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Concern over Trump nominees: Legitimate or just politics?

Nomination hearings for the Trump Cabinet start this week. Democrats call eight nominees 'troublesome.' Their concerns are based on real issues, but they need to be careful about overreaching, experts say.

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Jonathan Ernst/Reuters
Senate majority leader Mitch McConnell (left) meets with Rex Tillerson, President-elect Donald Trump's pick to be secretary of State, at the Capitol in Washington last week.

Hearings for Donald Trump鈥檚 cabinet nominees begin this week, and Democrats have targeted eight as 鈥渢roublesome鈥 and deserving extra scrutiny.

That鈥檚 an unusually large number of 鈥渢roublesomes.鈥澛

Traditionally, incoming presidents are granted latitude to build their own cabinets. Being in the minority, Democrats can鈥檛 actually block the nominations on their own. But they can delay the process.

Their vocal concerns raise the question of how much scrutiny is due to legitimate ethical issues聽鈥 particularly potential conflicts of interest聽related to the complex financial holdings of very wealthy nominees 鈥 and how much is聽ideological differences and the attempt to further turn up the partisan dial.聽

鈥淚t鈥檚 a bit of both,鈥 observes Amy Walter, of the independent Cook Political Report.

Neither Republicans nor Democrats were prepared for a Donald Trump win, she says, so the vetting process has been rushed and is incomplete.

On Saturday, the Office of Government Ethics warned that this week鈥檚 stack of hearings 鈥 nine so far with five on Wednesday 鈥 has put 鈥渦ndue pressure鈥 on its staff to finish reviews. The jam-up has left some nominees 鈥渨ith potentially unknown or unresolved ethics issues鈥 before their hearings.

Ethics questions are a way for Democrats not only to go after the nominees, but also the president-elect himself. 鈥淓thics is the only chink in Trump鈥檚 armor, because he wants to 鈥榙rain the swamp,鈥 鈥 Ms. Walter says.

On the other hand, take away the Trump factor, and Republicans would still be putting up nominees who favor school vouchers, rolling back environmental regulations, and repealing the Affordable Care Act.

鈥淒emocrats need to be careful,鈥 Walter cautions. 鈥淎re they being constructive? Or are they being obstructionist?鈥

Weighing fairness with frustration

The eight that Democrats are targeting are: Sen. Jeff Sessions (R) of Alabama for attorney general; Rex Tillerson for secretary of State; Rep. Tom Price (R) of Georgia for Health and Human Services; Steven Mnuchin for Treasury; Scott Pruitt for the Environmental Protection Agency; Rep. Mick Mulvaney (R) of South Carolina for the Office of Management and Budget; Betsy DeVos for the Department of Education; and Andrew Puzder for the Department of Labor.

Senate committees are not uniform in the way they handle nominations. For instance, only three committees demand tax returns from a nominee. But all nominees have to go through a Federal Bureau of Investigation聽background check and a review with the Office of Government Ethics, including of their finances.

Democrats say they want nothing more than a 鈥渇air hearing鈥 for the eight 鈥 that all their vetting paperwork is in before hearings start, that each nominee gets two days of hearings so senators can consider their answers overnight, that each shares tax returns (a pointed contrast with Trump), and that the hearings are spread out, rather than bunched up.

Wednesday聽is not only the biggest day for hearings, it is also when Trump has said he will hold a long-awaited press conference to reveal how he will handle his vast business empire as president.

And聽Wednesday聽promises to be a long night 鈥 a 鈥渧ote-a-rama鈥 of amendments in which Democrats intend to make Republicans pay a political cost as they pass their first phase of Obamacare repeal legislation.

With all this news swirling, the nominee process will get short shrift in the media, Democrats contend.

But Senate majority leader Mitch McConnell (R) of Kentucky says he鈥檚 not changing anything. There will be no delay to the hearings and no change in committee practices.

鈥淚 know how it feels when you鈥檙e coming into a new situation and the other guy鈥檚 won the election,鈥 Senator McConnell said on CBS聽on Sunday.

鈥淲hat did we do? We confirmed seven cabinet appointments the day President Obama was sworn in. We didn鈥檛 like most of them either. But he won the election. So all of these little procedural complaints are related to their frustrations.鈥

The reviews only need be completed by the time of the confirmation vote on the Senate floor, McConnell said.

But Senate minority leader Charles Schumer (D) of New York, maintains that the start of the Obama administration differs from today鈥檚 circumstances. Those nominees got their paperwork in earlier. The Obama group also wasn鈥檛 dominated by billionaires and multimillionaires with complex finances.

鈥淲e鈥檙e not trying to be dilatory,鈥 Senator Schumer told reporters last week. 鈥淭here are so many issues about so many of them, that to rush them through would be a disservice to the American people.鈥

Democrats' concerns

He questioned, for instance, the strong anti-immigration stance of Senator Sessions, who has been nominated for attorney general, as well as the senator鈥檚 criticism of the Voting Rights Act 鈥 which he would be obligated to enforce. Sessions鈥檚 two-day hearing begins聽Tuesday.

Last week, Senate Democrats demanded that the House ethics office investigate Congressman Price鈥檚 sale of health-care stocks while pushing legislation that might favor the value of those shares.

And Democrats and Republicans have voiced concerns about Mr. Tillerson鈥檚 close business and personal ties to Russia as the head of ExxonMobil, and how that would affect his decisions as secretary of State. Tillerson in the meantime has reached an agreement to divest himself of his ExxonMobil stock. His hearings begin聽Wednesday.

Senators will also see that 鈥渉is views on Russia are not in any way out of the mainstream,鈥 said Sen. Bob Corker (R) of Tennessee at a聽Monitor breakfast聽Friday.

Senator Corker, who is one of Congress鈥檚 top dealmakers and is respected on both sides of the aisle, chairs the foreign relations committee and promises ample time for questioning. He predicted Tillerson will be 鈥渙verwhelmingly鈥 supported.

Defining 'troublesome'

It鈥檚 going to be hard to stop any of Trump鈥檚 nominees unless the FBI and ethics checks turn up something damning, says Paul Light, a professor of public service at New York University and an expert on the nomination process.

鈥淚鈥檓 not saying you could confirm an axe murderer, but it鈥檚 hard to stop somebody without really hard evidence of wrongdoing and that鈥檚 why so many cabinet secretaries are confirmed on the afternoon of inauguration day,鈥 says Mr. Light, who describes Schumer鈥檚 demands as 鈥渞easonable.鈥

But rather than scattering their fire at so many nominees, he cautions, Democrats should focus on those who threaten the programs that ordinary Americans favor and rely on 鈥 such as Social Security, Medicare, and Medicaid, which would come under the purview of Price at Health and Human Services.

鈥淵ou鈥檝e got to define 鈥榯roublesome鈥 and then you鈥檝e got to pick your target,鈥 said Light. 鈥淓ight is a very large number. Pick two.鈥

鈥淭roublesome鈥 to Light is the general lack of government experience among the nominees. It will take them six months to a year to figure out how to operate the levers of government, he says. 鈥淏y that time, you鈥檒l get people getting ready to leave.鈥

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