Politics
What Trump's New Cabinet and Administration Picks Have in Common
A number of patterns have emerged among the people President-elect Donald J. Trump has indicated he wants to fill his cabinet and other senior-level positions in his administration.
Some points of commonality are historically typical among senior White House and cabinet officials — Harvard, Yale and Princeton are well represented among his selections’ alma maters, for instance. Other uniting factors are unprecedented: Many on the list have denied or questioned the results of the 2020 presidential election, often a prerequisite for gaining Mr. Trump’s favor. And some lack the traditional qualifications shared by their predecessors.
Indeed, it appears that the most important qualifier in Mr. Trump’s mind has been fealty to him, which many of his picks have demonstrated in various ways over the past few years.
See some of the links between more than 60 potential members (in some cases pending confirmation) of the incoming administration, below.
At least 5 are billionaires.
Mr. Trump has picked two billionaires to lead key economic departments, raising questions about whether his administration will follow through on promises to boost the working class.
Scott Bessent, his choice for treasury secretary, is a hedge fund manager who invested money for George Soros, a liberal philanthropist, for more than a decade. Howard Lutnick, his pick for commerce secretary, is a Wall Street executive. Both Mr. Bessent and Mr. Lutnick have been vocal in their support for Mr. Trump’s plan to impose tariffs on imports, although they may prefer a more targeted approach.
Billionaire entrepreneurs Elon Musk and Vivek Ramaswamy will lead what Mr. Trump is calling the Department of Government Efficiency. Mr. Trump has said the new initiative would operate outside of the government and offer input to federal officials.
At least 8 have been major Trump donors.
The president-elect has also selected major campaign donors for key positions, including four to lead cabinet agencies: Mr. Lutnick and Mr. Bessent, as well as Chris Wright to lead the Energy Department and Linda McMahon to lead the Education Department. (Ms. McMahon and Mr. Lutnick are also co-chairs of the Trump transition.) As of the last federal filing, their contributions to support Mr. Trump during the 2024 election cycle ranged from $350,000 to $20 million.
John Phelan, Mr. Trump’s pick for Navy secretary, and his wife, Amy, donated more than $1 million to Mr. Trump’s joint fund-raising campaign committee.
Steven Witkoff, a billionaire real estate mogul who has given nearly $2 million to Mr. Trump’s political causes over the past decade, was named special envoy to the Middle East. He was on the golf course with Mr. Trump in September during a second assassination attempt.
Mr. Musk poured at least $75 million into a new pro-Trump super PAC and promised on Oct. 19 to award one voter $1 million every day through Election Day. The Justice Department warned Mr. Musk that the giveaway might be illegal, but a judge in Philadelphia refused to halt the sweepstakes.
Charles Kushner, Mr. Trump’s pick for ambassador to France, is a real estate executive who gave at least $2 million to support Mr. Trump.
At least 12 hosted or co-hosted events at Mar-a-Lago.
After Mr. Trump left the White House, Mar-a-Lago became the headquarters of the MAGA movement. Events hosted by right-wing organizations and politicians there largely replaced traditional Palm Beach society galas on the resort’s calendar, as a visit became an essential rite for many Republican candidates.
Many of Mr. Trump’s recent picks were regular fixtures at Mar-a-Lago during this time. Some did more than visit, choosing to host expensive receptions on the property. As Mar-a-Lago’s owner, Mr. Trump is the beneficiary of its profits.
Several of the proposed officials have held campaign fund-raisers or served on the host committee to support another candidate’s event. Others hosted or co-hosted larger events for organizations they lead or champion.
At least 13 made appearances at Trump’s criminal trial in New York.
Mr. Trump’s criminal trial in Manhattan was a staging ground for allies to prove their loyalty. Several of his recent picks traveled to New York in the spring to show support. Some were there in a professional context. Todd Blanche, Mr. Trump’s choice for deputy attorney general, was one of his trial lawyers, and Susie Wiles, Mr. Trump’s incoming chief of staff, was co-chair of his 2024 presidential campaign.
Others, like Vice President-elect JD Vance and Doug Burgum, Mr. Trump’s pick for interior secretary, attended the trial as spectators and attacked members of the presiding judge’s family on behalf of Mr. Trump, who was under a rule of silence. Both were considered potential running mates at the time.
At least 17 are associated with the America First Policy Institute or Project 2025.
Mr. Trump spent much of the campaign distancing himself from Project 2025, a sprawling initiative spearheaded by the Heritage Foundation that included a “blueprint” document for a new conservative administration that was authored in part by former Trump staffers. But since winning the election, Mr. Trump has picked at least seven people with ties to the controversial conservative policy initiative to serve in his administration.
Project 2025 also includes a database of Heritage-vetted personnel intended to help a Republican president build rank-and-file staff. It remains to be seen to what extent those candidates will be hired in the new administration.
The America First Policy Institute, which like the Heritage Foundation is a pro-Trump think tank, is also heavily represented in his picks so far. At least 11 of the people among his picks have ties to the upstart policy group. Much like Project 2025, the think tank has prepared staffing plans and a policy agenda, and it reportedly has drafted nearly 300 executive orders ready for Mr. Trump’s signature.
At least 11 are or have been Fox hosts or contributors.
Some of Mr. Trump’s appointees are closely linked to Fox as either hosts, former hosts or contributors. Pete Hegseth was a host on “Fox & Friends” until he became Mr. Trump’s pick for defense secretary. Mr. Hegseth’s co-host was Rachel Campos-Duffy, who is married to Sean Duffy, Mr. Trump’s cabinet pick for transportation secretary. Mr. Duffy also co-hosted a show on Fox Business.
Mr. Trump’s choice for ambassador to Israel, Mike Huckabee, hosted a show on Fox for seven years. More recently, Mr. Ramaswamy was tapped to host a five-part series on Fox Nation.
Many more figures in Mr. Trump’s orbit are frequent guests on Fox News, and several not counted here have contributed digital columns to the Fox News website. Mr. Wright caught Mr. Trump’s attention in part through his appearances on Fox News.
At least 9 are or have been registered lobbyists.
The revolving door between lobbying and government is a tradition in Washington — and one of the practices Mr. Trump pledged to eliminate when he said he would “drain the swamp.” But some of the people Mr. Trump has tapped for his administration have deep ties to that very swamp.
Ms. Wiles was registered as a lobbyist until early this year. Pam Bondi, Mr. Trump’s choice for attorney general, joined a lobbying firm run by a prominent Florida fund-raiser after she finished her second term as Florida attorney general. Mr. Duffy lobbied for a coalition of airlines in 2020.
Some of Mr. Trump’s selections not shown here have acted as lobbyists without officially registering — another longstanding custom in the nation’s capital. Russell T. Vought, Mr. Trump’s choice to lead the Office of Management and Budget, noted in paperwork for his 2017 Senate confirmation hearing that he had “engaged in grassroots lobbying.”
At least 28 served in or advised the previous Trump administration.
More than two dozen of Mr. Trump’s cabinet and other senior-level picks also served in some capacity in his first administration.
Some have been chosen for roles related to their previous jobs. Thomas Homan was the acting director of U.S. Immigration and Customs Enforcement during Mr. Trump’s first term and has been named the border czar, a position that does not require Senate confirmation, for the coming term.
Others have been tapped for roles less related to their previous positions. Ms. McMahon was the administrator of the Small Business Administration from 2017 to 2019, and she is now Mr. Trump’s choice for education secretary.
Several on this list did not have official, full-time jobs during Mr. Trump’s last term, but they were chosen by him to sit on advisory boards. Those people include Mr. Witkoff, Mr. Huckabee and Mr. Musk.
Explore the members of Mr. Trump’s proposed senior staff below.
Treasury secretary
—
National Institutes of Health director
— White House deputy chief of staff
—
Deputy attorney general
—
Attorney general
Member of board of trustees of the John F. Kennedy Center for the Performing Arts
Senior adviser for Arab and Middle Eastern affairs
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White House legislative affairs director
Deputy to the associate director for White House deputy chief of staff
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Interior secretary
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F.C.C. chairman
F.C.C. commissioner
Labor secretary
—
White House communications director
White House director of strategic response Veterans affairs secretary
—
Transportation secretary
—
Director of national intelligence
—
White House director of personnel
—
Deputy assistant to the president and senior director for counterterrorism
Deputy assistant to the president and strategist U.S. trade representative
Chief of staff to trade representative
Director of the Domestic Policy Council
Deputy assistant to the president
Director of White House National Economic Council
Chair of the Council of Economic Advisers
Defense secretary
—
Ambassador to Canada
Ambassador to the Netherlands Border czar
Acting director of U.S. Immigration and Customs Enforcement
Ambassador to Israel
Member of board of trustees of the John F. Kennedy Center for the Performing Arts
Special envoy to Ukraine and Russia
National security adviser to the vice president
Health and human services secretary
—
Ambassador to France
— White House public liaison director
Special assistant to the president
White House press secretary
Assistant White House press secretary
Commerce secretary
—
F.D.A. commissioner
—
White House counsel
White House cabinet secretary Education secretary
Small business administrator
White House deputy chief of staff
Senior adviser
Co-lead, government efficiency
Member of Great American Economic Revival industry group
U.S. surgeon general
—
Homeland security secretary
— Deputy secretary of health and human services
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Medicare and Medicaid administrator
Member of president’s council on sports, fitness and nutrition
F.B.I. director
Chief of staff to acting defense secretary
Navy secretary
—
White House political affairs director
— Co-lead, government efficiency
—
C.I.A. director
Director of national intelligence
Agriculture secretary
Acting domestic policy adviser
Secretary of state
—
U.S. solicitor general
— White House deputy chief of staff
White House deputy chief of staff
White House staff secretary
—
U.N. ambassador
—
Housing and urban development secretary
Executive director of White House opportunity and revitalization council
Vice president
— Office of Management and Budget director
Office of Management and Budget director
National security adviser
—
C.D.C. director
—
NATO ambassador
Acting attorney general
White House chief of staff
— Middle East envoy
Member of Great American Economic Revival industry group
Assistant to the president and principal deputy national security adviser
Deputy special representative for North Korea
Energy secretary
—
E.P.A. administrator
—
Methodology This list reflects 61 cabinet and senior-level position picks that Mr. Trump had announced as of noon Eastern on Dec. 2.
To determine ties to Project 2025, The Times checked Mr. Trump’s proposed staff members against the authors, editors and contributors to the Project 2025 playbook, as well as the instructor lists in Project 2025’s training programs. Ties to the America First Policy Institute were determined by whether an individual had a listed role on the conservative group’s website or has served as a fellow for the group.
To determine ties to Fox News, The Times searched for each staff pick on Fox’s website, which lists individuals’ affiliations with Fox News. In instances where a biographical page was not available for a nominee, The Times attempted a further search on the Internet Archive and consulted news articles that described other relationships between the potential nominees and appointees and Fox News. In many cases, nominees had a presence on the Fox News website in the form of submitted opinion articles, but were not described as Fox contributors, so The Times did not classify them as being tied to Fox directly.
Accounts by Times reporters and photographers who covered Mr. Trump’s trial in New York were used to determine whether one of Mr. Trump’s picks attended the trial.
Those labeled billionaires have been referred to as such in other Times coverage. Major donors include people who gave at least $250,000 to support Mr. Trump during the 2024 election cycle.
The Times used congressional lobbying disclosure databases to determine whether an individual is or has ever been a registered lobbyist.
To determine whether one of Mr. Trump’s picks hosted or co-hosted an event at Mar-a-Lago, The Times used permits from the town of Palm Beach; federal, state and county campaign finance records; tax records; social media posts; and promotional materials from organizations that held events.
The Times used the official White House archive from the first Trump administration to determine whether people selected for the second administration also served in the first. Some held multiple positions during the course of the administration. In most cases, the chart reflects the last position they held.
Scott Bessent
first term
event(s)
N.Y. trial
to Fox
Jay Bhattacharya
first term
event(s)
N.Y. trial
to Fox
James Blair
first term
event(s)
N.Y. trial
to Fox
Todd Blanche
first term
event(s)
N.Y. trial
to Fox
Pam Bondi
first term
event(s)
N.Y. trial
to Fox
Massad Boulos
first term
event(s)
N.Y. trial
to Fox
James Braid
first term
legislative affairs
event(s)
N.Y. trial
to Fox
Taylor Budowich
first term
event(s)
N.Y. trial
to Fox
Doug Burgum
first term
event(s)
N.Y. trial
to Fox
Brendan Carr
first term
event(s)
N.Y. trial
to Fox
Lori Chavez-DeRemer
first term
event(s)
N.Y. trial
to Fox
Steven Cheung
first term
event(s)
N.Y. trial
to Fox
Doug Collins
first term
event(s)
N.Y. trial
to Fox
Sean Duffy
first term
event(s)
N.Y. trial
to Fox
Tulsi Gabbard
first term
event(s)
N.Y. trial
to Fox
Sergio Gor
first term
event(s)
N.Y. trial
to Fox
Sebastian Gorka
first term
event(s)
N.Y. trial
to Fox
Jamieson Greer
first term
event(s)
N.Y. trial
to Fox
Vince Haley
first term
event(s)
N.Y. trial
to Fox
Kevin Hassett
first term
event(s)
N.Y. trial
to Fox
Pete Hegseth
first term
event(s)
N.Y. trial
to Fox
Pete Hoekstra
first term
event(s)
N.Y. trial
to Fox
Thomas Homan
first term
event(s)
N.Y. trial
to Fox
Mike Huckabee
first term
event(s)
N.Y. trial
to Fox
Keith Kellogg
first term
event(s)
N.Y. trial
to Fox
Robert F. Kennedy Jr.
first term
event(s)
N.Y. trial
to Fox
Charles Kushner
first term
event(s)
N.Y. trial
to Fox
Alex Latcham
first term
event(s)
N.Y. trial
to Fox
Karoline Leavitt
first term
event(s)
N.Y. trial
to Fox
Howard Lutnick
first term
event(s)
N.Y. trial
to Fox
Martin A. Makary
first term
event(s)
N.Y. trial
to Fox
Bill McGinley
first term
event(s)
N.Y. trial
to Fox
Linda McMahon
first term
event(s)
N.Y. trial
to Fox
Stephen Miller
first term
event(s)
N.Y. trial
to Fox
Elon Musk
first term
event(s)
N.Y. trial
to Fox
Janette Nesheiwat
first term
event(s)
N.Y. trial
to Fox
Kristi Noem
first term
event(s)
N.Y. trial
to Fox
Jim O’Neill
first term
event(s)
N.Y. trial
to Fox
Mehmet Oz
first term
event(s)
N.Y. trial
to Fox
Kash Patel
first term
event(s)
N.Y. trial
to Fox
John Phelan
first term
event(s)
N.Y. trial
to Fox
Matt Brasseaux
first term
event(s)
N.Y. trial
to Fox
Vivek Ramaswamy
first term
event(s)
N.Y. trial
to Fox
John Ratcliffe
first term
event(s)
N.Y. trial
to Fox
Brooke Rollins
first term
event(s)
N.Y. trial
to Fox
Marco Rubio
first term
event(s)
N.Y. trial
to Fox
D. John Sauer
first term
event(s)
N.Y. trial
to Fox
Dan Scavino
first term
event(s)
N.Y. trial
to Fox
Will Scharf
first term
event(s)
N.Y. trial
to Fox
Elise Stefanik
first term
event(s)
N.Y. trial
to Fox
Scott Turner
first term
event(s)
N.Y. trial
to Fox
JD Vance
first term
event(s)
N.Y. trial
to Fox
Russell T. Vought
first term
event(s)
N.Y. trial
to Fox
Michael Waltz
first term
event(s)
N.Y. trial
to Fox
Dave Weldon
first term
event(s)
N.Y. trial
to Fox
Matthew Whitaker
first term
event(s)
N.Y. trial
to Fox
Susie Wiles
first term
event(s)
N.Y. trial
to Fox
Steven Witkoff
first term
event(s)
N.Y. trial
to Fox
Alex Wong
first term
event(s)
N.Y. trial
to Fox
Chris Wright
first term
event(s)
N.Y. trial
to Fox
Lee Zeldin
first term
event(s)
N.Y. trial
to Fox
Politics
Video: Democrats Press Noem on Harsh Immigration Tactics
new video loaded: Democrats Press Noem on Harsh Immigration Tactics
transcript
transcript
Democrats Press Noem on Harsh Immigration Tactics
Some Democratic lawmakers pressed Homeland Security Secretary Kristi Noem on the Trump administration’s aggressive immigration enforcement tactics during a hearing on Thursday.
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“Madam Secretary, your incompetence and your inability to truthfully carry out your duties of secretary of Homeland Security — if you’re not fired, will you resign?” “Sir, I will consider your asking me to resign as an endorsement of my work. Thank you very much.” “Secretary Noem, Trump administration — you’re going after the worst of the worst criminals, and we agree with you. The problem is, 70 percent of the people you’ve arrested have no criminal record. You’re going after noncriminal immigrants, U.S. citizens and permanent legal residents.” “Madam Secretary, you and the gentleman from N.C.T.C. referenced the unfortunate accident that occurred with National Guardsmen being killed.” “Do you think that was an unfortunate accident?” “I mean —” “It was a terrorist attack.” “Wait, wait. Look, I’ll get it straight. Then you can —” “He shot our National Guardsmen in the head.” “It was an unfortunate situation, but you blamed it solely on Joe Biden. Trump administration, D.H.S., your D.H.S. approved the asylum application.”
By Jorge Mitssunaga
December 11, 2025
Politics
The Speaker’s Lobby: What Congress’ December script means for healthcare next year
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This December on Capitol Hill appears to follow a familiar script.
There’s a deadline for Congress to act on (insert issue here). And if lawmakers don’t move by Jan. 1, then (insert consequence here). So, everyone on Capitol Hill clamors over pathways to finish (given issue). Lawmakers and staff are at the end of their wits. Everyone is worried about Congress successfully fixing the problem and getting everyone home for the holidays.
There’s always the concern that Congress will emerge as The Grinch, pilfering Whoville of Christmas toys.
But lawmakers often wind up toiling with the diligence and efficiency of Santa’s elves, plowing through late-night, overnight and weekend sessions, usually finishing (insert issue here) in the St. Nick of time.
THE HITCHHIKER’S GUIDE TO THURSDAY’S BIG SENATE VOTES ON HEALTHCARE
This pattern is always the same. With few variations.
This parliamentary dance of the sugar plum fairies frequently centers on deadlines for government funding, the debt ceiling and tax policy. Such was the case when the Senate passed the first version of Obamacare on Christmas Eve morning in 2009. Republicans skated on thin ice to finish their tax reform package in December 2017.
Lawmakers moved expeditiously to approve a defense policy bill in late 2020, then made sure they had just enough time on the calendar to override President Trump’s veto of the legislation before the very end of the 116th Congress in early January 2021.
The deadlines sometimes veer into the political. There was a crush to finish articles of impeachment on the House floor for both presidents Clinton and Trump in December 1998 and December 2019, respectively.
And, so, after everyone got this fall’s government shutdown worked out of their systems, lawmakers were far from prepared to address its root cause. Democrats refused to fund the government unless Congress addressed spiking healthcare premiums. Those premiums shoot up on Jan. 1. And no one has built enough consensus to pass a bill before the end of the year.
Yet.
This December is playing out like many others on Capitol Hill. (Celal Gunes/Anadolu via Getty Images)
But it’s only mid-December. And everyone knows that the congressional Christmas legislative spirit can be slow to take hold. Some of that holiday magic may have officially arrived Thursday afternoon after the Senate incinerated competing Republican and Democratic healthcare plans.
Senate Minority Leader Chuck Schumer, D-N.Y., pushed a three-year extension of the current Obamacare subsidies with no built-in reforms.
“This is going to require that Democrats come off a position they know is an untenable one and sit down in a serious way and work with Republicans,” Senate Majority Leader John Thune, R-S.D., said of the Democratic proposal.
Thune characterized the Democrats’ gambit as “a political messaging exercise.”
MODERATE REPUBLICANS STAGE OBAMACARE REBELLION AS HEALTH COST FRUSTRATIONS ERUPT IN HOUSE
Republicans even mulled not putting forth a healthcare plan at all. It was the group of Senate Democrats who ultimately helped break a filibuster to reopen the government last month that demanded a healthcare-related vote (not a fix, but a vote) in December. So, that’s all Thune would commit to.
“If Republicans just vote no on a Democrat proposal, we’ll let the premiums go up and Republicans don’t offer anything. What message is that going to send?” asked Sen. Josh Hawley, R-Mo. “I know what people in Missouri will think. They’ll look at that, and they’ll say, ‘Well, you guys don’t do anything. You’ve just let my premiums go up.’”
It may yet come to that.
Sen. Josh Hawley, R-Mo., questioned what message “no” votes by his party would send. (Valerie Plesch/Bloomberg via Getty Images)
So, there’s a holiday healthcare affordability crisis.
“People are looking now at exactly what’s ahead for them, and they’re very, very frightened,” said Sen. Ron Wyden, D-Ore., the top Democrat on the Senate Finance Committee.
But most Senate Republicans coalesced around a plan drafted by Senate Finance Committee Chairman Michael Crapo, R-Idaho, and Senate Health Committee Chairman Bill Cassidy, R-La. The bill would not renew Obamacare subsidies. Instead, it would allow people to deposit money into a healthcare savings account and shop around for coverage.
“Our plan will reduce premiums by 1% and save taxpayers money,” boasted Crapo. “In contrast, the Democrats’ temporary COVID bonuses do not lower costs or premiums at all.”
With skyrocketing prices, Republicans are desperate to do something, even if it’s a figgy pudding leaf, as they face competitive races next year.
COLLINS, MORENO UNVEIL OBAMACARE PLAN AS REPUBLICANS SEARCH FOR SOLUTION TO EXPIRING SUBSIDIES
“It has nothing to do with me. It has everything to do with people in Ohio and across America who need to be able to afford access to healthcare,” said Sen. Jon Husted, R-Ohio.
Gov. Mike DeWine, R-Ohio, appointed Husted to succeed Vice President Vance after he left the Senate. So, 2026 will be Husted’s first time on the ballot for the Senate.
There was some chatter that Republicans might allow for a limited extension of the Obamacare aid so long as Democrats agreed to abortion restrictions in exchange.
“Off the table. They know it damn well,” thundered Schumer.
Senate Minority Leader Chuck Schumer, D-N.Y., said abortion restrictions in exchange for a limited extension are “off the table.” (Tom Williams/CQ-Roll Call, Inc via Getty Images)
So, the competing plans needed 60 yeas to clear a procedural hurdle. But that also meant that both plans were destined to fail without solving the problem before the end of the year.
“We have to have something viable to vote on before we get out of here,” lamented Sen. Thom Tillis, R-N.C.
That’s why some Christmas congressional calendar magic often compels lawmakers to find a last-minute solution.
“Every legislator up here would like to be home for Christmas,” said Sen. Roger Marshall, R-Kan. “That pressure is what forces us to come together.”
CONGRESS FACES HOLIDAY CRUNCH AS HEALTH CARE FIX COLLIDES WITH SHRINKING CALENDAR
We’ll know soon if everyone buckles down to harness soaring premiums after days of political posturing.
“This should have been done in July or August. So, we are up against a deadline,” said Hawley.
And procrastination by lawmakers may yet do them in.
“Healthcare is unbelievably complicated,” said Rep. Dusty Johnson, R-S.D. “You’re not going to reform it and bring down costs overnight.”
House Speaker Mike Johnson, R-La., is promising a separate healthcare bill. (J. Scott Applewhite/AP Photo)
House Speaker Mike Johnson, R-La., is now promising a separate, still unwritten healthcare bill for the floor in the coming days.
“You’re going to see a package come together that will be on the floor next week that will actually reduce premiums for 100% of Americans,” said Johnson.
But it’s unclear if Congress can pass anything.
“I think there’s a fear of working with Democrats. There’s a fear (of) taking action without the blessing of the President,” said Rep. Susie Lee, D-Nev.
GOP WRESTLES WITH OBAMACARE FIX AS TRUMP LOOMS OVER SUBSIDY FIGHT
That’s why it’s possible Congress could skip town for the holidays without solving the problem.
“It will be used like a sledgehammer on us a year from now,” said Rep. Don Bacon, R-Neb.
Not a great message for Republicans — especially on affordability — before the midterms.
“If there’s no vote, that’ll run contrary to what the majority of the House wants and what the vast majority of the American people want,” said Rep. Kevin Kiley, R-Calif.
Rep. Kevin Kiley said a no vote runs contrary to the will of the American people. (Scott Strazzante/Pool/Getty Images)
That political concern may be just enough to force the sides to find some Christmas magic and address the issue before the holidays.
That’s one Yuletide script in Congress.
But there’s a script to not fixing things, too.
If Congress leaves town, every communications director on Capitol Hill will author a press release accusing the other side of channeling Ebenezer Scrooge, declaring “Bah humbug!” or dumping a lump of coal in the stockings of voters on Christmas.
CLICK HERE TO DOWNLOAD THE FOX NEWS APP
That’s the script.
And every year, it sleighs me.
Politics
Commentary: The U.S. Senate is a mess. He wants to fix it, from the inside
To say the U.S. Senate has grown dysfunctional is like suggesting water is wet or the nighttime sky is dark.
The institution that fancies itself “the world’s greatest deliberative body” is supposed to serve as a cooling saucer that tempers the more hotheaded House, applying weight and wisdom as it addresses the Great Issues of Our Time. Instead, it’s devolved into an unsightly mess of gridlock and partisan hackery.
Part of that is owing to the filibuster, one of the Senate’s most distinctive features, which over roughly the last decade has been abused and misused to a point it’s become, in the words of congressional scholar Norman J. Ornstein, a singular “weapon of mass obstruction.”
Democrat Jeff Merkley, the junior U.S. senator from Oregon, has spent years on a mostly one-man crusade aimed at reforming the filibuster and restoring a bit of sunlight and self-discipline to the chamber.
In 2022, Merkley and his allies came within two votes of modifying the filibuster for voting rights legislation. He continues scouring for support for a broader overhaul.
“This is essential for people to see what their representatives are debating and then have the opportunity to weigh in,” said Merkley, speaking from the Capitol after a vote on the Senate floor.
“Without the public being able to see the obstruction,” he said, “they [can’t] really respond to it.”
What follows is a discussion of congressional process, but before your eyes glaze over, you should understand that process is what determines the way many things are accomplished — or not — in Washington, D.C.
The filibuster, which has changed over time, involves how long senators are allowed to speak on the Senate floor. Unlike the House, which has rules limiting debate, the Senate has no restrictions, unless a vote is taken to specifically end discussion and bring a matter to resolution. More on that in a moment.
In the broadest sense, the filibuster is a way to protect the interests of a minority of senators, as well as their constituents, by allowing a small but determined number of lawmakers — or even a lone member — to prevent a vote by commanding the floor and talking nonstop.
Perhaps the most famous, and certainly the most romanticized, version of a filibuster took place in the film “Mr. Smith Goes to Washington.” The fictitious Sen. Jefferson Smith, played by James Stewart, talks to the point of exhausted collapse as a way of garnering national notice and exposing political corruption.
The filibustering James Stewart received an Oscar nomination for lead actor for his portrayal of Sen. Jefferson Smith in the 1939 classic “Mr. Smith Goes to Washington.”
(From the Academy of Motion Picture Arts and Sciences)
In the Frank Capra classic, the good guy wins. (It’s Hollywood, after all.) In real life, the filibuster has often been used for less noble purpose, most notably the decades-long thwarting of civil rights legislation.
A filibuster used to be a rare thing, its power holstered for all but the most important issues. But in recent years that’s changed, drastically. The filibuster — or, rather, the threat of a filibuster — has become almost routine.
In part, that’s because of how easy it’s become to gum up the Senate.
Members no longer need to hold the floor and talk nonstop, testing not just the power of their argument but their physical mettle and bladder control. These days it’s enough for a lawmaker to simply state their intention to filibuster. Typically, legislation is then laid aside as the Senate moves on to other business.
That pain-free approach has changed the very nature of the filibuster, Ornstein said, and transformed how the Senate operates, much to its detriment.
The burden is “supposed to be on the minority to really put itself … on the line to generate a larger debate” — a la the fictive Jefferson Smith — “and hope during the course of it that they can turn opinions around,” said Ornstein, an emeritus scholar at the American Enterprise Institute. “What’s happened is the burden has shifted to the majority [to break a filibuster], which is a bastardization of what the filibuster is supposed to be about.”
It takes 60 votes to end a filibuster, by invoking cloture, to use Senate terminology. That means the passage of legislation now effectively requires a supermajority of the 100-member Senate. (There are workarounds, which, for instance, allowed President Trump’s massive tax-and-spending bill to pass on a 51-50 vote, with Vice President JD Vance casting the tie-breaker.)
The filibuster gives outsized power to the minority.
To offer but two examples, there is strong public support for universal background checks for gun buyers and greater transparency in campaign finance. Both issues have majority backing in the Senate. No matter. Legislation to achieve each has repeatedly been filibustered to death.
That’s where Merkley would step in.
He would not eliminate the filibuster, a prerogative jealously guarded by members of both parties. (In a rare show of independence, Republican senators rejected President Trump’s call to scrap the filibuster to end the recent government shutdown.)
Rather, Merkley would eliminate what’s come to be called “the silent filibuster” and force lawmakers to actually take the floor and publicly press their case until they prevail, give up or physically give out. “My reform is based on the premise that the minority should have a voice,” he said, “but not a veto.”
Forcing senators to stand and deliver would make it more difficult to filibuster, ending its promiscuous overuse, Merkley suggested, and — ideally— engaging the public in a way privately messaging fellow senators — I dissent! — does not.
“Because it’s so visible publicly,” Merkley said, “the American citizens get to weigh in, and there’s consequences. They may frame you as a hero for your obstruction, or a bum, and that has a reflection in the next election.”
The power to repair itself rests entirely within the Senate, where lawmakers set their own rules and can change them as they see fit. (Nice work, if you can get it.)
The filibuster has been tweaked before. In 1917, senators adopted the rule allowing cloture if a two-thirds majority voted to end debate. In 1975, the Senate reduced that number to three-fifths of the Senate, or 60 members.
More recently, Democrats changed the rules to prevent filibustering most presidential nominations. Republicans extended that to include Supreme Court nominees.
Reforming the filibuster is hardly a cure-all. The Senate has debased itself by ceding much of its authority and becoming little more than an arm of the Trump White House. Fixing that requires more than a procedural revamp.
But forcing lawmakers to stand their ground, argue their case and seek to rally voters instead of lifting a pinkie and grinding the Senate to a halt? That’s something worth talking about.
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