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") to take Swan's place. Swan seeks to have his removal and Wheat's appointment...
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