In opening remarks for Lighthizer’s confirmation hearing, he called the nominee “indisputably qualified” to serve as USTR.
Lighthizer, who once served as a deputy trade representative under President Ronald Reagan and Finance Committee staff director, has had a long career at the influential law firm Skadden, Arps, Slate, Meagher & Flynn LLP, where he defended U.S. steel companies that pursued punitive tariffs against Asian competitors for allegedly dumping steel in the U.S. market or receiving government subsidies in violation of international trade law.
He has a reputation of for taking a tough stance against China, which closely aligns with President Trump’s message of standing up to trade violations and overall protection for domestic manufacturers. If confirmed, he would be in charge of implementing the administration’s trade policy in terms of negotiating trade deals with other countries, filing suits with the World Trade Organization and articulating the President’s position on trade matters.
Democrats have slowed down review of Lighthizer’s nomination on the grounds that a 1995 law prohibits anyone who represented, or advised, a foreign government in a trade dispute, or trade negotiation, involving the United States from being the trade representative or deputy trade representative. Lighthizer represented the government of Brazil in a trade dispute between the Brazilian and U.S. ethanol industries, which was not initiated by the government.
Republicans plan to vote on a waiver for Lighthizer, much like legislation the Senate passed in January that allowed former general James Mattis to serve as defense secretary after only three years out of uniform when the law calls for a seven-year hiatus from the military.
Hatch said Democrat objections are without merit because Lighthizer’s work pre-dated the law by several years, an opinion shared by the Justice Department’s Office of Legal Counsel.If confirmed, he would be in charge of implementing the administration’s trade policy in terms of negotiating trade deals with other countries, filing suits with the World Trade Organization and articulating the President’s position on trade matters.
The Utah Republican noted that the Republican-controlled Senate agreed to a waiver in 1997 to let Charlene Barshefsy serve as then-President Clinton’s deputy U.S. Trade Representative and in 2007, when Democrats were in control, they advanced a waiver for then-President Bush’s nomination of Deanna Okun for the same position even though the general counsel at USTR didn’t believe the statute covered her prior work.
No conditions were placed on the waivers in both cases, but Hatch complained that committee Democrats are now demanding movement on an unrelated piece of legislation as “ransom” in order to go along with a waiver.
Ranking Member Ron Wyden said Democrats are willing to grant a statutory exception for Lighthizer if Republicans agree on legislation to protect mineworkers who are in danger of losing their healthcare and retirement benefits in a few weeks because the United Mineworkers of America’s pension plan faces insolvency.
Under parliamentary rules in the Senate, one or more senators can place a hold on a nomination to prevent it from reaching a vote on the Senate floor. A Capitol Hill source familiar with the inner workings of the Finance Committee said it remains uncertain when the impasse over a Lighthizer waiver will be resolved.
“Mr. Lighthizer has an understanding about the impact of unfair trade on America’s manufacturers and workers that could be a valuable asset for our country,” Wyden said. “The country needs a USTR that will stand up for our rights on behalf of American workers and businesses at the WTO, and that will partner with Customs and Border Protection, the Department of Commerce, and the full range of agencies responsible for trade enforcement to crack down on trade cheats hurting workers and businesses here at home.”
The U.S. Chamber of Commerce on Wednesday wrote the Finance Committee urging a swift vote on Lighthizer’s nomination and praising him for his trade expertise and ability to defend American interests in the international arena.
“International trade is essential to America’s prosperity, and it is imperative that we do more to open foreign markets to American-made manufactured goods, agricultural products, and services. Properly negotiated trade agreements play an essential role in this regard. However, these agreements are not worth the paper they are written on if they aren’t enforced,” the Chamber said.
