Justice Department says recent recess appointments by Obama are legal

WASHINGTON (AP) — The Justice Department is publicly rebutting Republican criticism of the legality of President Barack Obama's recent recess appointments of a national consumer watchdog and other officials.

The department released a 23-page legal opinion today summarizing the advice it gave the White House before the Jan. 4 appointments. GOP leaders have argued the Senate was not technically in recess when Obama acted so the regular Senate confirmation process should have been followed.

Assistant Attorney General Virginia Seitz wrote that the president has authority to make such appointments because the Senate is on a 20-day recess, even though it has held periodic pro forma sessions in which no business is conducted. Seitz argued the pro forma sessions — some with as few as one member present — have not been sufficient for the chamber to exercise its constitutional authority to advise and consent to normal presidential nominations.

Senate Republican Leader Mitch McConnell has said Obama has endangered the nation's systems of checks and balances, and Republican Sen. Orrin Hatch says the appointments are a very grave decision by an autocratic White House.