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Bye-Bye Bolton?

Ambassador's Recess Appointment Set to Expire

From , former About.com Guide

Photo of U.S. Ambassador to the United Nations John Bolton

Photo of U.S. Ambassador to the United Nations John Bolton

U.S. State Department Photo
October 9, 2006

People interested in U.S. foreign policy have tracked the ups and downs of Ambassador John Bolton for the last couple of years. Is it now possible that we won't have John Bolton to kick around anymore?

Bolton previously served as Assistant Secretary of State for International Organization Affairs and Undersecretary of State for Arms Control and International Security. He has long been part of the neoconservative leadership associated with the Project for a New American Century and the American Enterprise Institute. But, he emerged as a lightening rod of criticism for Bush Administration opponents when he was nominated in early 2005 to replace the mild-mannered John Danforth as U.S. ambassador to the United Nations.

Bolton's long time disdain for the United Nations made him an odd choice for the job. Bolton supporters argued, however, that these views made him just the right person to shake up the U.N.'s calcified confines.

The Republican controlled Senate Foreign Relations Committee didn't agree.

In April of 2005, the committee couldn't agree on Bolton's fitness for the job and sent the nomination to the full Senate with no recommendation. In May and June, the Senate failed to pass a "cloture vote" which would end the filibuster against Bolton. On August 1, 2005, President Bush used his recess appointment authority to make Bolton the U.S. ambassador to the United Nations.

Since then Bolton has served in the post without full backing of the Senate. The rules say a recess appointed ambassador can serve until the term of the current Congress expires and the new Congress arrives. Well... the Congress recessed for the election break last week with no action on John Bolton.

There was a little flurry of activity when the Foreign Relations Committee met in September but did not vote. A meeting scheduled a few days later was cancelled.

So is it over? Has the fat lady sung the final farewell to the Bolton nomination? Probably, but there are some scenarios where he could rise again.

Lame Duck Action?

There will likely be a "lame duck" session of Congress after the elections but before the new Congress is seated in January. And it is possible the Senate could consider the nomination then. But there are a number of Republican senators who really don't want to vote for Bolton and may feel free to vote their conscience with elections no longer hanging over them.

Re-Nomination?

The president could re-nominate Bolton once the new Senate takes office in January. However, polls indicate the Republicans may lose some seats and may even lose majority control. If they couldn't get Bolton approved last week, it is hard to see how he would pass a new Senate even less friendly to the administration.

Another Recess Appointment?

The White House might try to do another recess appointment of Bolton. Back-to-back recess nominations of the same person are legally problematic. But some have speculated that Bolton could be nominated to a slightly different job, like deputy ambassador to the United Nations. Then if the actual ambassador slot were left vacant, Bolton would still be in charge. How the public (and the courts) might respond to a cute maneuver like this is hard to predict.

More:

Bolton's Post Left in Limbo, The Washington Times
Bolton Watch
President Bolton?

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