looking to prior legal council, the staff found me two former assistant attorney generals, john pelward and the former deputy general subscribe to this statement. the senate cannot constitutionally stop the president's recess appointment power through pro forma sessions. the president should consider calling the senates' bluff by exercising his recess appointment power to challenge the use of pro forma sessions. this president appointed, did not in fact move forward with one appointee that the senate disagreed with. all right, he says to the senate, here is another one i have for you and the senate says all right, you have come up with someone fully appointed and tell you what, we disagree with the underlying law that this appointee is to administer. it does seem to me that the negotiation of calling the senate's bluff comes into play at some point, and i would like to know your view of that. >> well -- >> if the president had simply allowed this to go on indefinitely, instead of finally calling the question, take it to court, do what you want to, but i'm calling the bluff now after alm