Kerry also assailed the legality of the move.
"Never before has a president used a recess appointment to support a withdrawn nominee. Every time this White House shows that if they can't win the game, they just change the rules, our democracy and the Constitution loses," he said.
President George W. Bush circumvented Senate opposition today and recess appointed a controversial nominee as Ambassador to Belgium. Sam Fox, who donated thousands of dollars to the anti-John Kerry Swift Boat Veterans For Truth before the 2004 Presidential election, received the nod from the White House in a quiet personnel announcement this afternoon that caught Senate Democrats off guard.
President Bush had formally withdrawn Fox's nomination last week when it appeared likely that the Senate Foreign Relations Committee would reject it and prevent him from receiving a full vote on the Senate floor. Senator Chris Dodd (D-CT) issued a strong response shortly before boarding an airplane late in the day, questioning the legal basis for the action.
"I seriously question the legality of the President's use of the recess appointment authority in this instance," said the senior Senator from Connecticut, and presidential candidate. "This is underhanded and an abuse of Executive authority - sadly this behavior has become the hallmark of this administration."
Senator John Kerry (D-MA), who squared off with Fox in a February confirmation hearing, offered similar words, comparing Fox's appointment with Michael Brown, the former FEMA head who mishandled the response to Hurricane Katrina.