Kostelancik's candidacy, in the hands of Biden / What is expected to happen with the US ambassador in Tirana

2024-01-04 17:01:00, Aktualitet CNA

Kostelancik's candidacy, in the hands of Biden / What is expected to happen

David J. Kostelancik

David J. Kostelancik was the candidacy proposed by American President Joe Biden in January 2023 as ambassador of Albania to the USA.

But Kostelancik was not approved by the US Senate within the terms set by the Regulation and as a result the candidacy was returned to the President.

The American Senate "deposes" David Kostelancik/ It does not approve the ambassador to Albania
January 4, 15:28

In the announcement of the American Congress, it is stated that on January 3 of this year, the proposal was returned to the President according to rule XXXI, point 6.

Kostelancik's candidacy, in the hands of Biden / What is expected to happen

CNA has analyzed rule XXXI, point 6, which states that the name is returned to the President when the Senate has neither confirmed nor rejected the candidacy within the time available.

The regulation states that if the candidacy is returned to the President, the Senate no longer has the opportunity to make a decision on that person.

At this moment, the President is of great importance in this procedure.

President Joe Biden can renominate the previously returned candidate or nominate a new name for the ambassadorship.

"Nominations that have not been confirmed nor rejected by the Senate at the time the Senate does not set a date in the future or for a period of more than 30 days, are returned to the President in accordance with Senate Rule XXXI, item 6. Pro forma hearings (informal) held during a recess of the Senate counts as a session day and may prevent what would otherwise be a longer than 30-day time limit that would cause nominations to be reinstated by rule. The use of pro forma sessions in modern Senate practice means that the need to suspend Rule XXXI usually occurs only at the end of the first session of a Congress.

The Senate routinely considers at least some nominations between sessions of Congress or recesses lasting more than 30 days. Appointments can be suspended if the Senate agrees, by unanimous vote, to suspend the rule. Unanimous agreements to waive the rule may apply to some or all nominations pending before the Senate and its committees. Nominations chosen to hold are usually negotiated by party and committee leaders, however individual senators have leverage in negotiations as any opposition to a unanimous consent requirement would overturn it. Nominations for which the rule has been suspended remain status quo, meaning they continue to be pending on the Executive Calendar instead of being returned to the President as required by Senate rules. The Senate returns all nominations at the end of a Congress.

If a nomination is returned to the President, it is no longer eligible for consideration by the Senate. The President may present a new nomination, either for the previously returned candidate or for a new candidate," says Rule XXXI, point 6.

Kostelancik's candidacy, in the hands of Biden / What is expected to happen

Thus, the entire procedure of choosing the ambassador of Albania will have to start from the beginning, causing Kostelancik to undergo once again all the procedures he has gone through.

Although Kostelancik has gone through some of the procedures before, if he is renominated by the President, he will have to undergo all the steps once again.

Kostelancik's candidacy, in the hands of Biden / What is expected to happen

The commissions may request updated documents from Kostelancik, including financial, ethical data, he will have to answer the questionnaires again and fill out the required documents.

Hearings can be held for re-presented candidates, in this case Kostelancik, although committees have previously chosen not to do so./ CNA

Kostelancik's candidacy, in the hands of Biden / What is expected to happen