President-elect Donald Trump hinted he might skip the usual Senate confirmation process for some of his administration’s appointments, potentially including the choice to replace SEC Chair Gary Gensler. In a Nov. 10 post on X, Trump claimed he held the sole authority to decide who would lead the U.S. Senate as the majority leader when the new Congress convenes in Jan. 2025.
He emphasized that he wanted any future majority leader to support recess appointments, allowing him to place people in key roles without the usual confirmation process. This would bypass the standard questioning and scrutiny from lawmakers, enabling him to install his choices in positions of power quickly.
Will Trump replace SEC chair without senate?
Under the U.S. Constitution, the president has the authority to make temporary appointments during a Senate recess, filling any vacancies that arise by issuing commissions that last until the end of the Senate’s next session. In his first term, Trump used this power to appoint some individuals who might not have gained Senate approval otherwise.
However, recess appointments are designed to be short-term solutions and aren’t meant to bypass the Senate’s role in approving presidential appointments. In 2021, President Joe Biden nominated Gary Gensler to serve as an SEC commissioner, and the Senate confirmed him with a 54–45 vote for a term that runs until June. 2026.
During his first term, President Trump followed the usual process to appoint SEC commissioners but also attempted to sidestep the Senate, which was controlled by Republicans at the time, by trying to make a recess appointment for the role of U.S. Attorney General.
It’s uncertain if any of Trump’s possible choices for SEC chair would have enough Senate support for confirmation or if he plans to make any formal nominations, potentially relying on recess appointments instead. As of now, the president-elect hasn’t publicly mentioned any potential candidates to replace Gensler.
If Trump wins reelection, he has promised the crypto community he would remove SEC Chair Gary Gensler “on day one.” However, experts say Trump can’t just fire Gensler without a solid reason. When a new party takes over the White House, it’s common for some regulators to step down on their own, but so far, Gensler hasn’t given any sign he’d voluntarily leave his position.
Related | Nano Labs now accepts Bitcoin payments
