wait for it .. all Thune has to do is call a recess for more than 10 days and Trump can appoint anyone he wants,,,, legally and without senate confirmation The Recess Appointments Clause of Article II of the Constitution grants the president the authority to temporarily fill vacancies without Senate approval during recesses. Former Presidents Bill Clinton and George W. Bush frequently utilized this power, making 139 and 171 recess appointments, respectively. Former President Barack Obama made 32 recess appointments