Can Donald Trump Do That?
Unpacking the facts in a time of constitutional uncertainty
Donald Trump is a master of distraction, a flim-flammer on par with Billy Flynn himself, capable of hijacking any media cycle to serve his interests. That effort was made easier this week when MSNBC anchors Joe Scarborough and Mika Brzezinski took a groveling pilgrimage to Mar-a-Lago to beg Trump’s forgiveness for all the tough coverage.
Joe and Mika’s embarrassing apology session led to fresh media industry fears that Trump would crack down on the many press outlets that make up his bulging enemies list. Those fears turned into an outright panic when Trump nominated Project 2025 co-author Brendan Carr to chair the powerful Federal Communications Commission, which oversees the media. Enemies of the democratic order are wiggling their way into Trump’s government with astonishing speed.
Trump’s flurry of activity — and his promises of fresh horrors to come — have plenty of people wondering how much of the president-elect’s yapping is the real deal and how much is trademark Trumpian bluster. Let’s separate the facts from the Trumpspiracies.
CAN DONALD TRUMP: Use recess appointments to fill his Cabinet?
Not really. While the president does have the power to appoint Cabinet officials when the Senate is out of session, Senate leaders also need to agree to adjourn. That won’t be an easy task even with Republicans soon to be back in control of the upper chamber.
Sen. Kevin Cramer warned that senators wouldn’t tolerate efforts to undermine their confirmation power — even if it was Trump doing the asking. Sen. Mitch McConnell also spoke out in opposition. Incoming Senate Majority Leader John Thune also threw cold water on any plans for recess appointments, for the very good reason that the confirmation process works perfectly fine as-is. Without Thune, Trump’s scheme stops dead in its tracks.
That’s bad news for creeps like now-former Rep. Matt Gaetz, who Trump nonsensically nominated as America’s next attorney general. Republican senators are already warning that Gaetz won’t survive a confirmation hearing and that public questioning from furious senators could cause serious damage to Republicans’ popularity. Trump has every reason to search for a way around a disastrous confirmation vote.
CAN DONALD TRUMP: Force the Senate to adjourn?
That’s not as easy to answer as you might think — and that’s a pretty unnerving feeling. While Trump can’t directly force Thune and Senate Republicans to take an unscheduled vacation, conservative legal activists are stepping forward with an argument that Trump and House Speaker Mike Johnson could work together to effectively force the Senate out of session.
And since Trump isn’t exactly one for subtlety, Fox News spelled it out for him in an article titled — and I’m serious here — How Trump and Speaker Johnson could force the Senate to adjourn and allow recess appointments.
The argument hinges on a president’s power to adjourn Congress if the House and Senate can’t reach an agreement on when to adjourn themselves. That power has never been used, so there’s plenty of debate over what constitutes a “disagreement” over when Congress should close up shop. If it were tried, the Senate would have a stark choice: Confirm all of Trump’s unqualified nominees or be forced out of session, where Trump would appoint them himself.
Republicans aren’t hiding their love for this approach, either. Take Mike Davis, who leads the conservative Article III project. Here’s what he told Fox News:
"The Senate’s job is to provide advice and consent. The American people overwhelmingly elected President Trump in a landslide victory. The American people expect the Senate to confirm all of President Trump’s qualified nominees. If the Senate refuses to do that, the Constitution provides a mechanism for the president and the executive brand to [sidestep] them."
CAN DONALD TRUMP: Pull America out of NATO on Day One?
Not a chance, buckaroo. Not only has Trump recently been softening his NATO stance, there isn’t even a mechanism for immediate removal from America’s most important military alliance. Phew!
Being European, leaving NATO naturally requires Trump to write a letter to the alliance announcing America’s decision to break up. From there, the clock starts on a one year countdown to the country’s formal departure from the alliance. But that isn’t all. The senate would like a word, too.
In December 2023 Congress approved and President Joe Biden signed a landmark law that bars any president from withdrawing America from NATO without approval from the Senate. And that approval won’t be forthcoming — not with the senate still requiring 60 votes to pass legislation. But if Republicans killed the filibuster…
CAN DONALD TRUMP: Kill the senate filibuster?
Not with this senate. Despite the fact that a growing number of senate Republicans are frothing MAGA mutants, a majority of lawmakers are on the record staunchly defending the filibuster. Republicans also had an opportunity last week to elect a senate leader who was willing to bend cloture rules in order to ease Trump’s path to power. They resoundingly rejected that candidate in favor of Thune, an establishment institutionalist who made clear his strong opposition to ending the filibuster.
CAN DONALD TRUMP: Ever be wrong?
Not according to goo-brained Texas Rep. Troy Nehls. “If Donald Trump says tariffs work, tariffs work,” Nehls said. “Because Donald Trump is really never wrong. Think about it. He is never wrong.”
Nehls had even more fawning praise for the president-elect last week. “He’s got a mission statement of his mission and his goals and objectives. Whatever that is, we need to embrace it. All of it. Every single word,” Nehls told reporters. “If Donald Trump says jump three feet high and scratch your head, we all jump three feet high and scratch our heads. And that’s it. He’s the greatest thing since sliced bread!”
What Now?
Four words: Supreme Court Justice Judy.