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House GOP Plays Hardball on Mattis Appointment
Breaking from Politico:
House Republicans released a short-term spending bill Tuesday containing language designed to speed confirmation of retired Gen. James Mattis to be Donald Trump’s defense secretary. The move will force Senate Democrats to decide whether to oppose the budget legislation over the matter — and risk a government shutdown — ahead of a Friday deadline.
The language would still require Mattis to receive 60 votes for a waiver needed to join Trump’s Cabinet because of his recent military service. But it would expedite the Senate process in advance of Trump’s swearing-in.
Risking a government shutdown to gain a conservative victory? Hopefully the GOP will get used to this having-a-backbone thing.
Published in General
I’m having trouble understanding what I just read. House Republicans did this? Like for real?
In the military we call this a “balls out” maneuver. Dang.
No kidding!
Wake me I must be dreaming
Argumentative hat on — what are they really risking here? Do dems oppose Mattis or just Trump in general? Is this merely symbolic since Mattis likely has a relatively smooth confirmation path because of enormous amount of respect he has from his service and for his character?
When did the left ever respect military service and character? Not in my lifetime, and I am 57 years old.
I guess this is one of the perks of controlling both the Executive and Legislative branches. This could be a very productive “lame duck” session.
What’s good for the goose…
This is … like a strategy or something.
How the hell did that happen?
It would be the Dems shutting down the government this time.
I’m not sure I understand the strategy.
So it’s basically a case-specific suspension of filibuster rules?
And approval for other Cabinet appointments will not take so long, breaking “GOP momentum” in identical fashion?
PR determines who gets blamed for “shutdowns” and how the effects are understood. Who controls Congress is irrelevant. Have Republicans learned to play the media game?
I have an annoying question. Is waiving the law for an individual rather than changing it for all in keeping with our principles of equality before the law? I think Mattis is amazing. He should be SecDef, but the timing sucks. 10 USC § 113 (a) states plainly:
There is no provision for waiver. How is this action, even for this unquestionably great man, proper?
It was waived for George Marshall when he became Secretary under Harry Truman. So there’s precedent, if nothing else.
The Federalist asks the same question.
I’m inclined to agree, although I’d argue that changing the law for the purpose would have the same appearance as a simple waiver.
Also, FWIW I read somewhere that the law would not likely stand up in court if challenged, the theory being that Congress cannot tie the hands of presidential appointments this way.
Well, there’s some. Senator Gillibrand is on record as opposing the nomination, don’t know if there are others.
Thanks for the link. I’d argue that if the law would deny us the service of Mattis in this respect then it is a bad law.
So for this we are all gung-ho about a government shutdown but we can’t risk defunding Obama’s illegal amnesty, cease funding Planned Parenthood, or force a change to the tax on medical equipment that is in Obamacare? Man we have some serious priority problems within the GOP.
I think Congress has the latitude to determine the qualification minimums of appointed officials as they have done so in several respects without challenge. I also think this is a bad standard to maintain.
The reason the Democrats would filibuster Matthis is that Matthis is the only cabinet pick they can filibuster.
Harry Reid nuked the filibuster for cabinet choices in the last Congress. So, the Democrats will not be able to filibuster on actual appointments. But Matthis needs a waiver from Congress to be considered due to a law passed in 1948 about the length of time a former member of the military has to be out of the military before being eligible to serve as Secretary of Defense.
Please note, this law is an act of Congress, not holy writ. It can be overridden by another act of Congress, just as any act can be amended or repealed. However that act to exempt Matthis is legislation. It is subject to filibuster. So, even though Matthis is Trump’s best cabinet pick, if the Democrats want a fight, it is about the only hill they have left to die on.
To an extent, the Repubicans want this fight, because 24 Democrat Senators are up for re-election in 2018, many from red states. It is possible the Dems could not sustain a filibuster, but if they can, it requires a lot of vulnerable Democrats to take an unpopular stance.
Seawriter
Likely why the House went this route. Of course, they could just as easily have added a single line to the CR to amend one line in the 10USC§113(a) to lower the threshold. That would have taken Mattis completely out of their hands.
I think in this case it’d be the Democrats initiating the shutdown.
I’m not impressed. I’m sure they will find a way to back down. They’re good at posturing, not good at back bone.
The Cubs won the World Series in November and Donald Trump was also elected President.
This, though. Even more unlikely.
This may take the cake. I’m going to check again in the morning and see if I dreamed it up.
The Republicans didn’t have an 800-pound gorilla on Twitter before.
Congress has been highly ineffectual for years, and now they discover their spine in order to get a waiver for a law that is in conflict with the President’s constitutionally explicit power to appoint anybody he wants. The original law was unconstitutional and Trump could simply blow by it. Hope he does.
Rest assured, it will be defined by the media as the Republicans’ fault. No “clean bill” etc etc.
Dang, Skyler! You’re almost as cynical as I am!
I expect every Trump nominee to be Borked because… Trump!
The Republicans need to play just as nasty and mean it.
And this time it won’t mean symbolic shutdowns of parks and monuments. Make em shut down things that will hurt the Left we don’t want anyway.