Cogito Ergo Non Serviam

Mattis Pentagon Appointment Gives Democrats Leverage

President-Elect Donald Trump has announced that Major General James Mattis of the US Marine Corps is his choice to be Secretary of Defense. Nicknamed "Mad Dog" and "The Warrior Monk," General Mattis had been in the armed forces for more than 40 years, retiring in 2013. Unfortunately, the law says no one who has been on active duty in the last 7 years can be Secretary of Defense. This gives the Senate Democrats some leverage to extract concessions. Done correctly, the White House and Senate Republicans could be forced to compromise. The man who had The Art of the Deal written for him may be in a position to accept a deal he otherwise wouldn't.

Thanks to a change in Senate rules in 2013, pushed through by Democratic leader Harry Reid, the filibuster cannot be used in presidential appointments except for those filling vacancies on the bench of the Supreme Court. That means the Trump cabinet can be filled by a simple majority vote. Since the GOP already has 51 members, and a run-off in Louisiana could raise that to 52, they have the votes to confirm any appointee to the cabinet. Presuming they vote along party lines, they are in complete control.

This rule change was probably for the best in the long run. A new president deserves to have the team he or she wants, and the 60 votes needed to break a filibuster is too much of a hurdle in these hyper-partisan days. This journal believes the filibuster to be a ridiculous rule unless reserved for extreme cases, and it has become standard operating procedure in the Senate. This journal would not miss it in the least were it abolished.

That said, the Democrats find that they have absolutely no leverage with the Republicans and the White House without the filibuster. So, the fact that General Mattis needs a special waiver of the seven-year rule in order to be eligible to serve at the Pentagon is important. Very few other qualified candidates would need this waiver, which is not part of the simple nomination process. The rule is part of the US Code (The National Security Act of 1947, which had a 10-year requirement, reduced to 7 in a 2008 appropriations bill), meaning special legislation would be needed. The House would clearly vote to pass it, and so would the Senate Republicans, but they will be 8 or 9 votes short of breaking a filibuster on that legislation.

The one and only time such a waiver passed was in 1950 when General George C. Marshall was given one to serve as Secretary of Defense under Harry Truman. When the waiver was passed, Congress included language that basically said no future waivers should be given. Civilian control of the armed forces lies at the core of this rule, and one can see how the appointment of a recently demobbed individual could undermine it.

The Democrats must understand that preventing the Mattis appointment is probably not in their long-term interests nor those of the nation. However, the fact that they can filibuster his waiver is a bargaining chip. The caucus needs to think long and hard over this. What can they get in exchange? Protections for certain aspects of Obamacare? A guarantee that the Iran nuclear deal will not be amended or scuttled? Some appealing provisions within the tax reform bill?

Naturally, they ought not to overplay their hand. If they ask for too much and if it takes too long, the Trump propaganda machine will make life difficult and reduce their ability to affect events. Senate Minority Leader Chuck Schumer of New York has an opportunity that could make a difference if taken correctly.

Of course, the Senate Republicans can change the rules themselves, but only on the first day of the session. Mitch McConnell may not want to give up the power of the filibuster for future Republican minorities given how much he came to rely on it of late.

© Copyright 2016 by The Kensington Review, Jeff Myhre, PhD, Editor. No part of this publication may be reproduced without written consent. Produced using Ubuntu Linux.



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