March 28, 2010 7:27 AM

Obama Makes 15 Recess Appointments

President Obama at Health Care Submit, Thursday Feb. 25, 2010

President Obama at Health Care Submit, Thursday Feb. 25, 2010 (CBS)

(CBS/AP)  Updated at 7:50 p.m. ET

Fed up with waiting, President Obama announced Saturday he would bypass a vacationing Senate and name 15 people to key administration jobs, wielding for the first time the blunt political tool known as the recess appointment.

The move immediately deepened the divide between the Democratic president and Republicans in the Senate following a long, bruising fight over health care. Mr. Obama revealed his decision by blistering Republicans, accusing them of holding up nominees for months solely to try to score a political advantage on him.

"I simply cannot allow partisan politics to stand in the way of the basic functioning of government," Mr. Obama said in a statement.

The 15 appointees to boards and agencies include the contentious choice of union lawyer Craig Becker to the National Labor Relations Board. Republicans had blocked his nomination on grounds he would bring a radical pro-union agenda to the job, and they called on Mr. Obama not to appoint Becker over the recess.

(Scroll down for details on all 15 appointees)

Mr. Obama went ahead anyway, while also choosing a second member for the labor board so that four of its five slots will be filled. The board, which referees labor-management disputes, has had a majority of its seats vacant for more than two years, slowing its work and raising questions about the legality of its rulings.

Overall, Mr. Obama's appointments will take place throughout the week, allowing people to make the transition to their new jobs, White House spokeswoman Jen Psaki said. The news of Becker's appointment drew the bulk of the ire from Republicans.

"Once again the administration showed that it had little respect for the time honored constitutional roles and procedures of Congress," said Republican Sen. John McCain of Arizona, Mr. Obama's foe in the 2008 presidential election. "This is clear payback by the administration to organized labor."

Both Republican and Democratic presidents have made recess appointments, which circumvents the Senate's authority to confirm nominees, when they could not overcome delays. President George W. Bush made more than 170 such appointments in his two-term presidency. President Clinton made nearly 140.

Mr. Obama had been on record as warning of recess appointments if the Senate didn't act. He followed through at the end of a week in which his political standing was significantly bolstered by the party-line passage of a historic health care bill, a student loan overhaul and a hard-fought nuclear arms treaty with Russia.

More on Obama Nominees in the Senate

Obama's 2nd TSA Nominee Pulls Out
Craig Becker Could Be First Casualty of Scott Brown Win
GOP Blocks Obama Nominee Craig Becker
Senator to Allow Most Obama Appointees
Richard Shelby Holds Up Senate for Home State Pork
Embattled TSA Nominee Withdraws

The White House dropped the news in a press release on a quiet Saturday, with Mr. Obama at Camp David and lawmakers home in their districts.

The recess appointments mean the 15 people could serve in their jobs through the end of 2011, when the next Senate finishes its term. A recess appointment ends at the completion of the next Senate session or when a person is nominated and confirmed to the job, whichever comes first.

Mr. Obama filled two posts at the Treasury Department: Jeffrey Goldstein as under secretary for domestic finance and Michael Mundaca as assistant secretary for tax policy. He singled them out: "At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months."

On Becker, Republicans have held up his confirmation for months, saying they fear he would circumvent Congress to make labor laws more union-friendly.

Democrats had failed to overcome Republican delaying tactics on Becker's nomination, and all 41 GOP senators wrote to Mr. Obama on Thursday urging him not to appoint Becker over the break - to no avail. Becker is a top lawyer at the Service Employees International Union and the AFL-CIO.

Labor unions were especially keen on getting Becker installed on the board that is responsible for certifying union elections and addressing unfair labor practices. Under a Democratic majority, the labor board could decide cases or make new rules that would make it easier for unions to organize workers. The board could allow speeded-up union elections that give employers less time to counter organizing drives.

The other pro-union lawyer Mr. Obama named to the board, Mark Pearce, has not faced opposition from Republicans.

The White House says its appointees have been awaiting a vote for an average of seven months.

Mr. Obama named three people to the Equal Opportunity Employment Commission, which has also been operating without a quorum.

The Senate's top Democrat, Harry Reid, welcomed Mr. Obama's move. "Regrettably, Senate Republicans have dedicated themselves to a failed strategy to cripple President Obama's economic initiatives by stalling key administration nominees at every turn," said Reid, the majority leader from Nevada.

Mr. Obama and Democratic leaders say he faces more obstruction, in terms of the number of pending nominees and the length of their delay in getting a vote, than Bush did. The hyper-partisan atmosphere in Washington began long before Mr. Obama's presidency but remains as entrenched as ever, if not worse, during his term.

Already in a struggle with the U.S. Chamber of Commerce over a financial overhaul, Mr. Obama now has another one over Becker. "The business community should be on red alert for radical changes that could significantly impair the ability of America's job creators to compete," the chamber said in a statement.

In February, Democrats fell far short of the 60 votes they needed to push through Becker's nomination. Two Democrats joined Republicans to halt Becker.

Senate Minority Leader Mitch McConnell said Saturday that Mr. Obama's move is "another episode of choosing a partisan path despite bipartisan opposition."

Among those appointed:

Jeffrey Goldstein, to be Under Secretary for Domestic Finance, Department of the Treasury. Goldstein is a former Managing Director of the private equity investment firm Hellman & Friedman LLC, and served as Managing Director and Chief Financial Officer at the World Bank from 1999 to 2004. Previously Goldstein taught economics at Princeton University and worked at the Brookings Institution and the U.S. Department of the Treasury.

Michael F. Mundaca, to be Assistant Secretary for Tax Policy, Department of the Treasury. Mundaca currently is Senior Advisor for Policy within the Treasury Department's Office of Tax Policy and the Acting Assistant Secretary for Tax Policy. In addition to serving in Treasury, Mundaca was a partner in Ernst & Young's National Tax Department, an associate at the law firm Sullivan & Cromwell, and an adjunct professor at Georgetown University Law Center.

Eric L. Hirschhorn, to be Under Secretary of Commerce for Export Administration and head of the Bureau of Industry and Security, Department of Commerce. Hirschhorn is a partner in the Washington, D.C. office of Winston & Strawn LLP. He was also Deputy Assistant Secretary for Export Administration at the Department of Commerce (1980-81).

Michael Punke to be Deputy Trade Representative - Geneva, Office of the United States Trade Representative. Punke's two decades working in the field of international trade law and policy include serving as Senior Policy Advisor at the Office of the United States Trade Representative, serving in the Clinton White House as Director for International Economic Affairs, and as International Trade Counsel to Senator Max Baucus. He was also a partner at the Washington, D.C., office of Mayer, Brown, Rowe & Maw. An adjunct professor at the University of Montana. Punke has also written a novel, two books of nonfiction, and two screenplays.

Francisco "Frank" J. Sanchez, to be Under Secretary for International Trade, Department of Commerce. SSnchez currently serves as a Senior Advisor to Commerce Secretary Gary Locke on international trade issues. He was Policy Advisor on Latin America for the Obama For America campaign, and was chairman of the campaign's National Hispanic Leadership Council. As Special Assistant to President Clinton working in the Office of the Special Envoy for the Americas, Sanchez worked with the National Security Council, the State Department and the U.S. Trade Representative. He was later appointed Assistant Secretary of Transportation.

Islam A. Siddiqui, to be Chief Agricultural Negotiator, Office of the U.S. Trade Representative. Siddiqui is currently Vice President for Science and Regulatory Affairs at CropLife America, where he is responsible for regulatory and international trade issues related to crop protection chemicals. From 1997 to 2001, Dr. Siddiqui served in several capacities in the Department of Agriculture under President Clinton, as Under Secretary for Marketing and Regulatory Programs, Senior Trade Advisor to Secretary Dan Glickman, and Deputy Under Secretary for Marketing and Regulatory Programs.

Alan D. Bersin, to be Commissioner, U.S. Customs and Border Protection, Department of Homeland Security. Bersin was appointed by Homeland Security Secretary Napolitano in April 2009 as Assistant Secretary for International Affairs and Special Representative for Border Affairs in the Department of Homeland Security. Previously, Bersin was Chairman of the San Diego County Regional Airport Authority, served as California's Secretary of Education under Governor Arnold Schwarzenegger, and was Superintendent of Public Education in San Diego. Bersin also served as U.S. Attorney for the Southern District of California for nearly five years, and as the Attorney General's Southwest Border Representative.

Jill Long Thompson, to be Member of the Farm Credit Administration Board. A former Member of the House of Representatives and former Under Secretary for Rural Development at Agriculture, Thompson also served as CEO and Senior Fellow at The National Center for Food and Agricultural Policy. She is the first and only woman to be nominated by a major party to run for Governor and Senate in Indiana.

Rafael Borras, to be Under Secretary for Management, Department of Homeland Security. Borras currently serves as a Vice President, Construction Services, for the Mid-Atlantic Region with URS Corporation. Prior to joining URS, Borras served as the Regional Administrator for the Mid-Atlantic Region of the U.S. General Services Administration. He also served as Deputy Assistant Secretary for Administration in the Department of Commerce, and was Deputy City Manager in the City of Hartford, Connecticut.

Craig Becker, to be Board Member of the National Labor Relations Board. Becker currently serves as Associate General Counsel to both the Service Employees International Union and the American Federation of Labor & Congress of Industrial Organizations. He has practiced and taught labor law, teaching at the UCLA School of Law, the University of Chicago and Georgetown.

Mark Pearce, to be Board Member of the National Labor Relations Board. Pearce's career as a labor lawyer include being a founding partner of the Buffalo, N.Y. firm of Creighton, Pearce, Johnsen & Giroux. Pearce has also taught in the labor studies program at Cornell University's School of Industrial Labor Relations Extension.

Jacqueline A. Berrien, to be Chair of the Equal Employment Opportunity Commission. Berrien has served as Associate Director-Counsel of the NAACP Legal Defense and Educational Fund (LDF) since September 2004, and previously served as a Program Officer in the Ford Foundation's Peace and Social Justice Program. She has also worked as a staff attorney with the Lawyers' Committee for Civil Rights and the American Civil Liberties Union, has taught trial advocacy programs at Fordham and Harvard law schools, and served on the adjunct faculty of New York Law School.

Chai R. Feldblum, to be Commissioner, Equal Employment Opportunity Commission. Feldblum has taught at the Georgetown University Law Center since 1991, and founded the Law Center's Federal Legislation and Administrative Clinic. She previously served as Legislative Counsel to the AIDS Project of the American Civil Liberties Union.

Victoria A. Lipnic, to be Commissioner, Equal Employment Opportunity Commission. Lipnic is of counsel in the Washington, D.C. office of Seyfarth Shaw LLP. She was the U.S. Assistant Secretary of Labor for Employment Standards from 2002 until 2009. She previously served as Workforce Policy Counsel to the Republican members of the Education and Labor Committee in the House of Representatives, and was in-house counsel for labor and employment matters to the U.S. Postal Service.

P. David Lopez, to be General Counsel, Equal Employment Opportunity Commission. Lopez has served at the Equal Employment Opportunity Commission (EEOC) for 13 years, where he is currently a Supervisory Trial Attorney with the EEOC's Phoenix District Office. Before joining the Commission, Lopez served at the Civil Rights Division, Employment Litigation Section, at the Department of Justice, and previously was an Associate with Spiegel and McDiarmid.

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On the Web

Bush recess appointments (PDF): http://fas.org/sgp/crs/misc/RL33310.pdf

Recess appointments FAQ (PDF)

© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 144 Comments
by Ricohenry7 November 23, 2011 6:50 AM EST
Dear Friends,

The gestation period for this particular blog has taken far too long, it is inspired by the most banal, and for the uninitiated, most questionable of all motives - personal outrage. Organizations become dinosaurs overnight because they fail to listen to the groundswell of an underground movement that has become organized and loud in the varying complaints of a system that perpetuates corruption. The internal corruption within the EEOC has been well documented and demonstrated.

There are drastic consequences of placing far too much power and authority in the hands of the EEOC when they cannot administer justice responsibly. The American justice system has witnessed the horrifying retreat of facts turned into fantasy. The EEOC has run amok in both Congress and the courts wielding unchecked power and influence. The system is propelled by powerful propaganda, virtually impregnated arrogance, and greed: reason gone mad, zero accountability; and money carries the day. The EEOC is a farce, it perpetuates horrific injustices.

Well meaning people tell us that "time heals all." It is a lie, especially when the wound is constantly ripped open by the intentional acts of others in a conscious attempt to hide the truth. Congress needs to step in for there to be any effective changes.

Respectfully submitted,

Honorable Mary Elizabeth Bullock (Retired)
Reply to this comment
by Ricohenry7 October 26, 2011 7:20 AM EDT
I Ricardo E. Jones Sr, former Senior Federal Investigator of EEOC-NYDO from 4/9/01 to 4/1/10 have direct and indirect knowledge of Federal Investigators, Federal Trial attorneys and managers of the EEOC who have taken money/gifts and/or positions with law firms to fix and throw investigation for personal gain or on orders from Comissioners of the EEOC (Vice Chair Leslie Silverman,Esq). Neomi Earp-campbell while Acting Chair of the EEOC had cases fixed for friends at law firms. This information was given to me by Federal Investigator Sean Oliveria formerly of the EEOC-NYDO. Former Vice Chair Leslie Silverman Esq, fixed decisions for her present employer Proskauer Rose law firm while she was a commissioner at the EEOC. This information was given to my by Nancy Boyd then Deputy Director of the EEOC-NYDO and Nora Curtin Trial attorney/former regional attorney miami-EEOC. Ms. Silverman was a former staff member of the senate sub-committee that over-saw the EEOC. She currently is using her contacts to fix complaints and issues at the EEOC of Proskauer Rose law firm Washington DC. Assistant General Counsel for the EEOC James Lee is a sexual preditor who has sexually harassed many females at the EEOC over his tenure. This information was given to me by Lois Bramble legal clerk at the EEOC-NYDO. Luis Graziano Trial Attorney at EEOC-NYDO has taken money to fix decisions and conciliation at the EEOC. He's a close friend of Assistant General Counsel James Lee of EEOC-Hq's and is also on the take with Graziano. Nancy Boyd fixed decisions for Leslie Silverman at the EEOC. Nancy Boyd is also a close friend of and ex-subordenate of Enforcement Manager Electra Yourke of EEOC-NYDO who worked for Elleanor Holmes-Norton former head of EEOC and NY City Commission of human rights. Ms. Yourke is a racist bigot known by all in NYC and Washington DC. This information was given to me by Ricardo Cuevas Esq and admin judge at the EEOC-NYDO. Clyde Lo-chin Mediator EEOC-Tampa FL, received a bribe from Paul Salvator Esq for Proskauer Rose law firm representing Ralph Loren Polo and now working with former EEOC vice chair Leslie Silverman in Washington DC. This information was given to me by my friend Clyde Lo-cin Mediator at Tampa FL EEOC.
This information is just the tip of the iceberg. The above information was in my sealed law suit. Please google Ricardo Jones EEOC to read more on the above.

Ricardo Jones Sr, Former Senior Federal Investigator for the EEOC-NYDO cell 917-803-0583
Reply to this comment
by Ricohenry7 June 7, 2011 7:00 PM EDT
http://www.nationalblackagendaonline.com/RicardoJones.html
Reply to this comment
by Ricohenry7 February 12, 2011 9:17 AM EST
Read what EEOC doesn't want you to know:

http://www.scribd.com/doc/48497539/Ricardo-Jones-v-Jacqueline-Berriens-et-al
Reply to this comment
by Ricohenry7 December 6, 2010 5:16 AM EST
Why was Ricardo Jones Terminated and Spencer H Lewis Jr, Transfered from EEOC-NYDO? Ricardo Jones was used as a scape goat for the corruption at EEOC-NYDO. Everyone in the NYDO area knows the truth about Ricardo Jones the only enforcer of Civil Rights and Justice under the law for all??? How about answering Jacqueline Berrien? Are you afraid of the truth?
Reply to this comment
by Ricohenry7 October 8, 2010 9:46 PM EDT
The question is why hasn't the Presidents Recess Appointee's STOPPED THE CORRUPTION AND FRAUD AT COUNTRY'S primier civil rights agency the EEOC??? Also why hasn't CBS News exposed the EEOC for the Corruption and Fraud it commits daily??? The details on the fraud and corruption at the EEOC was given to Armen Keteyian CBS News Chief Investigative Correspondent. The truth is the corruption go to the TOP of government and the Senate links to corporate America. Last questions: IS THERE JUSTICE UNDER THE LAW??? FOR WHOM???
Reply to this comment
by RobAla March 29, 2010 6:36 AM EDT
It is the Presidents right to do this. However, Senator Obama really didn't like it when President Bush did this with John Boltons appointment to the UN. This is all about politics.
Reply to this comment
by RobAla March 28, 2010 10:28 PM EDT
The health care bill was not really about helping the people, as much as it is about empowering Washington. The majority of Americans are against the health care bill, and for good reason. The working poor, who had no health care insurance, will be covered in the future. This is good, but consider the following:

The middle class will see:
1) Their state and federal taxes go up ? including Medicare taxes
2) Their private insurance premiums go up

Seniors will see:
1) $500 billion less in Medicare
2) Fewer doctors willing to accept Medicare patients

States will see:
1) Federal government expansion of Medicaid ? adding financial burden on the states
2) This action forces the states to greatly raise taxes on citizens of each state

Businesses will see:
1) Federal mandates which force them to provide insurance ? adding financial burdens
2) This action will cause many to have to lay off more workers

The majority of Americans:
1) Asked for reform on a few specific areas ? but will see health care turned upside down
2) Have been ignored, after stating in polls that they do not want this bill

The federal government will see:
1) Itself much more empowered over individuals and businesses
2) Additional deficit spending after the CBO scores the impact of the reconciliation bill

This President appoints extremist, because he is an extremist. His appointments are to empower him and his agenda, not the people. Union workers should be able to vote by secret ballot, and Becker wants to take this away. The President is concentrating his own power, not the people.
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by hakori March 28, 2010 9:46 AM EDT
I just had to check the posts out here and they didn't dissapoint. All the typical democrats are socialist, communist yada, yada, yada crap; not to mention the all too typical and expected hypocrisy from the right about "how dare he do this" when you know perfectly well Dubya did exactly the same thing. I have a question for all you conservatives: why do you think you are the only ones entitled to power, why do you think you own the political process in this country, why do you think you own this country, why do you NEVER admit mistakes when you are so OBVIOUSLY wrong on so many many things, why the arrogance, why the childish bully tactics, why the uncivil name calling and finger-pointing? You lost the election. Do you remember when the dems had a very real argument about the vote count in FL in 2000? Do you remember it turned out Gore actually did win FL and had 500,000 more votes nationwide than Bush? Do you remember how you people reacted to dems fighting for Gore? You told us we were sore loosers. You told us to stop whining. You told us to shut up. Well, all of you can just shut the F up now. You're a bunch of spoiled whinning cry babies who just make crap up about Obama: he's not a citizen, he's a communist, he's unAmerican. You're horribly sore loosers and I hope you keep this garbage up until November. Yes, November when you guys are in for a rude awakening. You're doing all the right things now to ensure the dems will keep the majority and possibly even pick up a few seats. Boy, then you guys will utterly blow your tops. Well, too bad. Get used to the minority because that's exactly where you're going to stay until your pathetic party grows up and joins the adults.
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by stoltz61 March 28, 2010 9:22 AM EDT
Just what we need more friends of the union thugs that beat people up when they disagree with his policies! Better check to see if they pay their taxes! Seems most of his nominations have problems in that area. Obama believes in others paying taxes! We have an inept president that knows only inept people! The good ole USA is going down the drain and fast!
Reply to this comment
by hakori March 28, 2010 10:04 AM EDT
stoltz61, where were you and what were you saying when a truely inept president by the name of Dubya was in the white house? Union thugs who beat up people.... Who exactly is using brown shirt tactics by showing up at rallys and outside Obama speeches with firearms? By the way, what do you think would have happened if a liberal showed up at a Bush rally armed...they would have been arrested and rightfully so, but you guys get away with it. Don't talk to me about a double standard. I got your double standard right here! Who is shouting racial and homophobic slurs at elected represenatives? Which party is actively inciting the "thugs" having their little tea parties? Who taunts the sick at their little tea parties? Who are threatening our congressmen and women and our senators who voted for health care reform? You say Eric Cantor: well seems that was actually a random bullet fired into the air that just happened to hit the building where his office is. Funny how the media sorta glosses over that one. Who are doing these things: THE RIGHT! That's who! You're a bunch of thugs who get violent when you don't get your way. You call us unAmerican...you don't even know what it means to be an American!!!
by sjc_1 March 28, 2010 8:54 PM EDT
It looks like these people are all well qualified, unlike "Brownie" who was a horse show guy until becoming head of FEMA.
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