Who needs Congress in an imperial presidency?
President Bush named Republican fundraiser Sam Fox as U.S. ambassador to Belgium on Wednesday, using a maneuver that allowed him to bypass Congress where Democrats had derailed Fox's nomination.
Democrats had denounced Fox for his 2004 donation to the Swift Boat Veterans for Truth. The group's TV ads, which claimed that Sen. John Kerry exaggerated his military record in Vietnam, were viewed as a major factor in the Massachusetts Democrat losing the election.
Recognizing Fox did not have the votes to obtain Senate confirmation, Bush withdrew the nomination last month. On Wednesday, with Congress out of town for a spring break, the president used his power to make recess appointments to put Fox in the job without Senate confirmation.
This means Fox can remain ambassador until the end of the next session of Congress, effectively through the end of the Bush presidency.
Bush also used his recess appointment authority to make Andrew Biggs deputy director of Social Security. The president's earlier nomination of Biggs, an outspoken advocate of partially privatizing the government's retirement program, was rejected by Senate Democrats in February.
Update: Dodd is having none of it.
"It is outrageous that the President has sought to stealthily appoint Sam Fox to the position of ambassador to Belgium when the President formally requested that the Fox nomination be withdrawn from the Senate because it was facing certain defeat in the Foreign Relations Committee last week. I seriously question the legality of the President's use of the recess appointment authority in this instance. 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. This is underhanded and an abuse of Executive authority — sadly this behavior has become the hallmark of this administration."