John Yoo on the Recess Appointment of Richard Cordray

John Yoo was one of the key expositors of the unitary executive theory for the Bush Administration and a defender of "enhanced interrogation" in the War on Terror. He says here that President Obama exceeded his constitutional powers in appointing Richard Cordray to head the Consumer Financial Protection Bureau because it is up to the Senate only, and not the President, to determine whether the Senate is in recess. And that's so even if the only "business" being done in the Senate is gavelling-in for 30 seconds for the express purpose of providing an argument that the Senate is not in recess. Put another way, according to Yoo, the Senate is permitted to conduct sham sessions to negate the President's express constitutional authority to make recess appointments. Hmmmm.