I’ll Sneak You in at Recess: Edelman is Your New Under Secretary of Defense

On August 9, 2005, President Bush appointed Eric S. Edelman as the new under secretary of Defense for policy at the Pentagon. Mr. Bush’s appointment does not have Senate approval, since Congress is on recess.

Recess appointments are a not-too-uncommon way to secure a troubled nomination. This is President Bush’s 106th recess appointment, but before you gasp, consider President Clinton’s 140 and President Reagan’s 240.

Some say that recess appointments disrupt the government’s delicate system of checks and balances, while others consider them a necessary evil sprung from partisan politics.

Consider Edelman’s nomination: his confirmation was held up not because Senators doubted his abilities, but because Democrats wanted documents from his predecessor’s office.

Levin’s request

Two years ago, Senator Carl Levin of Michigan asked the Pentagon to hand over 200 pages of documents related to the war in Iraq. Specifically, Levin requested information on Douglas J. Feith, the former under secretary of Defense for policy.

Levin believes that, prior to the Iraq war, Feith helped to convince the White House that former Iraqi President Saddam Hussein was affiliated with al Qaeda. Defense officials now know that there were no substantial ties between al Qaeda and the Iraqi government.

If Feith shaped prewar and war policy according to this false assumption, Levin and others would like to know about it. But the Pentagon has refused to hand over the documents, citing "confidentiality interests" and the "unnecessarily burdensome" nature of the task.

In response, Levin, as the top Democrat on the Armed Services Committee, refused to confirm the Edelman nomination. At Edelman’s hearing, Levin said, "It is not my intention to hold up the nomination. My intention is to get documents."

Confirmation as bargaining chip

It may seem unreasonable to hold up a confirmation because of an unrelated issue, but doing so isn’t out of the ordinary.

When President Bush nominated Michael W. Wynne to be the Pentagon’s acquisition chief, the confirmation process was slowed when Republican John McCain of Arizona demanded records from a deal between the Boeing Company and the Air Force.

Two years later, when the position needed to be filled again, the confirmation process was disrupted again. This time, Senators Saxby Chambliss and Johnny Isakson threatened to hold up the confirmation of Kenneth J. Krieg if the Pentagon did not continue production of C-13OJ cargo planes in their home state of Georgia.

Who is Edelman anyway?

Senators aren’t complaining much about Edelman himself, who has served as ambassador to both Turkey and Finland. Edelman also acted as Vice President Dick Cheney’s deputy assistant for national security. At the hearing, Edelman’s answers to foreign policy questions were in line with Bush administration views.

Check the checks and balances

At issue is the integrity of the Senate confirmation process. Recess appointments and stalled confirmation proceedings both threaten the system of checks and balances and illustrate its importance.

The Senate’s confirmation of nominees ensures that the Executive Branch does not become too powerful, but what does it mean when partisan politics disrupt that process? What do you consider to be a fair nomination and confirmation procedure? Should recess appointments be allowed?

What do you think?

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Update Posted on: 8/14/2005