So Much for Separation of Powers
Senator Mike Lee finally got his hands on the Office of Legal Counsel's (OLC) legal advice they gave to President Obama over his recent "recess" appointments to the CFPB and NLRB.
From Senator Lee's office:
WASHINGTON – Today, Senator Mike Lee voiced concerns over the legal advice provided to the President by the Justice Department's Office of Legal Counsel (OLC) regarding presidential recess appointment authority.
"In the memorandum released today, OLC effectively asserts that the President may unilaterally determine if and when the Senate is in recess for purposes of exercising his recess appointment power. This remarkable and novel assertion breaks with 90 years of historical precedent. Even more disturbing, this conclusion violates the basic separation of government powers enshrined in our Constitution," said Senator Lee, a member of the Senate Judiciary Committee. [emphasis added]
"The Justice Department's inadequate justification for President Obama's recent recess appointments is a shocking example of this administration's willingness to circumvent Congress and ignore the Constitution in order to achieve its controversial political agenda."