SEC. 1066. INTERIM AUTHORITY OF THE SECRETARY.
(a) IN GENERAL.—The Secretary is authorized to perform the functions of the Bureau under this subtitle until the Director of the Bureau is confirmed by the Senate in accordance with section 1011.
(b) INTERIM ADMINISTRATIVE SERVICES BY THE DEPARTMENT OF THE TREASURY.—The Department of the Treasury may provide administrative services necessary to support the Bureau before the designated transfer date.
Source: PUBLIC LAW 111 - 203 - DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT
At the least, it can be argued that the Director cannot perform any of his duties, and they must continue to be performed by the Secretary of the Treasury, until confirmed by the Senate.
McConnell needs to go NOW. He is a useless empty suit. Initial bluster followed by inevitable surrender. When is one of these politicians, all of whom have sworn to defend the Constitution, actually going to do something to defend the Constitution?
No, the Constitution supercedes any law.
If the constitution says he can, and it does if the congress were really in recess, then only a constitutional amendment can change that- not a mere law.
Note that ambassadors are recess appointed though the constitution itself says they are to be confirmed by the senate.
Why is that done? Because the recess clause says it can be done.