GAO: FOX’S APPOINTMENT WAS LEGAL

Government investigators concluded that President Bush acted legally when he used his recess appointment power to install Sam Fox, a multimillionaire businessman and GOP fundraiser, as ambassador to Belgium.

The Government Accountability Office said Fox can continue to serve in the diplomatic post but cannot draw a government salary.

Three Democratic senators had asked the GAO to investigate whether Bush acted illegally in making the appointment. Bush withdrew the nomination in March, just minutes before it was up for a vote in the Senate Foreign Relations Committee, but then gave Fox a recess appointment on April 4, while Congress was in recess for the Easter holidays.

Democrats on the committee had been expected to try to defeat the nomination because Fox contributed to the Swift Boat Veterans for Truth during the 2004 presidential campaign. The group’s TV ads, which claimed that Democratic Sen. John Kerry exaggerated his military record in Vietnam, were viewed as a factor in Kerry’s loss to Bush.

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