roger davies the text of the recess appointments clause i think i should give you the text of the appointments clause for comparison. a president shall nominate and by the end with the advice and consent of the senate shall appoint ambassadors and judges to the supreme court and all other officers of the united states that whose avoidance are not otherwise provided for which shall be established by law. that is a general rule. as a general matter, is the senior appointments are to be made by the president with the advice and consent of the senate. then there is the exception to the rule what we're talking about is the exception is the vacancies claus. the president shall have power to fill all vacancies that may happen during the recess by granting commissions that shall expire by the end of the next session. it is not hard to imagine the paradigm case why do we need the exception to the rule? the paradigm cases along the lines of the senate is not around so the general is killed on the battlefield and the president needs to appoint somebody to fill his shoes there has to be a mechanism under

he dated bette davis, katharine hepburn, ginger rogers, ava gardner, rita hayworth in the same week.llywood was his playground, but hughes came to fame as a record-setting pilot, and it was his hughes aircraft company that turned him into a billionaire. his most famous plane, the spruce goose, was a giant wooden seaplane that flew just once with hughes at the controls. despite that flop, hughes aircraft still became one of america's biggest defense contractors. >> the company originally started to make airplanes, and then it maneuvered itself into guidance systems, so it was a very important element of the air force. >> but the world's richest man wasn't your average government contractor. he was combative. he bullied pentagon officials. this newsreel from 1947 shows him lambasting a u.s. senator who had had the audacity to challenge him. >> when senator brewster realized that he was fighting a battle against public opinion, a losing battle, he folded up and took a runout powder. >> by 1953, the temperamental hughes had begun to withdraw from public view. his own executives at hughes

rogers able to convert -- first and goal. then fullback finishes off the drive, making it 17-13 green bay, so much for a blowout, niners need a comeback. collin kaepernick,ver nan davisreadjustment 28-yard touchdown. san francisco leads 20-17. packers get a field goal. aaron rogers, randall cobb, check this play out. it will set up the field goal. 6:30 in the game. niners hold the ball for the final five minutes and six seconds. there is collin. watch collin run. they run the clock out. 5:06. game winning 33-yard field goal and time expires, almost blocked, but no, niners win. 23-20. kaepernick passed for 227-yards and ran for 98 more. 49ers did not let weather conditions change their game plan. >> we don't care about the conditions, we came to play this game. we were not worried about the cold. we were extremely prepared for this weather just mentally. it's a mind thing. >> you can't get prepared for this type of weather. >> it's a mind thing. frankie. >> it's a mind thing. frank came out and he did what he was supposed to do and as a team selectively, we handled our responsibilities. >> and next sunday's schedule, 49ers visit carolina panthers who had a buy this we

ginger rogers, lady byrd johnson, bette davis and gene kelly.re asking you today to go to our website and show us what your 50 looks like. #50today. inspiration out there for sure as a woman in her -- what am i? mid-40s, i guess. >> nice one. >> hot flashes and all. >> well, thank you, tamron, appreciate that. >> ben franklin, 308 years old today. >> all right. >>> all right. coming up, we'll take a serious turn and tell you about a desperate search for a respected journalist from new jersey missing now for nearly a week. his credit card just used in mexico. was he targeted for his reporting? >>> and how did cyber criminals pull off that data breach at target? the shocking new report and why other retailers could be at risk. but first, this is "today" on nbc. >>> coming up, the adorable investigators working to help police crack some of the nation's hardest cases. >>> and on "trending," how impressive is your smartphone? the comparison that will blow your mind after your local news. if yand you're talking toevere rheuyour rheumatologistike me, a

rogers. looks like he is going down. no. finds cobb. they take the lead a few plays later. the next possession. in the air. the perfect strike to davis for the touchdown. they retake the lead 30-17. packers tie up it. he waited 1 5 years to win a playoff game. he wins one here on this kick with two seconds left. it was so close to being blocked. how close coming up in the show. niners win 23-20. they beat the packers for the fourth straight time. har bow leading the cheers and then in the post game press conference. >> you didn't think we could pull it off, did you? >> it's not the first time. we have a lot of tough guys they generate a lot of toughness. >> our team fought. >> and we got it today. and everyone in the room. we went back to the drawing room. >> and next week he is referring to the panthers a week from today, 10 a.m. kickoff in charlotte, north carolina. the teams they met earlier in the season. and they won a close one at candlestick. vicy. the nine remembers hot, they won sef non-a row. >> there are some of us who didn't think they could overcome the cold there. >> it is cold for both. 3-5 at lambeau. all that mystiqu

rogers going down and somehow escapes and gains 26. two plays later and the packers lead it 17-13. the niners respond. kaepernick down the seem. vernon davis yards and 9ers in front by three after a field goal tied it at 20. 33 yards and it is good. thiners win it. luck never hurts. never underestimate experience, people. >> we are mentally tough now. we have been to the super bowl. we are a mentally tough football team. lambeau field is a hard place to play. hats off for these guys to move off to carolina. >> nine years for me now. i would love to play another nine if possible. this is an opportunity we let slip through our fingers. >> offense makes enough plays and no matter what team, it is tough to beat them. >> the nfc divisional schedule look like this, on saturday, drew brees and the saints go to seattle. and then the big one on sunday, the niners look to avenge a 10-9 regular sen home loss to cam newton and the panthers. the game is in charlotte and kicks off at 10 ooment 05. playoff futility continuing for marvin lewis and the bengals. the chargers out scored cinncinati 20-0 and green with a 4-yard touchdown reception. san diego i

davis. in april, 1943, john rogers was one of the first 28 african-american pilots to go overseas. the 99th was based in north africa and flew bombing 34eugss over sicily and italy. pilots onced is seth a record for destroying five enemy aircraft in under four minutes. even among such an elite group of pilots john rogers stood out for keen eyesight, steady nerves. mark hanson is the curator of the air force base in illinois where the 99th was first activated. he said john rogers was respected as a pilot who was so good he could -- quote -- "put a 500 pointed bomb true threw a building's window." a photo taken by an arm eassments officer and friend shows john rogers standing next to his 3-40 war hawk. the inscription it reads, the best dive bomber pilot in the business. another photo of john rogers and members of the 99th hangs at the smithsonian air and space museum in washington, d.c. the skill of the men of the 99th was well known among pilots especially by the british who often asked for the airmen's close air support. mr. president, what i'm about to say here i read as i said a

rogers still nursing a hamstring. smith at the tail end of a great career. can still make plays when healthy. 49ers were short handed when lost to carolina in november. and vernon davisves that was the key. >> if crabtree was there, if i was there, we would have had a stronger and better shot. >> we didn't play well offensively. giving credit that defense. we left plays out there, i think. and know we have to play better than that to expect to win. we know what it's like. it will be a sad. we know this month for us. >> it's going to be beyond sad. i'm going to be sad because i'm travelling to charlotte to cover this game. >>. an excellent move by raiders trying to keep offensive line coach, getting with silver and black. former raid raiders new offensive coordinator in alabama. warriors finally back hem coming off a great 6 and 1 road trip hosting boston tonight. in video provided by the team center andrew says warriors have to be focused. >> it's a game doing what they're supposed to do. you know? so you can come in with the wrong mind set. >> the chronicle reporting san francisco giants signed willis to a minor league contract. the lefty kind of lost and struggled

rogers going down and somehow escapes and gains 26. two plays later and the packers lead it 17-13. the niners respond. kaepernick down the seem. vernon daviss in front by three after a field goal tied it at 20. 33 yards and it is good. thiners win it. luck never hurts. never underestimate experience, people. >> we are mentally tough now. we have been to the super bowl. we are a mentally tough football team. lambeau field is a hard place to play. hats off for these guys to move off to carolina. >> nine years for me now. i would love to play another nine if possible. this is an opportunity we let slip through our fingers. >> offense makes enough plays and no matter what team, it is tough to beat them. >> the nfc divisional schedule look like this, on saturday, drew brees and the saints go to seattle. and then the big one on sunday, the niners look to avenge a 10-9 regular sen home loss to cam newton and the panthers. the game is in charlotte and kicks off at 10 ooment 05. playoff futility continuing for marvin lewis and the bengals. the chargers out scored cinncinati 20-0 and green with a 4-yard touchdown reception. san diego is on top for g

rogers still nursing a hamstring. smith at the tail end of a great career. can still make plays when healthy. 49ers were short handed when lost to carolina in november. and vernon daviser and better shot. >> we didn't play well offensively. giving credit that defense. we left plays out there, i think. and know we have to play better than that to expect to win. we know what it's like. it will be a sad. we know this month for us. >> it's going to be beyond sad. i'm going to be sad because i'm travelling to charlotte to cover this game. >>. an excellent move by raiders trying to keep offensive line coach, getting a two-year deal with silver and black. former raid raiders new offensive coordinator in alabama. warriors finally back hem coming off a great 6 and 1 road trip hosting boston tonight. in video provided by the team center andrew says warriors have to be focused. >> it's a game doing what they're supposed to do. you know? so you can come in with the wrong mind set. >> the chronicle reporting san francisco giants signed willis to a minor league contract. the lefty kind of lost and struggled for years bouncing around independently. giants going to see if will wris