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The White House and the Justice Department maintain that the Senate was on a lengthy absence, even though it considered itself to be meeting regularly, when Mr. Obama made the recess appointments.
"Though it considered that the Act removed my privilege in these two cases, the Court of Appeal considered the arguments put forward on my behalf in great detail in its judgment.
Page A11 APPOINTMENTS DEFENDED President Obama had the lawful power to consider the Senate to be on a break -- even though it considered itself to be meeting regularly -- when he made a set of highly disputed recess appointments, the Justice Department concluded.
WASHINGTON — President Obama had the lawful power to consider the Senate to be on a lengthy absence — even though it considered itself to be meeting regularly — when he made a set of highly disputed recess appointments last week, the Justice Department concluded in a legal memorandum disclosed on Thursday.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com