As we look (with dread) towards January, the most important next step should be putting maximum public pressure on the US Senate to reject all (or at least most) of the current slate of Cabinet (and sub-Cabinet) nominees. As you probably already know, the list PEOTUS (or, more likely, his team) is proposing ranges from rank incompetents to hard-right-wing ideologues to full-blown conspiracy theorists. Almost all are old rich white males; too many (for my taste) are recently-retired military men. (For more detail on some of them, see Sher Watts Spooner’s Sunday front-page diary, “Donald Trump’s contemptible cabinet (with poll!)”)
Fortunately, the Senate confirmation process should provide a meaningful opportunity for pushback. This is one of the checks-and-balances wisely embedded in the Constitution. The men who drafted the US Constitution had no rosy illusions about human nature. Some had dealt, directly or indirectly, with King George III, who took the throne (at age 22) in the middle of a brutal world-wide war (1755-1763), and had well-documented periods of madness throughout his 60-year reign. They had experience with profiteering, treachery, and treason within their own ranks. They tried to design a system that could rein in the evil designs that they assumed would manifest from time to time. Will it succeed this time? We don’t know yet — but we certainly need to use all the opportunities the Constitution provides.
There are indications that since the Republicans never expected to win, none of the usual pre-Election vetting and investigating happened. The list has been thrown together quickly, based, it sounds, on limited consultation within the inner circle and the PEOTUS’s gut instincts. So many of these nominees may have histories or embarrassing financial or personal issues that Trump/Pence/Priebus may not even know about. And as Laura Clawson has previously diaried (“Democratic groups aren't giving Trump's awful nominees a pass”), David Brock’s pro-Clinton Super PAC and some Clinton campaign aides want to make sure they find whatever may be out there — past statements, voting records, tax documents, and business ties (including those reported in Russian-language sources) — to pass along to Senate committee members:
As I’ll detail below, various Democratic Senators have taken the lead in opposing each of the nominees. (I’ve undoubtedly missed some, so feel free to add in the comments.) They are obviously coordinating and pooling research capacity.
As you’ll see below, some of the nominees are also running into opposition from the far-right because they’re not far-far-far-right enough for the newly empowered true believers. That’s not company I’d want to keep — but on the other hand, divisions between the Priebus and Bannon wings could work to our advantage if they peel off a vote or two, or if the nominees are so eager to prove their far-far-far-right bona fides that the somewhat less extreme Republicans find them too far out there. There may also be opposition from the Washington Establishment to nominees from outside that circle; the NY Times notes that these outsiders were chosen precisely to “unnerve” and shake up Washington, and Washington may not like being shook.
Can we defeat all the nominees? It seems too much to hope for — but every one who gets defeated, or withdraws under aggressive questioning, the better the next year or two or four will be. We need three Republican votes to block each one on the floor of the Senate. But in the committees, which mostly have a one-vote Republican majority, we only need one to block — assuming the Democrats all hold firm.
It’s also not unusual for a nominee to withdraw his or her name during the confirmation process as embarrassing information comes out, or if it becomes clear that the votes are not there. It would be highly unusual for the Senate to reject most or all of a President’s choices — but as we know, “unusual” doesn’t begin to describe this transition process, so let’s go for it.
The most important thing for most of us to do is contact your own Senators, regardless of which party they’re in. That’s the key — they want to hear from their own constituents, so you call and politely say, “I’m a Kansas City voter and would like to urge the Senator to. . . .” You may want to focus on one race, especially if you have professional or personal expertise or links, or they are a key vote on a particular committee — or (especially for Democrats) just urge them to vote “no” on the entire list. I’ll go through some of the most important races, but first, a link to The Nation magazine’s Action page, which has a petition to sign (coordinated with other groups such as Public Citizen) and advice on contacting your own Senators. The hearings won’t happen until January, but the hearings and public narrative are being shaped now. So this is a perfect time to be vocal.
Now, the lineup, with priority on the worst and most important positions:
- Secretary of State: Rex Tillerson, CEO of Exxon Mobil and a BFF of Putin with extensive personal and business investments in Russia, with a firm that is very closely enmeshed with Putin himself. Also under attack by the SEC for Exxon’s long history of climate change information suppression, and for lying about the value of Exxon’s oil reserves. Clear conflict of interest because of unvested stock rights that can't be divested (even if he gave up all other Exxon stock and involvement), enabling him to profit directly from the US dropping its sanctions against Russia.
- Opposition: McCain (R-AZ, probably), Graham (R-SC), Rubio (R-FL); Menendez (NJ), Reed (RI). Also 350.org (because oil) — and Breitbart News (because he wrote an Op-Ed in 2013 praising Common Core, a litmus test for the far-right).
- Support: Condoleeza Rice (a Russian specialist by training, with an oil tanker named after her) and Robert Gates, both of whom work for a law/ lobbying firm that represents Exxon in its Russian partnership, so not exactly neutral observers. Dick Cheney reportedly also is lobbying hard for Tillerson.
The Russia connection is a huge issue here (even per Chuck Todd at NBC). Putin has actively praised and promoted Tillerson, which is akin to allowing a (traditionally hostile) foreign power to name your chief diplomat. Photos of the two together are among the most frequent pictures shown of Tillerson. This hearing in the Senate Foreign Relations Committee is likely to be the earliest public examination of the Russian hacking, as well as a surrogate for Trump’s own blatant opportunities to profit from his governmental position, so expect (and hope for) fireworks.
- Deputy Secretary of State: Walrus-mustached John Bolton, who served as UN Ambassador under a recess appointment by Bush II, but then resigned rather than risk an almost-certain “no” vote from the Democratic-majority Senate in early 2007. Promoted conspiracy theories about Hillary’s supposed dire health and about Hillary Clinton aide Huma Abedin; thinks DNC hacking was Obama-initiative “false flag” operation.
- Opposition, so far: Rand Paul says “automatic no” because of Bolton’s support for the Iraq War. Presumably, also every Democrat because of everything else on his record plus his looniness.
- Attorney General/DOJ: Sen. Jeff Sessions (R-AL). His biggest problem is a long history of opposition to civil rights, and just plain white supremacy and racism, bad enough that the Senate rejected him in 1986 when Reagan tried to appoint him as a federal judge in AL. (He conveniently left that off the questionnaire he filled out, even though it explicitly asked for failed appointments — but has now amended it, I gather.) Also undoubtedly anti-LGBTQ, and a Sessions-led DOJ would presumably not do anything by way of investigating Russian hacking, FBI violations of the Hatch Act, or anything else we need, while pursuing draconian drug policies and long prison sentences that devastate communities of color, and gutting what’s left of the Voting Rights Act.
- Opposition: Sen. Dianne Feinstein (CA) seems to be taking a lead role, asking Sen. Judiciary Chair Charles Grassley (R-IA) for more time to study the voluminous materials the applicant provided, plus the many more speeches and writings that staff turned up which Sessions had not volunteered. Request denied; hearing is scheduled for Jan. 10-11. Also in opposition: NAACP Legal Defense Fund, People for the American Way. The ACLU as a matter of policy does not take positions for or against particular nominees, but provides pretty scathing factual information on Sessions and several other key nominees.
- Support: Biggest problem here is getting Senators to vote against one of their own, both in committee (he’s a member of the Judiciary Committee) and on the floor. OTH, he presumably can’t vote himself, which helps. Grassley clearly wants to push this through quickly and none of that opposition nonsense, so any signs of it getting “bogged down” are a plus for us.
- Democrats have a solid bench of sluggers on Judiciary: Leahy (VT) (Ranking Member), Schumer (NY), Durbin (IL), Whitehouse (RI), Feinstein (CA), Klobuchar (MN), Franken (MN), Coons (DE), Blumenthal (CT) (though lists may change when new members are sworn in). But the Republican bench is also solid and well-respected.
- Treasury Dept.: Steve Mnuchin, who has it all: 17 years at Goldman Sachs (following his father’s footsteps there, but nah, no affirmative action ever helps white males), hedge fund manager, buyer of IndyMac (renamed as OneWest) that profited from fraudulently issuing subprime loans mostly to blacks and seniors, and then foreclosing. (Why are these people not in jail?) National finance chair for Trump Campaign.
- Opposition: Elizabeth Warren (MA) seems to be in the lead here, as well she should, with full support from Ron Wyden (OR), Ranking Member of Senate Finance Committee. Also reportedly opposing: right-winger Eric Erickson, pointing out (accurately, and agreeing with Sanders) that this is the opposite of the swamp-draining Trump promised.
- Commerce: Wilbur Ross, gazillionnaire Wall Street fraudster who profited like Mnuchin from the housing collapse. Owner of the Sago Mine where 12 miners died, a peculiar way for Trump to repay the coal miners who helped him to victory in PA, OH, and elsewhere.
- EPA: OK AG Scott Pruitt, climate change denier with a long history of suing the EPA to protect OK's lucrative oil and gas interests.
- Opposition: Climate advocate Sheldon Whitehouse (RI), Merkley (OR), Sanders (I-VT), Blumenthal (CT), supported by every environmental group you can name.
- Education: Betsy DeVos, ultra-wealthy MI funder of numerous right-wing initiatives and vigorous advocate of vouchers to use public funds for private schools, with a goal of basically destroying the concept of “public schools.” Also wants public schools to do “God’s work” of religious indoctrination.
- Opposition: First, some of the ultra-right-wing anti-Common Core people reportedly think she’s not ultra-right-wing enough against it. A letter saying she shouldn’t even get a hearing until she pays $5+ million in fines to the state of OH from a previous lawsuit was sent on Dec. 15 by Udall (NM), Markey (MA), Merkley (OR), Brown (OH), and Sanders (I-VT). Both major teachers’ unions (NEA and AFT) are strongly opposed.
- HHS: Rep. Tom Price (R-GA), currently House Budget Committee chair, ally of Speaker Paul Ryan. Physician, vigorous advocate of limiting access to contraception and of eliminating all government health care programs including Medicare, Obamacare, Medicaid, etc.
- Opposition: Schumer says Medicare is completely non-negotiable; will he lead the fight against Price?
- Labor: Andy Puzder, CEO of fast-food empire CKE Restaurants, the parent company of Hardee's and Carl's Jr. Longtime GOP donor. Serial violator of multiple labor laws. Advocates eliminating most workplace protections, including minimum wage, and the overtime rules. Fierce opponent of the Fight for $15, unions, paid sick leave, and everything else the Obama Labor Dept. under Tom Perez has been trying to achieve. Also anti-ACA, anti-choice, and has been accused of domestic violence.
- Opposition: Breitbart News, because Puzder (not surprisingly) thinks immigrants make a terrific low-wage workforce and should not be kicked out. More usefully, Elizabeth Warren (MA) and Mary Kay Henry, president of the politically active Service Employees International Union (SEIU).
- HUD: Ben Carson, whose only qualification (other than NYC-born-and-raised PEOTUS’s automatic association of dark skin with the word “urban”) seems to be that he lives in a house. Another “disrupter” whose obvious goal is to destroy the agency he’s tasked with running, and to make the photographs look less obviously whites-only-may-apply.
- Energy: Rick “Oops” Perry, who famously forgot that it was one of the agencies he wanted to completely eliminate. Climate change denier who sits (for six-figure annual honorarium — why don’t any of us ever get these cushy gigs?) on the Board of the company building the Dakota Access Pipeline, and who still may not realize that the DOE has responsibility for keeping the nuke arsenal safe.
- Opposition: So far, Heinrich (NM), with an assist from House Minority Leader Pelosi. Expect all the environmental groups here as well, plus anyone concerned about nuclear safety.
- Office of Management and Budget: Rep. Mick Mulvany (R-SC), Tea Party/Freedom Caucus Republican, austerity fanatic budget-slasher, leader of shutdown / hostage taking , staunch opponent of government spending (including Pentagon). See Jon Perr’s excellent take-down diary, as well as several items in today’s Abbreviated Pundit Round-up. Would present an interesting dilemma for PEOTUS’s loudly-touted $1 trillion infrastructure plan. Opponents: Nancy Pelosi; Tim Kaine (VA) issued a statement last night condemning Mulvany’s “pro-shutdown record” and attempts to defund Planned Parenthood. May get opposition from Republicans who love defense spending and only use “austerity” as a weapon to slash social programs.
- National Security Advisor: conspiracy-monger Lt. Gen. Michael Flynn, one of Trump’s closest confidants (the guy he listens to instead of the official DNI/CIA intelligence briefings). Caught while serving in Afghanistan releasing super-classified information to Australian and Pakistani allies, but not penalized (Clinton/gendered double standard, ya think?). Caught (with his son) actively recirculating the completely fake story about that nonexistent sex ring in the non-existent basement of the DC pizza parlor, which some dude decided to shoot up just in case. Fiercely anti-Muslim, pro-Turkish (Erdogan fan), and has a private consulting firm through which he may have shared classified information or profited from government position. (Why is he not in jail?)
- Opposition: Unfortunately, this position does not require Senate confirmation. However, Sen. Shaheen and Blumenthal have written to the FBI, DNI, and White House Director of Personnel Management to urge them to deny Flynn a security clearance, which presumably would make him ineligible for the job (though not, unfortunately, for Trump to continue to rely on his “judgment”).
- I suspect Flynn will be a key witness in any hearings about the Russian connection, and may himself be a target of the investigations, since he is one of the Trump inner circle who is known to have a close relationship with Putin. If we ever get to criminal indictments, I would think he, along with Manafort and Roger Stone, would be a prime target. I don’t think it’s out of the question that even in the short term, enough questions will be raised about his inability to separate CT from well-sourced information that his name may get pulled.
Some of the nominations look less problematic to me, but maybe that’s just because I don’t know enough about them. These are the ones that might not be a complete disaster:
- CIA: Rep. Mike Pompeo (R-KS), who historically has not been particularly Russia-friendly, so that could be interesting. The ACLU has a fairly critical fact sheet, however. Given the list, I’m suspending judgment on this one. And he’s not a military guy either.
- UN Ambassador: SC Gov. Nikki Haley, whose relevant experience seems to be that she has visited and has family connections to one of those foreign countries with a different currency and a distinctively accented variety of English; also she understands that the Confederate flag is not, in fact, a flag representing the US government. And apparently she is willing to be the scapegoat for all the international messes the PEOTUS gets us into — and, presumably, to dutifully take voting instructions from the Russian, Filipino, Turkish, and Israeli UN Ambassadors.
- Homeland Security: Gen. John Allen. I hate having a military general in charge of what should be a civilian agency. (He just retired in 2016 — but unlike Defense, there’s no required waiting period for HS.) But Allen sounds a lot saner and more balanced than many on this list and seems to have significant bipartisan support. ACLU review is mixed.
- Transportation: Elaine Chao, Secretary of Labor in the Bush II Administration and Deputy Secretary of Transportation under Bush I (and wife of Sen. Majority Leader Mitch McConnell, which of course had nothing to do with why she’s being nominated). One of the few nominees with actual experience in the Department she’d be tasked with running.
- Defense: Gen. James “Mad Dog” Mattis. Mixed response to this one. He needs a special waiver from Congress because he retired recently, and a law designed to keep the military under real civilian control has a seven-year exclusion for retired military. That seems a principle worth preserving, not granting waivers on. On the other hand, Mattis is reputed (despite his “Mad Dog” moniker) to be a non-hothead non-CT leader who might be a highly useful check on the impulsive let’s-go-shoot-or-bomb-’em-all hotheads.
- Interior: Rep. Ryan Zinke (R-MT), avid hunter. Was expected to be a strong challenger to Sen. Tester in 2018, so having him otherwise occupied might be good, unless he’s doing more damage at Interior.
- Small Business Administration: Linda McMahon, head of WWE pro-wrestling empire; major Trump backer. (Is the Mar-a-Lago now a “small business” eligible for special grants?)
I hope people will add comments, with a focus on reports on what Democrats and advocacy groups (ours) are actually doing, so that people can use that in exerting pressure. It’s a lot easier to urge your Senator to join an opposition bandwagon that’s already rolling, than to stick their neck out and be the first.