Freedom Caucus Demands 10-Day Senate Recess So Trump Can Make Recess Appointments Before Democrats Take Control

House Freedom Caucus Chairman Andy Harris called Wednesday for Senate Republicans to take a 10-day recess during the remaining weeks of the 119th Congress so President Donald Trump can make recess appointments before Democrats assume control of both chambers in January.

Harris made the proposal at a Freedom Caucus press conference as members outlined their priorities for the lame-duck period. “If they don’t want to spend all 52 days, that’s fine. Let’s take a 10-day recess so the president can make some recess appointments that can last for a year,” Harris said. He added that the appointments would run “through the first year of Democrat rule.”

The Maryland Republican argued that the Senate should either remain in session to confirm as many of Trump’s pending nominees as possible or adjourn long enough for the president to exercise the recess appointment power under Article II, Section 2 of the Constitution. That provision allows the president to fill vacancies that occur during a Senate recess. Appointments made during a recess of sufficient length typically last until the end of the next session of the Senate, providing roughly a year of service without a confirmation vote.

The call comes days after Democrats won control of the House and Senate in the November 4 midterm elections. Republicans retain majorities only until the new Congress convenes on January 3, 2027. The Freedom Caucus has circulated a letter to House Speaker Mike Johnson and Senate Majority Leader John Thune urging full use of the remaining calendar. Harris said Republicans “should not leave town until these priorities are completed and Democrats are denied every possible leverage.”

In addition to nominee confirmations and potential recess appointments, the caucus is pressing for voter identification legislation for federal elections, a ban on congressional stock trading that would also cover the executive branch, and codification of the Trump administration’s border enforcement policies. Members have also called for holding spending at current levels, opposing a year-end omnibus, and advancing energy permitting measures. Harris and other caucus members have stated that lawmakers should remain in Washington through the holidays if necessary to complete the work.

Senate Republicans have separately discussed maximizing the roughly 50 remaining days to confirm judicial and executive nominees. As of earlier this week, dozens of judicial nominees and nearly 100 executive branch nominees were still pending. Majority Leader Thune has indicated that Republicans intend to use the lame-duck period to advance core priorities before the majority shifts.

Recess appointments have been used by presidents of both parties when the Senate is not in session. A true recess of at least 10 days has historically been treated as sufficient to trigger the authority, though courts have addressed the distinction between actual recesses and pro forma sessions. The Freedom Caucus proposal would require Senate agreement to adjourn for the specified period rather than holding pro forma sessions that prevent the appointment power from being exercised.

No formal response from Senate leadership to the 10-day recess request had been reported as of Thursday. The caucus has framed the remaining weeks as the final opportunity to lock in elements of the administration’s agenda before Democratic majorities control the legislative calendar and confirmation process.