serve through the current and next congressional sessions, which in this case would be January 2009.
To prevent such appointments, Senate Majority Leader Harry Reid (D-Nev.) set up “pro forma” sessions, ensuring that a senator showed up at least every fourth day. In the first such session, Sen. James Webb (D-Va.) was introduced as the Senate president pro tempore; he terminated the session 22 seconds later. Bush’s recess appointment list included Robert Sturgell as the FAA Administrator, Ed Schafer as Secretary for Agriculture and James Peake as Secretary of Veterans Affairs.