As Congress prepared to break today for its annual summer leave, the nomination of John Bolton as Washington's ambassador to the United Nations (UN) remained up in the air - and presented the White House with the risky opportunity of a recess appointment.
The nomination of Bolton, Bush's controversial pick, has been stuck in the Senate for months. Minority Democrats have used a procedural tactic to block Bolton by extending debate on the nomination indefinitely.
Bolton's critics, who include some Republicans, have used the lengthy confirmation process to highlight their concerns over what they say is an abusive management style, Bolton's aggressive interpretation of intelligence to suit his views, and his harsh criticism of the UN.
Even Bush's Republican leaders have been challenged by their own ranks in getting the nomination through, because few in the governing party are truly enthusiastic about him.
The Republican-led Senate Foreign Relations Committee did not recommend that Bolton be confirmed, a very rare step, after several members of the majority party expressed concerns with the nominee.
While Democrats acknowledge that US law gives Bush the power to install Bolton as ambassador to the UN once Congress leaves for recess at the end of this week, they say it would hurt US interests at the world body.
The president has the authority to bypass the Senate by using a so-called "recess appointment." The move would allow Bolton to become US ambassador to the UN on an interim basis but, unless confirmed, he would have to leave the position at the end of this congressional session, which means no later than January 2007.
Senator John Kerry, a Democrat who was Bush's challenger in last year's presidential election, said that a recess appointment is not a good idea and would weaken Bolton's position at the UN.
White House spokesman Scott McClellan on Monday however hinted that Bush might use his power on Bolton.
"If the Senate fails to act and move forward on those nominees, then sometimes there comes a point where the president has needed to fill that in a timely manner by recessing those nominees," McClellan said.
Senator Joe Biden, a fellow Democrat and the leader in the campaign to block Bolton's nomination, said he believes a recess appointment should not be used on a UN ambassador.
"I think it damages US interests at the UN, I think it damages Bolton, I think it damages the president," Biden said. "It weakens (Bolton) because everybody at the UN knows he doesn't have the support of the US Senate. Everybody knows that this is a guy nobody wants... and that doesn't help very much at the UN."
Biden claimed that Bolton is "already seen as a liability by the vast majority of the UN" and viewed as "being very hard edge, a guy who is viewed as having pushed the envelope on intelligence matters."
The lawmaker said that Bolton would go to the UN with very low credibility - and added that acting ambassador Anne Peterson was "doing a first-rate job."
Some Democrats were more guarded, like Senator Hillary Clinton, former first lady and a possible Democratic presidential contender in 2008, who said it is up to the White House to make the assessment of whether Bolton's position would be weakened through a recess appointment.
And Republican Senator John McCain said that he does not have a problem with a recess appointment and that it would not hurt Bolton "in the long run."
Republican Senator Richard Lugar agreed, saying he would support Bush if he decides to use the recess appointment power.
"Obviously we need to have representation at the UN," Lugar said.
Though unlikely to happen, one Republican senator had yet another suggestion.
"I think it would be better to have somebody else appointed," quipped Senator George Voinovich, one of the nominee's most vocal critics.
Source: China Daily