‘Petty Politics’

Stalling The Confirmation Of Presidential Nominees En Masse Will Be Viewed, Rightly, As Just An Extension Of The Petty Politics That Americans Are So Strongly Rejecting’

“Schumer added that if Trump doesn’t send some of his other, more controversial nominees back to Senate committees for more questioning, Democrats will use the Senate floor to lob their complaints and questions about those nominees, potentially drawing out the process of confirming the Cabinet picks by several days each.” (“Democrats Will Allow Friday Confirmation Votes On Some National Security Nominees But Promise Fights On Other Picks,” The Washington Post, 1/19/17)

Former Senate Majority Leaders Call Schumer Strategy ‘A Bad Idea’
FORMER SENATE MAJORITY LEADERS DOLE & LOTT: “The new minority leader in the Senate, Sen. Charles Schumer, D-N.Y., has vowed that he and his fellow Democrats will aggressively target President-elect Donald Trump’s Cabinet nominees as part of an effort to stretch the confirmation hearings of these accomplished Americans for months. Some advice from two people who’ve been there: It’s a bad idea. The American people said with a bold voice on Election Day that they want Washington to get into gear. Stalling the confirmation of presidential nominees en masse will be viewed, rightly, as just an extension of the petty politics that Americans are so strongly rejecting.” (Sens. Dole & Lott, “Schumer Should Follow Precedent On Trump Nominations,” USA Today, 1/11/17)

FLASHBACK: ‘Confirm… As Quickly As Possible’
SEN. CHUCK SCHUMER (D-NY): “We have a moral obligation, even beyond the economy and politics, to avoid gridlock and get the country to work again... We have to get things done.” (“Schumer Sees Path To Senate Tax Deal With Clinton In White House,” Bloomberg Politics, 11/07/2016)

• In 2009 Schumer said he hoped the Senate would “… confirm him [Tim Geithner] as quickly as possible.” “Majority Leader Harry Reid (D-Nev.) dismissed the Geithner issues as ‘a few minor hiccups’ and said they would not derail his nomination. ... ‘Tim came to the committee, admitted he had made some mistakes and was very contrite. In my opinion, these mistakes were not at all disqualifying,’ added Schumer, a member of both the Democratic leadership and the Finance Committee. ‘I continue to strongly support his nomination and, given the tough economic conditions, hope we can confirm him as quickly as possible.’” (“PR Push May Save Geithner,” Politico, 1/13/09)

SEN. ELIZABETH WARREN (D-MA): The Founding Fathers “… knew that the president would need help in administering this great and expansive nation. Without help, without a government that was staffed, justice would not be established, our common defense would be threatened, and the blessings of liberty we hoped to secure through our laws would go unfulfilled.” WARREN: “I rise today, Mr. President, to do something very simple. I ask my colleagues to give a simple vote to the President’s nominee to head the Environmental Protection Agency. This is not fancy or ambitious, it is just a basic principle of good government in our constitutional system. When the Founders of our Republic came together to write the Constitution, they knew that the President would need help in administering this great and expansive nation. Without help, without a government that was staffed, justice would not be established, our common defense would be threatened, and the blessings of liberty we hoped to secure through our laws would go unfulfilled. The Founders of our Republic gave to the President the task of nominating individuals to serve and gave us the responsibility to advise on and consent to these appointments. For more than 200 years this process has worked. Presidents over the years have nominated thousands of qualified men and women who were willing to serve in key executive branch positions.” (Sen. Warren, Floor Remarks, 5/15/13)

SEN. PAT LEAHY (D-VT) On Confirming Justice Officials: “… if it could be, my idea would be to go boom, boom, boom, boom, boom with them, and so the American people get a package as a whole. And I’d like to do all that, of course, before the inauguration.” REPORTER: “Can you say when you might expect to hold hearings or when you might hope to have the Senate vote on it?” SEN. PAT LEAHY (D-VT): “…I think, for the good of the American people, it would be very, very helpful if we could have a number of the key people in there… Let's see who's -- let's see if we can get a number of the key DOJ people who have to be nominated. I would like, if it can be worked -- and I don't know if it can -- but if it could be, my idea would be to go boom, boom, boom, boom, boom with them, and so the American people get a package as a whole. And I’d like to do all that, of course, before the inauguration.” (Sen. Leahy, Press Conference, Washington, D.C., 12/1/08; Minute 18

• LEAHY: “Now, I would hope that we’d have a prompt confirmation so we can restore morale and purpose throughout the Justice Department. … we need the Justice Department to be at its best.” LEAHY: “Now, I would hope that we'd have a prompt confirmation so we can restore morale and purpose throughout the Justice Department. It’s important the Justice Department have its senior leadership in place without delay. The attorney general is the top law enforcement officer in the country. He’s a key member of the national security team. ... We need the Justice Department to be at its best.” (U.S. Senate, Judiciary Committee, Hearing 1/15/09; Minute 6)

SEN TIM KAINE (D-VA): “I think we owe deference to a president for choices to executive positions, and I think that that is a very important thing to grapple with. The American public choose someone to be president, they're giving that individual a mandate to govern, and that mandate includes the assembly of the team that the president feels is the appropriate team. …I approach any executive nomination with that in mind.” (U.S. Senate, Armed Services Committee, Hearing, 2/12/13)

SEN. ANGUS KING (I-ME): “…I think our role is not to substitute our judgment for the president, not to say this is who we would have necessarily hired. But the deference goes to the president to build his team.” (U.S. Senate, Armed Services Committee, Hearing, 2/12/13)

SEN. MICHAEL BENNET (D-CO): “I am worried about the willingness of other Americans to put their hand up and say ‘Let me serve’ for fear that they will get caught in the crazy politics of the Senate.” (Sen. Bennet, Congressional Record, S.1647, 3/19/2015)

FLASHBACK: President Barack Obama – Original 2009 Cabinet Nominations
The Cabinet includes the Vice President, and the heads of fifteen executive departments subject to Senate confirmation.  There are also an additional seven Cabinet-ranked officials, six of whom are Senate confirmed. (The White House Chief of Staff is not).

Regarding President Obama’s first-term Cabinet members:

• Seven were confirmed on January 20, 2009, the day he was sworn into office. These were 1) Ken Salazar (Interior), 2) Tom Vilsack (Agriculture), 3) Steven Chu (Energy), 4) Arne Duncan (Education), 5) Eric Shinseki (Veterans Affairs), 6) Janet Napolitano (Homeland Security), and 7) Peter Orzag (OMB Director).  Five more were confirmed by the end of the first week.
• Thirteen were confirmed by voice vote. These were 1) Ken Salazar (Interior), 2) Tom Vilsack (Agriculture), 3) Shaun Donovan (HUD), 4) Ray LaHood (Transportation), 5) Steven Chu (Energy), 6) Arne Duncan (Education), 7) Eric Shinseki (Veterans Affairs), 8) Janet Napolitano (Homeland Security), 9) Lisa Jackson (EPA), 10) Peter Orzag (OMB), 11) Susan Rice (UN Ambassador, 12) Christina Romer (Council of Economic Advisers), and 13) Karen Mills (Small Business Administration)
• No cloture votes were taken.

EXECUTIVE DEPARTMENT	Nominee	Nomination Announced	Committee Consideration	Date Confirmed	Vote
State	Hillary Clinton	12/01/2008	1/13/2009	1/21/2009	94-2 (39 Rs)
Treasury	Tim Geithner	11/24/2008	1/21/2009	1/26/2009	60-34 (10 Rs)
Defense	Bob Gates1	12/01/2008	NA	12/06/2006	NA
Justice	Eric Holder	12/01/2008	1/15/2009	2/02/2009	75-21 (19 Rs)
Interior	Ken Salazar	12/17/2008	1/15/2009	1/20/2009	Voice
Agriculture	Tom Vilsack	12/17/2008	1/14/2009	1/20/2009	Voice
Commerce	Bill Richardson2	12/03/2008	Withdrew	Withdrew	NA
Labor	Hilda Solis	12/19/2008	1/09/2009	2/24/2009	80-17 (24 Rs)
Health & Human Services	Tom Daschle3	12/11/2008	NA	Withdrew	NA
Housing & Urban Development	Shaun Donovan	12/13/2008	1/13/2009	1/22/2009	Voice
Transportation	Ray LaHood	12/19/2008	1/21/2009	1/22/2009	Voice
Energy	Steven Chu	12/11/2008	1/13/2009	1/20/2009	Voice
Education	Arne Duncan	12/15/2008	1/13/2009	1/20/2009	Voice
Veterans Affairs	Eric Shinseki	12/07/2008	1/14/2009	1/20/2009	Voice
Homeland Security	Janet Napolitano	12/01/2008	1/15/2009	1/20/2009	Voice

CABINET LEVEL RANK
EPA Administrator	Lisa Jackson	12/15/2008	1/14/2009	1/22/2009	Voice
OMB Director	Peter Orzag	11/25/2008	1/13/2009	1/20/2009	Voice
U.S. Trade Representative	Ron Kirk	12/19/2008	3/09/2009	3/18/2009	92-5 (38 Rs)
UN Ambassador	Susan Rice	12/01/2008	1/15/2009	1/22/2009	Voice
Council of Economic Advisers Chairman	Christina Romer	11/24/2008	1/28/2009	1/28/2009	Voice
SBA Administrator	Karen Mills	12/19/2008	4/1/2009	4/3/2009	Voice

NOTES:
1. Bob Gates remained in office after being confirmed under the Bush administration
2. Bill Richardson withdrew from consideration and Gary Locke was eventually confirmed 3/24/2009.
3. Tom Daschle withdrew from consideration and Kathleen Sebelius was eventually confirmed on 4/28/2009.

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