John Yoo responds to Lawrence Tribe's article defending Obama's sham-recess appointments. http://www.nationalreview.com/corner/287439/cordrays-tribe-john-yoo > First, on the history: All of the precedents cited by Tribe occurred when the Senate was adjourned. The question was when does an adjournment of the Senate become long enough to qualify as a “recess” under Article II, Section 2 of the Constitution. As far as I know, and Tribe cannot claim to the contrary, no president has ever made a recess appointment when the Senate was formally in session. This is not a question of when does an adjournment become a recess — here, there has been no adjournment. Tribe's original article: http://www.nytimes.com/2012/01/06/opinion/games-and-gimmicks-in-the-senate.ht...
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