Opinion for the Court filed by Circuit Judge WALD. Concurring opinion filed by Circuit Judge SILBERMAN. WALD, Circuit Judge: On April 9, 1996, President Clinton removed appellant Robert H. Swan (“Swan”) from his position as a member of the Board of the National Credit Union Administration (“NCUA”) and, using his recess appointment clause powers, appointed Yolanda T. Wheat (“Wheat”)…
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