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2025-01-09

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Citigroup Inc. Grows Stock Holdings in Frontier Communications Parent, Inc. (NASDAQ:FYBR)A Republican senator has warned his colleagues must “step up” to appoint Donald Trump’s cabinet picks or face recess appointments. Bill Hagerty of Tennessee was on ABC’s This Week that the idea of recess appointments “is and should be on the table”, adding that previous presidents in modern history including Ronald Reagan and Bill Clinton had utilized the constitutional clause allowing appointments when the Senate is not in session. The process would likely set up court battles and fray Trump’s relationship with GOP leaders — all while allowing him to confirm controversial choices despite concerns. “This is a constitutionally available tool,” Hagerty told Jon Karl. “What we want to see is the Democrats co-operate with us. But if the resistance movement gets as heavy as it was... I’ve been through the confirmation process myself. I turned in my paperwork on the 21st of January, I didn’t get confirmed until July.” But when Karl pointed out that Republican votes were the issue, and asked if the president-elect would use recess appointments to force through major positions, Hagerty reiterated his point with a message to other GOP senators. “What he [Trump] wants to do is see these appointments made quickly,” Hagerty replied. “I think everything should be on the table. I think if my colleagues understand that they will know they need to step up and move expeditiously to get these cabinet members confirmed.” The concept of recess appointments is a controversial one, and comes with restrictions: the appointments are temporary, and only last until the end of the applicable calendar year. They would also require the Senate to not be in session — something that members of the upper chamber of Congress could resist. The Senate has never triggered a recess simply for the purpose of allowing a president to make such appointments. But it still leaves open the possibility that Trump could make recess Cabinet appointments during one of the Senate’s scheduled breaks, including the August recess later in 2025. And the president-elect himself has made clear that he plans to utilize the tactic. “Any Republican Senator seeking the coveted LEADERSHIP position in the United States Senate must agree to Recess Appointments (in the Senate!), without which we will not be able to get people confirmed in a timely manner,” he wrote on Truth Social. Republican Senator John Thune was chosen to be the GOP’s new majority leader when the Senate convenes in January. An ally of Mitch McConnell, Thune is an institutionalist and is not likely to wield the power of the Senate to suit Trump’s whims. On policy matters and most votes, however, he’s expected to toe the White House line. The Senate is set to be held by a solid GOP majority come next year; the president’s control is not absolute, however, and he has already seen his pick for attorney general go down in flames. The chamber won’t vote on his picks until next year, but resistance from almost a half-dozen Republicans sunk the bid of Matt Gaetz to lead the Justice Department. None of Trump’s other nominees have withdrawn yet, though a number of Republican senators appear publicly skeptical towards the nomination of Tulsi Gabbard to be director of national intelligence (DNI). Pete Hegseth, Trump’s pick to lead the Department of Defense, is also coming under increased scrutiny as new revelations have come out surrounding a sexual assault case he was involved in. Hegseth has denied that the encounter described in the allegations was nonconsensual. On the right, Trump is also taking flack from traditional conservatives over his nomination of a candidate for secretary of Labor, Lori Chavez-DeRemerm, who supported the Pro Act — a piece of pro-union legislation that failed to pass Congress under Joe Biden’s presidency.
Lynn Hershman Leeson Predicted Our Digital HellscapeIn a filing made public Tuesday, Trump’s lawyers told Manhattan Judge Juan M. Merchan that anything short of immediate dismissal would undermine the transition of power, as well as the “overwhelming national mandate" granted to Trump by voters last month. They also cited President Joe Biden’s recent pardon of his son, Hunter Biden, who had been convicted of tax and gun charges . “President Biden asserted that his son was ‘selectively, and unfairly, prosecuted,’ and ‘treated differently,’" Trump’s legal team wrote. Manhattan District Attorney Alvin Bragg, they claimed, had engaged in the type of political theater "that President Biden condemned.” Prosecutors will have until Dec. 9 to respond. They have said they will fight any efforts to dismiss the case but have indicated a willingness to delay the sentencing until after Trump’s second term ends in 2029. In their filing Monday, Trump's attorneys dismissed the idea of holding off sentencing until Trump is out of office as a “ridiculous suggestion.” Following Trump’s election victory last month, Merchan halted proceedings and indefinitely postponed his sentencing, previously scheduled for late November, to allow the defense and prosecution to weigh in on the future of the case. He also delayed a decision on Trump’s prior bid to dismiss the case on immunity grounds. Trump has been fighting for months to reverse his conviction on 34 counts of falsifying business records to conceal a $130,000 payment to porn actor Stormy Daniels to suppress her claim that they had sex a decade earlier. He says they did not and denies any wrongdoing. The defense filing was signed by Trump lawyers Todd Blanche and Emil Bove, who represented Trump during the trial and have since been selected by the president-elect to fill senior roles at the Justice Department. Taking a swipe at Bragg and New York City, as Trump often did throughout the trial, the filing argues that dismissal would also benefit the public by giving him and “the numerous prosecutors assigned to this case a renewed opportunity to put an end to deteriorating conditions in the City and to protect its residents from violent crime.” Clearing Trump, the lawyers added, would also allow him to “to devote all of his energy to protecting the Nation.” Merchan hasn’t yet set a timetable for a decision. He could decide to uphold the verdict and proceed to sentencing, delay the case until Trump leaves office, wait until a federal appeals court rules on Trump’s parallel effort to get the case moved out of state court or choose some other option. An outright dismissal of the New York case would further lift a legal cloud that at one point carried the prospect of derailing Trump’s political future. Last week, special counsel Jack Smith told courts that he was withdrawing both federal cases against Trump — one charging him with hoarding classified documents at his Florida estate, the other with scheming to overturn the 2020 presidential election he lost — citing longstanding Justice Department policy that shields a president from indictment while in office. The hush money case was the only one of Trump’s four criminal indictments to go to trial, resulting in a historic verdict that made him the first former president to be convicted of a crime. Prosecutors had cast the payout as part of a Trump-driven effort to keep voters from hearing salacious stories about him. Trump’s then-lawyer Michael Cohen paid Daniels. Trump later reimbursed him, and Trump’s company logged the reimbursements as legal expenses — concealing what they really were, prosecutors alleged. Trump has said the payments to Cohen were properly categorized as legal expenses for legal work. A month after the verdict, the Supreme Court ruled that ex-presidents can’t be prosecuted for official acts — things they did in the course of running the country — and that prosecutors can’t cite those actions to bolster a case centered on purely personal, unofficial conduct. Trump’s lawyers cited the ruling to argue that the hush money jury got some improper evidence, such as Trump’s presidential financial disclosure form, testimony from some White House aides and social media posts made during his first term. Prosecutors disagreed and said the evidence in question was only “a sliver” of their case. If the verdict stands and the case proceeds to sentencing, Trump’s punishments would range from a fine to probation to up to four years in prison — but it’s unlikely he’d spend any time behind bars for a first-time conviction involving charges in the lowest tier of felonies. Because it is a state case, Trump would not be able to pardon himself once he returns to office.
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