Some Senate Commerce Democrats Will Likely Back FCC Nominee Trusty on Wednesday
Republican FCC nominee Olivia Trusty could get more support Wednesday from Senate Commerce Committee Democrats than NTIA administrator pick Arielle Roth drew earlier this month (see 2504090037), but lobbyists told us the likely tally remained in flux Tuesday afternoon. Panel Democrats gave Trusty a warm reception at her April 9 confirmation hearing (see 2504090060), after only one caucus member, Sen. John Fetterman of Pennsylvania, joined all 15 Republicans to advance Roth. Senate Commerce's Wednesday markup session will begin at 10 a.m. in 253 Russell.
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Lobbyists said they expect Trusty to sail out of Senate Commerce with support from, at minimum, the 15 Republicans and Fetterman. Several other panel Democrats who gave the nominee positive reviews remain potential backers. Lobbyists said the level of Democratic support will be an early barometer of how quickly she can secure floor confirmation, although few expect the chamber can move her via unanimous consent.
A Senate Democratic aide told us a “significant” number of party-affiliated Commerce members could vote for Trusty. Some Democrats will likely follow the lead of Senate Commerce ranking member Maria Cantwell of Washington and Communications Subcommittee ranking member Ben Ray Lujan of New Mexico, observers said. Sen. Ed Markey, D-Mass., previously committed to vote against all of President Donald Trump's nominees.
Cantwell indicated that her decision on Trusty now depends on whether Republicans make commitments on an FCC Democratic nominee to succeed retiring Commissioner Geoffrey Starks, who is leaving this spring (see 2503180067). Uncertainty about Starks' seat will likely reduce what would otherwise be majority Democratic support for Trusty, lobbyists said.
“We're trying to find out what the Republicans want to do about” Starks’ seat, which traditionally would remain Democratic during a period of GOP White House control, Cantwell told us. She said she's concerned the Trump administration is “just going to try not to have a full, functioning FCC” by not nominating a successor. Democrats also worry that the possibility of Trump firing Commissioner Anna Gomez will scare off potential candidates for Starks’ seat (see 2504230051).
Lujan told us he's “open to supporting” Trusty but cautioned that he wanted to analyze the nominee’s written responses to his post-hearing questions before reaching a final decision. He emphasized his satisfaction with what Trusty said during the confirmation hearing about maintaining FCC independence from the executive branch, adding that she's “someone [who] worked for two senators [and was] always open to working with others,” including as an aide on Senate Commerce and the Armed Services Committee.
Wicker Forecasts 'Political' Opposition
Senate Armed Services Chairman Roger Wicker, R-Miss., was more pessimistic about Democrats’ appetite for backing Trusty, who has worked for him on that committee and when he was lead Commerce Republican. “In their hearts, they know she's the best person in the country” to join the FCC, he told us. “They may not be able to [vote for her] for political reasons, but they know she's a winner.” Wicker urged Trump in November to nominate Trusty (see 2411220045).
Jonathan Walter, the Leadership Conference on Civil and Human Rights' tech policy counsel, told us it's “disappointing but not surprising” that Senate Commerce Democrats gave Trusty a positive reception at her confirmation hearing, acknowledging that at least some party-affiliated members are likely to support her advancement. The Leadership Conference and two other groups previously urged Senate Commerce leaders to delay Trusty’s confirmation process until they get assurances that the Trump administration won’t subsequently fire the FCC’s Democratic commissioners (see 2504030067).
“We're concerned about [Trusty's] commitment to the independence and balance at the FCC,” given her responses to questions at the hearing, Walter said. “Instead of affirming her independence and addressing how the administration has already undermined the independence of other regulatory bodies, she just said she would focus on the rules.”
Walter said there are “limitations” to the leverage Cantwell and Senate Democrats have to force the Trump administration to name a party-affiliated replacement for Starks, since Republicans have a 53-47 advantage in the chamber. During the administration's first three months, “we've only seen Republicans in the Senate break with Trump a handful of times, and it's usually the same” small group, including former GOP Leader Mitch McConnell of Kentucky, Susan Collins of Maine and Lisa Murkowski of Alaska, Walter said: “Even when there are a handful of defections, it's usually not enough to kill a nomination.”
Trusty emphasized in her responses to Senate Commerce Democrats’ follow-up questions that whether “agencies like the FCC are legally independent from the Executive Branch is subject to pending litigation. Whatever the FCC’s legal status is determined to be, my commitment to this Committee and to Congress is that I will follow the facts in the record, FCC precedent, and the law with respect to any proceeding before the Commission, if confirmed.” Responding to a question from Cantwell about whether she would support Trump firing an FCC commissioner solely because of political affiliation, Trusty said she “would defer to the President, the Senate, and the Courts regarding the oversight and management of nominees.”