Think Progress

Swift Boat funder’s appointment may be illegal.

Mary Ann Akers of the Washington Post explains why President Bush’s recess appointment of Sam Fox as ambassador to Belgium may break the law:

To fight the Fox appointment, Democrats are questioning the Bush administration’s plan to have Fox serve in a voluntary capacity — receiving no pay for his duties as ambassador. This is an important legal technicality, as federal law prohibits “payment of services” for certain recess appointments. However, if the recess appointee in question agrees that he or she will take an unpaid position and not sue the government at a later date for compensation, then the appointment can go forward, at least as the White House sees it. …

But here’s the rub that makes Democrats view Bush’s recess appointment of Fox as a major-league no-no: Federal law prohibits “voluntary service” in cases where the position in question has a fixed rate of pay, as an ambassadorship does. That’s how the Government Accountability Office, an arm of the Democratic-controlled Congress, interprets the law.

Sen. Chris Dodd (D-CT) said today, “I intend to seek an opinion on the legality of this appointment from the General Accountability Office and invite other Senators to join with me in that request.”



64 Responses to “Swift Boat funder’s appointment may be illegal.”

  1. Zep Tepi says:

    I don’t know much about the legality of the pay issue but this isn’t the first time Bush has made recess appointments.

    I just feel, my opinion, that Fox is not good Ambassador material.


  2. paland says:

    Is it impeachment time yet?


  3. Zooey says:

    Does this mean we’re waffling on Belgium?


  4. Simplify says:

    Not to mention that the whole point of recess appointment power is for the President to be able to fill a vacancy when the vacancy opens up during Congressional recess and needs to be filled before Congress convenes again, which in the early days of the republic could be weeks or even months.

    It is long past time for us to put an end to this unconstitutional Presidential “power.”


  5. JPark says:

    I am pretty sure Clinton made a recess appointment for Luxembourg because the righties had a fit his nominee was gay. I am not sure where this is going. It has plenty of precedence. Perhaps we should get rid of recess appointments.


  6. marywho says:

    once again bush bends the American people over and sticks it to us.
    how many more times is congress going to drop the soap


  7. marywho says:

    once again bush bends the American people over and sticks it to us!!!!!!!!!!!!!
    how many more times is congress going to drop the soap?????


  8. AshenShard says:

    JPark,

    I don’t think we should get rid of recess appointments, they are necessary, but maybe make it clear that they can only be used in emergency situations and also put a clause in that the President cannot appoint someone whom congress has already rejected and that person cannot be appointed if they were nominated and then withdrawn. I think that covers all the loopholes.


  9. Zep Tepi says:

    Does this mean we’re waffling on Belgium?
    Comment by Zooey

    *snort*


  10. TerrytheTurtle says:

    That’s right Ashenshard, who knows what might happen if there’s no US ambassador to Belgium….


  11. ForTruth says:

    Watch this version of the Karl Rove Pelting Incident has a brief interview with the head of the college repukes, tell me what your gaydar is registering.


  12. Zep Tepi says:

    It is long past time for us to put an end to this unconstitutional Presidential “power.”

    Comment by Simplify

    I agree, with todays technology there is no reason to have such a rule.


  13. ForTruth says:

    Waffling on Belgum? Heh.


  14. JT says:

    Good lord, this is a stretch; an accusation that Bush has done something wrong which is viewed as commonplace and certainly not without precedent (from either side of the partisan aisle). This is an ambassador to Belgium for goodness sakes!! The person leading the charge: Kerry.

    Here’s the real issue: the Dems are still upset that one of their candidates for the earlier presidential election (Kerry) was soundly discredited by his own military colleauges and roundly characterized as unfit for a leadership role.

    Further, courtesy of powerlineblog.com:

    That the Vets have been “discredited” is a commonplace not only on the left, but in the mainstream media. Yet it is hard to find any explanation of where this “discrediting” lies. Most of what the Vets said in their ads has never been disputed, let alone discredited. Their most effective ad showed pictures of John Kerry in his anti-Vietnam war days, and quoted Kerry’s own speeches. The ad was important because most voters had no idea that Kerry had accused his fellow servicemen of being war criminals. The Vets also exposed the lie of Kerry’s “Christmas in Cambodia,” which Kerry now admits was false. Another ad showed officers who had ranked above Kerry in the chain of command, and who now consider him unfit to be commander in chief. How has that been discredited?

    In fact, there was only one SBV ad the accuracy of which is even disputed, the first one that talked about the medals Kerry was awarded during his Vietnam service. Some of those facts are still uncertain, but the thrust of the ad, that Kerry’s purported heroism in Vietnam was being grossly over-sold, was certainly true.

    So: Bravo to President Bush for standing by Sam Fox and, implicitly, by the Swift Boat Vets.

    Those of you who engage in emotional or personal attacks in the face of reasoned debate, please don’t join in this intellectual discourse. Your ilk are needed over at Huffington post.


  15. Sharon says:

    Screw all this, just get rid of this damn bush/ cheney/ rice / rove entire administration..Impeach the basterd’s and end of problem’s..America can’t last with a year and a half of these f***up’s…Blessings


  16. Kate Henry says:

    Wow…it’s so nice to see Congress hold King George’s feet to the fire. I’m loving it. Something new every day and the Rethugs keep walking right into the fire.


  17. Raymond Funamoto says:

    ACCOUNTABILITY COMES TO CHIMPya
    AND CHIMPya IS AFRAID, VERY VERY AFRAID!!!!!


  18. right wing nut says:

    Yeah. What JT said. And don’t forget that Clinton had sex with a goat. And the Democrats faked the moon landing and have contrails in the sky just loaded with coke. Read this and other right wing factoids at any Rightwing mag.


  19. Wayne says:

    Does this mean we’re waffling on Belgium?

    Comment by Zooey

    LMAO


  20. shane says:

    Does this mean we’re waffling on Belgium?

    Comment by Zooey — April 4, 2007 @ 11:15 pm

    Is that wine number 2 your magic number?

    Cause you are 2 funny, unless you’re 3 funny.


  21. Zooey says:

    Cause you are 2 funny, unless you’re 3 funny.
    Comment by shane

    Girl, I’m 1 1/2 funny. :D

    Isn’t that just too sad?


  22. butch says:

    little w is the first to toss out names at anyone who disagrees with him. and where do u think he learns those words? u guessed it rovey and chaynay. and they pass the note around to whole class via their underlings at fauxnews.


  23. Zooey says:

    Get this: I get an email off board saying it’s not wise to drink and blog. How did he know!? *snort*


  24. Zep Tepi says:

    So: Bravo to President Bush for standing by Sam Fox and, implicitly, by the Swift Boat Vets. -JT

    What does this have to do with Sam Fox who was never on a swift boat?


  25. Wayne says:

    Swift Boat funder’s appointment may be illegal.

    And how many more illegal things does he have to do for Impeachment to finally be back on the table!!??!!??

    Geez…….


  26. Zep Tepi says:

    So: Bravo to President Bush for standing by Sam Fox and, implicitly, by the Swift Boat Vets. -JT

    Are you aware JT that Harbour group has ties with Abramoffs group?
    [Alexander Group]


  27. Zep Tepi says:

    I get an email off board saying it’s not wise to drink and blog. How did he know!?

    Bahh I do it all the time and never have I got a BUI! =)


  28. shane says:

    Those of you who engage in emotional or personal attacks in the face of reasoned debate, please don’t join in this intellectual discourse. Your ilk are needed over at Huffington post.

    Comment by JT — April 4, 2007 @ 11:30 pm

    Why don’t you just go watch Fox News and the next time you get an idea, keep it to yourself.


  29. shane says:

    Girl, I’m 1 1/2 funny. :D

    Isn’t that just too sad?

    Comment by Zooey — April 4, 2007 @ 11:51 pm

    Nope, I’m a hangover after 1 person, saves money and time, teehee.


  30. JPark says:

    #28 Those types don’t GET ideas. They RECEIVE ideas.


  31. shane says:

    Bahh I do it all the time and never have I got a BUI! =)

    Comment by Zep Tepi — April 4, 2007 @ 11:58 pm

    You guys are “smokin” so keep it up!


  32. shane says:

    Comment by JPark — April 5, 2007 @ 12:06 am

    What to you think JT stands for, Just o’ Turd or Jerkiest Troll.


  33. Zooey says:

    Bahh I do it all the time and never have I got a BUI! =)
    Comment by Zep Tepi

    I remember one time you were boggling my brain – -and I wasn’t drinking then. Busted — your first BUI. :D


  34. Zooey says:

    Nope, I’m a hangover after 1 person, saves money and time, teehee.
    Comment by shane

    And effort….. Heh.


  35. Sharon says:

    Hey, jt this is not red state and your no progressive..Back under the bridge troll…


  36. Wayne says:

    Comment by JT

    Your lies posted from reich-winged powerline don’t pass here. Show something from a reputable source to back your claims.
    For example, the actual Naval records…..


  37. Zooey says:

    For example, the actual Naval records…..
    Comment by Wayne

    Facts? JT don’t need no stinking facts….he’s happy with the piss in his shoes.


  38. Marie says:

    This is another example of the little-boy-king and his infamous temper tantrums.
    “I do what I want when I want. I am the king — you’re not the boss of me!”


  39. JPark says:

    #32 I am guessing I would get deleted if I told you what I really thought it meant.


  40. JPark says:

    #38 What fun is being the Deciderer when somebody slaps your hand for Decidering?


  41. Zep Tepi says:

    I remember one time you were boggling my brain – -and I wasn’t drinking then. Busted — your first BUI. :D
    Comment by Zooey

    I have boggled my own mind so many times…,, I just wanted to share =)


  42. Zooey says:

    I have boggled my own mind so many times…,, I just wanted to share =)
    Comment by Zep Tepi

    Tonight it was my turn. :-D


  43. Zep Tepi says:

    What fun is being the Deciderer when somebody slaps your hand for Decidering?

    Comment by JPark

    Decidering which hand to slap?


  44. JPark says:

    #8 Maybe. I have no clue what an emergency would entail. I mean, would it matter if we didn’t have an embassador for a week?


  45. butch says:

    first he was a uniter
    then he was a decider
    turns out he aint neither


  46. shane says:

    am guessing I would get deleted if I told you what I really thought it meant.

    Comment by JPark — April 5, 2007 @ 12:19 am

    Go ahead cause I think Zooey and Zep Tepi will be distracting any moderator for a while. They may be talking dirty but who can be sure.


  47. Zep Tepi says:

    Tonight it was my turn. :-D
    Comment by Zooey

    And the morrow perhaps as well.


  48. Zooey says:

    And the morrow perhaps as well.
    Comment by Zep Tepi

    You might very well be right. :D

    I’m crashing. Goodnight, Zep.


  49. Zep Tepi says:

    Go ahead cause I think Zooey and Zep Tepi will be distracting any moderator for a while. They may be talking dirty but who can be sure.
    Comment by shane

    Nope, thoughts are clear =)


  50. Zep Tepi says:

    I’m crashing. Goodnight, Zep.
    Comment by Zooey

    GN Z


  51. JPark says:

    #46 Nah, I am way too classy to name-call!! :)


  52. shane says:

    Nope, thoughts are clear =)

    Comment by Zep Tepi — April 5, 2007 @ 12:35 am

    Dang – I’ve been married so long I live vicariously through others.

    This is my only vice so I’m not exactly living on the edge. Thanks for the Firefox info on the other thread.


  53. Jay Randal says:

    Bush insults Belgium, because he wants to appoint a stooge who will get paid under the table to be our US Ambassador. The claim that he will take the position for free is baloney.


  54. criticalthinker says:

    The Congress is our representation in the operation of the government, so when the president bypasses them, in reality he is bypassing us.

    But, I would not expect the typical 30%’er Republican to even realize that Bush is insulting them and not the Democrats!


  55. Perry Logan says:

    I guess Republicans just hate Viet Nam War veterans. Here’s a good debunking of the Swiftboat slanders against Kerry.

    http://swiftvets.eriposte.com/appendixa.htm


  56. Shlomo says:

    We should just write the Belgian government and politely ask them to send Fox back to DC. (Not that they aren’t already thinking about doing just that.) Are the Belgians allowed to reject an ambassador?


  57. Alejandro says:

    Government Accountability Office, an arm of the Democratic-controlled Congress…

    Isn’t the GAO nonpartisan by design?


  58. Hello... says:

    I don’t get it.

    “Federal Law” Prohibits recess appointment from being paid.

    “Federal Law” Prohibits a recess appointment unless he’s paid.

    Seems highly contradictory…or a tool for either side to complain in the present or future.


  59. Liberals Heart Terrorists says:

    How pathetic. Liberals stand for nothing but hatred for President Bush and veterans.


  60. erkki says:

    Placing volunteers in pay positions is against the law regardless of which party controls Congress. I have dealt with that question for more than 20 years looking for jobs that volunteers may do.


  61. loretta says:

    Have we all had enough of the f*@%#ed up hiring capabilities shown us thus far by BushCo?
    I think we can all agree that Michael Brown was a disaster…and the people placed in Iraq (because they were “loyal Bushies”) have done such a bang-up job there–this only makes me wonder what there is in Belgium that needs this special/particular attention….


  62. richard arrambide says:

    This is so typical of this slimy,disgusting low-life! He’s really showing the world his true colors.He can’t be trusted and is a thieving,dishonorable LIAR! What a sham;ess example of how low a person will stoop to when he’s drunk with power!He’s a disgrace to the office of the presidency! He’s the gollum of politician’s.Please IMPEACH this lunatic/puppet and take Cheney,Rove,Wolfowitz,Rice,Snow,Gonzalez &Fox with him.Take them all out to be hanged for destroying our country.IMPEACH AND HANG NOW!


  63. beingbear says:

    This person is totally untrustworthy.He’s the type who would steal from you while you went to the bathroom.What a total embarrassment to have him represent us as The President. He’s a sham and a disgrace.Truly one of the lowest points in American history!The worst part and even tragic part is how so many are too lazy or stupid,shallow,ignorant,backward,naive,narrow-minded,or just plain innocent and /or willing to be brain-washed with the political spin these gangsters are spewing!If ever 666 – Son of Satan was in the White House, this is it! And to think so many Christians fell for his rhetoric. But the Bible does say -”Even the very elite shall be fooled”. And they have. They elected a man who prefers WAR over Diplomacy.Would Christ be saying -KILL,KILL,KILL? I’m the big personality? The Decider? What a Megalomaniac! IMPEACH NOW,before it’s too late!


  64. Think Progress » ThinkFast: April 6, 2007 says:

    [...] Dodd, John Kerry, and Robert Casey called for an investigation into whether President Bush acted illegally in recess-appointing Swift Boat funder Sam Fox as ambassador to Belgium. “We view the recess [...]



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