Trump Nominees Withdraw at Record Rate as Rare GOP Dissent Grows

Senate Republicans are quietly pushing back against President Donald Trump’s mid-level nominees, prompting more picks to withdraw than any president in recent history.

The White House has withdrawn more than 50 nominees so far this Congress — the most in any single year over the last few decades, a Bloomberg Government analysis of Senate records shows. The nominees have cited a variety of reasons for their withdrawal, including health and personal considerations, but a growing number have backed out because enough Republican senators said they wouldn’t support their confirmation.

When the Senate returns from recess next week, Trump’s nominees are likely to get renewed attention on Capitol Hill after weeks focused on resolving the shutdown.

After success swiftly getting most of his Cabinet in place, nominees including Paul Ingrassia to head the Office of Special Counsel, EJ Antoni to lead the Bureau of Labor Statistics, and Ed Martin for US attorney were scrapped when it was clear the White House didn’t have enough GOP support. There are signs more nominees could face trouble, as Republican senators voice opposition to Amer Ghalib’s nomination to be ambassador to Kuwait.

The pushback is a rare example of dissent among Republicans in Congress, who have often followed the president’s lead since he returned to office. That trend of dissent is growing as Republicans rebuff Trump’s demands that they terminate both the legislative filibuster and the tradition of allowing home-state senators a say on certain judicial nominees.

Republican senators have been criticized by the Trump administration for opposing his picks. But they argue they’re helping the administration find the best candidates and preserving the future of the checks and balances.

“We owe it to the president to say you can do so much better,” Sen. Thom Tillis (R-N.C.), who’s retiring after this term, told Bloomberg Government. He said there’s a risk that senators urged to back all of their party’s nominees could become “commonplace in the next Democrat administration.”

Ingrassia’s withdrawal is the most recent high-profile example of a candidate who had to be pulled after key Republican senators said they would oppose him after reports of controversial text messages, including where he allegedly described himself as having a “Nazi streak” at times.

Sen. Ron Johnson (R-Wis.) said Ingrassia’s nomination never should have gotten as far as it did. It was a sentiment shared by several GOP senators before he was set for a hearing.

It’s one thing “if the president wants to have him in another role,” Sen. James Lankford (R-Okla.) said. “To have Senate confirmation, it’s totally different.”

Some withdrawn nominees have remained in the administration in roles that don’t require Senate confirmation, including Ingrassia who serves as White House liaison for the Department of Homeland Security, and Martin, who is the Justice Department’s pardon attorney. Nominees need 51 votes for confirmation, meaning they can lose only three GOP votes if all Democrats oppose.

New Process

The list of nominees who have withdrawn has grown as senators have success in withholding support for certain picks. Most recently, the White House withdrew the nomination of Joel Rayburn, Trump’s choice for an assistant secretary of state, which came after Sen. Rand Paul (R-Ky.) raised concerns about him.

Despite the withdrawals, the Senate confirmed Trump’s nominees at an accelerated pace after lowering the vote threshold needed to approve them in large groups.

Read more: Senate Votes Hit 48-Year High While House Hangs Back From DC

Republicans made the move after Democrats blocked more traditional expedited consideration, such as voice votes or unanimous consent. Minority Leader Chuck Schumer (D-N.Y.) said they opposed faster consideration because “historically bad nominees deserve a historic level of scrutiny.” Democrats have sought to capitalize on the number of Trump nominees withdrawn in recent months.

The number of Trump nominees withdrawn has increased since Sept. 30, the day it became clear the government would shut down. Trump pulled back a dozen nominees in September — the most of any month this year. The final reason a nominee withdraws isn’t always clear, and may be based on a mix of factors.

Republican opposition is more notable in the new process of confirming nominees in batches because leadership pulls out of the groups any individual nominee who faces GOP objections. That nominee would then get a standalone vote.

Resisting Demands

Ghalib’s ambassador nomination will be in question as senators return next week, with several Republicans opposing him. Republicans have criticized Ghalib, the mayor of Hamtramck, Mich., for his past comments, arguing he’s praised the Muslim Brotherhood and blasted Israel.

“Your long-standing views are directly contrary to the views and positions of President Trump and to the position of the United States,” Sen. Ted Cruz (R-Texas) told Ghalib. “I, for one, am not going to be able to support your confirmation.”

Meanwhile, Trump is ramping up the pressure on Senate Republicans to make even bigger changes to the chamber, but he’s seeing resistance there, too.

Trump is increasingly pressing Republicans to kill the legislative filibuster, which requires 60 votes to pass most legislation, and get rid of the blue slip tradition, which allows home-state senators approval over certain judicial nominations.

He’s attacked Judiciary Chairman Chuck Grassley (R-Iowa) for preserving the tradition and leading to withdrawals. But senators have protected that process.

The success of blocking lower-level nominees behind the scenes shows the Senate is willing to occasionally buck Trump. But Republican senators’ resolve will be tested anew as Trump presses for more drastic changes to the tradition-bound chamber.

“I could be wrong — but I doubt it — we’re not going to change the filibuster or the blue slip while we’re in charge,” Sen. John Kennedy (R-La.) said.