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The Hitchhiker’s Guide to confirming Trump Cabinet nominees — perhaps even during inaugural balls

Expect a traffic jam in the Senate soon as the race is on to confirm President-elect Trump’s cabinet nominees. In short, nothing can happen until President-elect Trump takes office on Jan. 20. Yes, there will be plenty of Trump loyalists attending various inaugural balls around town. But once the inauguration festivities conclude at the Capitol, the Senate will get down to business. A handful of committees are already angling to schedule “markups” to potentially discharge or send various nominations to the floor. The Senate Foreign Relations Committee has already teed up a meeting for 3:15 pm et on January 20 for the nomination of Sen. Marco Rubio (R-Fla.) to be Secretary of State. And if the custom holds, the Senate will confirm at least a few of Mr. Trump’s nominees just hours after he takes the oath of office. A USER’S MANUAL TO CERTIFYING THE PRESIDENTIAL ELECTION Let history be our guide: The Senate confirmed Trump’s Defense Secretary James Mattis and Homeland Security Secretary John Kelly on the evening of January 20, 2017. The next confirmation didn’t come until January 31, 2017. That was Elaine Chao, wife of former Senate Majority Leader Mitch McConnell (R-Ky.), to be Transportation Secretary. In 2021, the Senate confirmed one of President Biden’s nominees shortly after he was sworn-in. Director of National Intelligence Avril Haines was the first Biden nominee confirmed – on the night of January 20, 2021. The first, full cabinet-level vote did not come until January 22, when the Senate confirmed Defense Secretary Lloyd Austin. So, while everyone is trying to squeeze into their tux on Monday night, look for the Senate to potentially vote on a nominee or two on the evening of January 20th. Fox is told that the most likely candidates might include Rubio – since he is a known quantity in the Senate and has bipartisan support. Another possibility would be CIA Director nominee John Ratcliffe. The Senate previously confirmed Ratcliffe as the Director of National Intelligence during the first Trump Administration. He is also a known entity in the halls of Congress and served as a Republican congressman from Texas. His hearing is on for tomorrow. Frankly, the ambitious timetable of approving several of the nominees quickly could be challenging. THE SPEAKER’S LOBBY: THE HITCHHIKER’S GUIDE TO ELECTING A HOUSE SPEAKER The Senate Energy Committee had to postpone Tuesday’s confirmation hearing for Interior Secretary Doug Burgum from Tuesday until Thursday due to delays over paperwork. Veterans Affairs Secretary nominee Doug Collins is not controversial. He is a former GOP congressman from Georgia. But his confirmation hearing for Tuesday was pushed back until next week. Collins may have been one figure who could have been confirmed quickly. Attorney General nominee Pam Bondi is also one who could secure relatively speedy confirmation. Her hearing is Wednesday and Thursday. So maybe next week for her? Unclear. But let’s examine the track record of the Senate confirming President Biden’s nominees and place it against expectations for the new Trump Administration. After Lloyd Austin, the Senate confirmed Treasury Secretary Janet Yellen on January 25, 2021, and Secretary of State Antony Blinken on January 26. Most cabinet officials weren’t confirmed until February or March. The Senate did not confirm Interior Secretary Deb Haaland until March 15, 2021, Health and Human Services Secretary Xavier Becerra until March 18, 2021, and Labor Secretary Marty Walsh until March 22, 2021. You get the idea. Every nominee must go through a hearing. Committees have different rules about how they discharge a nomination to the floor. So that could consume some time as well. Some nominees could be bottled up in committee, depending on opposition or attendance problems. Then there may be debate on the floor. THE POLITICAL FIRESTORM THAT’S ABOUT TO SINGE CAPITOL HILL If Democrats filibuster a nominee, Senate Majority Leader John Thune (R-S.D.) may need to tee up a procedural gambit to break filibusters. The process of just initiating a procedural vote to break a filibuster consumes parts of three days alone. If a nominee’s opponents still don’t relent, it’s possible that senators could drag out debate on a nominee for day or two – even though the Senate has broken a filibuster. In February 2017, Mike Pence became the first Vice President to break a tie to confirm a cabinet official. He did so to confirm former Education Secretary Betsy DeVos. In other words, floor time is at a premium. There are various parliamentary “meridians” for when the Senate can take certain procedural votes to advance a nominee. That’s why the Senate took a procedural vote at 7 am on the DeVos nomination in February 2017. The Senate also confirmed then Health and Human Services Secretary Tom Price around 2 am one morning. And we haven’t even gotten to other nominations which are important to the Administration – such as Pete Hoekstra to be Ambassador to Canada or Mike Huckabee to serve as Ambassador to Israel. There are more than 800 positions which require Senate confirmation. To accelerate things, the Senate could confirm some swaths of non-controversial nominees “en bloc.” That means the Senate clears the nominees on both sides to make sure there are no objections. If there are none, the Senate compiles a list and confirms a group of nominees together in one fell swoop. But this is a long and tedious process. Confirming various positions in the Trump administration is going to take months. It consumes hours of floor time. That’s the most precious commodity in the Senate. Keep in mind that the push to confirm Trump nominees comes as the Senate is trying to work out a time agreement and amendments to pass the Laken Riley Act and a bill to sanction the International Criminal Court over its arrest warrant for Israeli Prime Minister Benjamin Netanyahu. This is a monster process. And it will likely consume some early mornings, very late nights and even some weekend sessions before this is settled.

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Fox News Politics: Hegseth on Defense

Welcome to the Fox News Politics newsletter, with the latest updates on the Trump transition, exclusive interviews and more Fox News politics content. Here’s what’s happening… -GOP senator flips script on Dems for ‘hypocritical’ grilling of Hegseth: ‘So ridiculous’ –Massie removed from powerful House committee after vote against Johnson -Speaker Johnson announces flags to fly full-staff at US Capitol during presidential inauguration President-elect Donald Trump’s pick to lead the Department of Defense, Pete Hegseth, faced a Senate grilling on Tuesday as lawmakers determine whether they will vote in support of the nominee. Hegseth faced intense questioning from Democrats in his Armed Services Committee hearing, including his previous comments related to women serving in military combat roles, and was also interrupted by protesters who disturbed the hearing at some points. Trump nominated Hegseth in November, just days after his decisive election win over Vice President Harris, lauding him “as a Warrior for the Troops, and for the Country.”…Read more ‘LEAD THE WORLD’: Biden issues second AI action during final week in office with executive order fast-tracking US infrastructure…Read more ANCHORS AWAY: Biden announces names of future aircraft carriers: USS William J Clinton, George W Bush…Read more FEMA FUNDS: Biden announces $770 checks for residents impacted by California wildfires…Read more ‘CASHING IN’: ‘Incomplete’ Hunter Biden report, protection of ‘Biden Crime Family’ shredded by Comer, IRS whistleblowers…Read more COZY AT THE WHITE HOUSE: Elon Musk poised to take White House office space: report…Read more LOUD NOISES: Hegseth interrupted by multiple protesters during Senate confirmation hearing…Read more ABSENT AGAIN: Michelle Obama to skip Trump inauguration, 11 days after missing Carter funeral…Read more ‘I WANT TO KNOW…’: GOP Hegseth holdout presses defense secretary nominee on her top 3 issues in military…Read more ‘CLOWN SHOW’: Dem senator’s ‘lies and stupidity’ at Hegseth hearing roasted on social media…Read more SPORTS: Two House Dems vote with GOP to ban biological males from girls’ school sports…Read more WHO-DUNIT: Global health agency on chopping block as Republicans threaten to cut off funds…Read more DOGE HOUSE: House DOGE Caucus eyes federal employees, government regulations in new goal-setting memo…Read more ‘SPREAD SO THIN’: LA councilwoman whose district ravaged by wildfires looks to hold leaders accountable for empty reservoirs…Read more BORDER CRISIS COSTS: Oklahoma education superintendent suing for reimbursement of costs of education for illegal aliens…Read more JUMPING IN: Top lawmaker first Republican to launch gubernatorial campaign in race to succeed Michigan’s Whitmer…Read more Get the latest updates on the Trump presidential transition, incoming Congress, exclusive interviews and more on FoxNews.com

Fox News Politics: Hegseth on Defense

GOP Sen. Joni Ernst officially backs Pete Hegseth for DOD after initial uncertainty

FIRST ON FOX: Sen. Joni Ernst, R-Iowa, officially endorsed Pete Hegseth for Secretary of Defense on Tuesday night, despite expressing some initial uncertainty following their first meeting. “After four years of weakness in the White House, Americans deserve a strong Secretary of Defense,” Ernst told Fox News Digital in an exclusive statement. ‘WASTE LESS, SAVE MORE’: DOGE CAUCUS MEMBER ROLLS OUT EXPANSIVE BILL PACKAGE AHEAD OF TRUMP INAUGURATION “Our next commander in chief selected Pete Hegseth to serve in this role, and after our conversations, hearing from Iowans, and doing my job as a United States Senator, I will support President Trump’s pick for Secretary of Defense. As I serve on the Armed Services Committee, I will work with Pete to create the most lethal fighting force and hold him to his commitments of auditing the Pentagon, ensuring opportunity for women in combat while maintaining high standards, and selecting a senior official to address and prevent sexual assault in the ranks.” President-elect Trump’s pick to lead the Department of Defense (DOD) went before the Senate Armed Services Committee on Tuesday morning, where he faced questions from both Democratic and Republican members. SCHUMER GATHERS KEY COMMITTEE DEMS TO TALK LOOMING HEGSETH CONFIRMATION HEARING During the hearing, Ernst pressed Trump’s DOD choice on women in combat, sexual assault in the military and auditing the department. Ernst, a survivor of sexual assault herself, said, “A priority of mine has been combating sexual assault in the military and making sure that all of our service members are treated with dignity and respect. This has been so important. Senator Gillibrand and I have worked on this, and we were able to get changes made to the uniform code of military justice to make sure that we have improvements, and on how we address the tragic and life altering, issues of rape, sexual assault. It will demand time and attention from the Pentagon under your watch, if you are confirmed.” MEET LEADER JOHN THUNE’S ALL-STAR CABINET AS REPUBLICANS TAKE OVER SENATE MAJORITY “So, as secretary of Defense, will you appoint a senior level official dedicated to sexual assault prevention and response?” she asked Hegseth. Trump’s selection told the senator that he would agree to do so. She had previously expressed uncertainty about her support for Hegseth, agreeing with Fox News anchor Bill Hemmer when he suggested she wasn’t quite ready to say yes to his nomination. “I think you are right,” she said on “America’s Newsroom.” Ernst’s support is a welcome development for Hegseth because, in order to be confirmed, its expected he will need nearly every Republican to support him, with room to lose only two of their votes. This is assuming that no Democratic senators choose to back him, in which case, he would have more flexibility with Republicans. Hegseth took numerous pointed questions from Democrats, along with several criticisms. The senators prodded him over allegations regarding alcohol consumption, sexual assault and financial mismanagement. He has denied each of the allegations. However, Democratic senators emerged from the hearing unconvinced by Hegseth.

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‘Clear vision’: Conservatives rally around Hegseth after ‘crushing’ fiery confirmation hearing

Reactions poured in on social media and elsewhere as Secretary of Defense nominee Pete Hegseth was grilled by Democrats on Capitol Hill following a tense confirmation hearing that often got personal. “Pete Hegseth is crushing it,” Former White House Press Secretary Ari Fleischer posted on X. “It is refreshing to hear someone relentlessly focus on warriors and lethality, without playing Washington’s word-salad game of forcing nominees to talk like social workers who run government agencies.” “The Senate likes to claim that hearings as serious, deliberative acts of policy making and statesmanship, but many Senate Armed Service Committee Democrats’ behavior during Pete Hegseth’s confirmation hearing on Tuesday revealed the sad truth that most Senate hearings, confirmation or not, are kabuki theater,” Bradley Devlin, The Daily Signal politics editor, told Fox News Digital. Ned Ryun, President of ‘American Majority’, told Fox News Digital that Hegseth handled himself “magnificently.” DEM SENATOR’S ‘LIES AND STUPIDITY’ AT HEGSETH HEARING ROASTED ON SOCIAL MEDIA: ‘CLOWN SHOW’ “He communicated a clear vision for a new day at the Pentagon where the Department of Defense leaves behind the weakness of woke and focuses on deterrence through strength,” Ryun said. “And when Democrats attempted to use the anonymously sourced attacks to undermine Pete, he handled those with grace. It really was a fantastic hearing for him and leaves little doubt in my mind that he’ll easily be confirmed.” “They didn’t lay a glove on Hegseth today,” CNN political commentator Scott Jennings posted on X. “Why do Dems send their dumbest members to this important committee?” THE TOP 5 MOMENTS FROM PETE HEGSETH’S SENATE CONFIRMATION HEARING “This hearing has made two things abundantly clear: 1. The left remains fully committed to the disastrous, woke, weak, and failed policies that were soundly rejected in November,” the account belonging to former HUD Secretary Ben Carson and his wife Candy posted on X. “It’s actually sad. 2. Pete Hegseth is going to be a fantastic Secretary of Defense. This is how it’s done.” “While Democratic senators distracted with hearsay allegations and character assassinations, Pete Hegseth stayed the course on what the military is about: lethality,” Caroline Downey, National Review Staff Writer and visiting fellow with Independent Women’s Forum, told Fox News Digital. “As the daughter of a West Point graduate and Army Captain who served in Vietnam, I can say that those prime objectives have fallen subservient to progressive political goals,” she continued. “The military academies have surrendered to woke ideology, jeopardizing their purpose which is to form upstanding leaders of intellectual, mental, and physical fortitude that can protect and defend the United States. Despite Democratic lawmakers accusing him of forsaking veterans, Hegseth proved that he has always been dedicated to their welfare not just in words but in deeds.” Sen. Jim Banks, R-Ind., said after the hearing that it is important that Hegseth is confirmed “immediately” and allowed to start as soon as possible. “To me, it’s important he gets on the job immediately,” Banks told reporters. “We can’t vote on confirming him out of the committee until President Trump is President Trump again. So January 20th, the committee will meet and we’ll pass him out of the committee… and hopefully he immediately goes to a vote on the floor because we can’t wait,” he continued. Following the hearing, several Senate Democrats expressed a continued unwillingness to support Hegseth and claimed he wasn’t qualified. Fox News Digital’s Morgan Phillips contributed to this report

DOJ racing the clock to enshrine ‘woke’ policing rules, lawyer says, as judge hears Breonna Taylor reform case

FIRST ON FOX: A Kentucky judge declined to immediately sign a police reform consent decree forged by the Justice Department and city of Louisville during a hearing one courtroom participant described as a hasty attempt by the Biden administration to hamstring President-elect Donald Trump. The Monday hearing was one of at least three instances of ongoing litigation in which the Biden administration is seeking to enshrine progressive policing policies in their 11th hour in a difficult-to-reverse manner. Federal Judge Benjamin Beaton refused to be a “rubber stamp” for a 240-page reform plan spurred by the 2020 police-involved shooting of Breonna Taylor, Oversight Project counsel Kyle Brosnan said in a Tuesday interview. Taylor had been killed in a hail of police gunfire after Louisville officers sought to serve a drug warrant at her boyfriend Kenneth Walker’s house, when her beau fired a “warning shot” through the door and struck Officer Jonathan Mattingly in the leg. WATCHDOG SEEKS HALT TO 11TH HOUR BIDEN DOJ EFFORT TO ‘HANDCUFF’ KY POLICE OVER BREONNA TAYLOR INCIDENT Brosnan noted a consent decree is different from other legal agreements — in that they cannot simply be reversed by presidential order or a change of heart by one of the parties involved. Brosnan characterized the Kentucky decree’s reforms as “woke,” while his colleague, Oversight Project executive director Mike Howell, previously called them a “laundry list of BLM-type standards” the left has long called for. The Law Enforcement Legal Defense Fund joined the amicus brief filed, as Brosnan noted LELDF’s leader Jason Johnson has “first-hand experience” with consent decrees following the Freddie Gray riots and ensuing investigation. The consent decree alleged a pattern or practice of racial bias in Louisville policing, including in traffic stops, sexual assault probes or use-of-force. “And the judge went through each of those topics and said, ‘OK, what is your basis for this?’,” Brosnan recounted. In court, DOJ attorney Paul Killebrew was asked for data on lethal force incidents to better understand patterns alleged in the consent decree. Killebrew reportedly replied that the DOJ could not provide such information in order to “maintain leverage” in any future litigation. That dynamic was a theme during the marathon hearing, according to Brosnan. However, it was not the only opportunity for the DOJ and city to convince Beaton to sign their decree, as the judge gave until Friday for additional documents to be filed, but time is of the essence. While Inauguration Day is not necessarily a deadline for the Biden DOJ to get the decree approved, it won’t be long after that they will likely run out of time, Brosnan said. He compared the dynamic to how Trump — early in his first term — fired Obama-holdover acting DOJ chief Sally Yates for refusing to enforce his “Muslim ban.” PROPOSED CHICAGO POLICE RESOURCE CUTS COULD LAND CITY IN COURT UNDER CONSENT DECREE, OFFICIALS WARN Outgoing administration officials at various levels will remain in “acting” roles until the Senate confirms incoming nominees. Therefore, the Biden DOJ effectively has until Pamela Bondi as attorney general or Harmeet Dhillon as head of the DOJ Civil Rights Division are in office to get their decree across the finish line, the attorney said. Brosnan said there are at least two other police reform consent decrees matriculating through the legal process: in Maryland and Minnesota. On Jan. 6, the DOJ reached an agreement with Minneapolis — that still requires court approval — to reform the department’s “unconstitutional and unlawful practices” allegedly counter to the Americans With Disabilities Act and 14th Amendment. In October 2024, the feds sued the Maryland Department of State Police alleging Civil Rights Act violations. CLICK HERE TO GET THE FOX NEWS APP “The United States claims MDSP violated Title VII when it used a certain physical fitness test and a certain written test to hire entry-level Troopers because the tests disqualified more female and African-American applicants than others and were not job related,” a court document reads. Maryland police dispute the allegations. Monday’s petitioners noted how the last Trump administration began with then-Attorney General Jeff Sessions reexamining Obama-era consent decrees. “You are well within your power as judge to sort of pump the brakes and wait and see what the new administration has to say here,” Brosnan characterized their testimony to Beaton. “Trump has a right to sort of not be handcuffed by the Biden administration — he won by-and-large because of the crime problems of urban America.” Fox News Digital reached out to the DOJ for comment.

GOP tax leaders: US small businesses could pay more tax than small businesses do in China if Trump cuts expire

Republicans on the House Ways & Means Committee, the House’s chief tax writing committee, pointed out during a Tuesday hearing that if Congress lets President-elect Trump’s tax cuts from his first term expire, millions of small businesses in the United States will see a top tax rate that is higher than what small businesses in communist China pay. Tuesday’s hearing launched debate in the new Congress over how to handle Trump’s expiring tax credits, key provisions of which are slated to expire later this year. Among those key provisions is a new 20% tax deduction ushered in by Trump in 2017, known as Section 199-A, which provides tax relief for qualified trade or business expenses incurred by taxpayers that are not corporations. But, if Trump’s Section 199-A deduction expires later this year, small business owners could see their top tax rate more than double to 43.4%, which is roughly 20 points higher than what businesses in communist China face, Ways & Means Chairman Rep. Jason Smith, R-Mo., laid out in a report earlier this month and reiterated during Tuesday’s hearing. “If Congress fails to act … 26 million small businesses will be hit with a 43.4 percent top tax rate, more than 20 points higher than what businesses pay in Communist China,” Smith said Tuesday. TRUMP DETAILS STRATEGY TO GET NECESSARY VOTES WITH ONE-BILL APPROACH TO BORDER, TAXES Smith’s concerns were also echoed by other Republicans on the committee during Tuesday’s hearing. “I guess my colleagues want to go back to when we had higher tax rates than communist China,” said Rep. Jodey Arrington, R-Texas. “What’s pro-American about that? How are we going to unleash economic growth, job creation, and prosperity with that kind of tax rate? We reduced it to 21% and we’re not even in the top quarter of the most competitive tax rates. So, I guess my colleagues want to go back to the highest business tax rate in the free world. It makes no sense.” “The 21% rate in the United States of America – when you add the average state rate across the United States – is at 25%,” added Rep. Kevin Hern, R-Okla. “Our greatest adversary in the world economically – no one is even close – is China at 25%.” Allison Couch, the founder of Ignite Accounting and one of the witnesses present at Tuesday’s hearing, referred to 199-A as “the single most beneficial deduction for small business owners.” “Allowing this deduction to lapse when it has been in place for so many years will not feel like a sunset, but a tax increase,” said Couch, who also submitted a report into the congressional record during Tuesday’s hearing from global accounting firm Ernst & Young, which indicated 25.9 million small businesses in the United States utilize the 199-A deduction. TRUMP TASKS BLUE STATE REPUBLICANS WITH ‘HOMEWORK’ AS GOP PLOTS MASSIVE CONSERVATIVE POLICY OVERHAUL Other provisions that Republicans and the pro-TCJA witnesses at the hearing called on to become permanent included Trump’s beefed up child tax credit, which doubled parents’ eligible deduction, his death tax reforms, which doubled the amount heirs could pass on before being taxed, and lower marginal tax rates for individuals, a move that one witness said Tuesday has helped workers earn more take-home pay. However, Democrats at the hearing argued that an extension of Trump’s tax cuts will benefit the ultra wealthy more than anyone else. They also argued that Republicans are ignoring the deficit impact, and not providing adequate solutions for how to pay for the extended cuts, noting that increased deficits could result in increased interest rates, a grater cost burden for middle-class people and less economic growth. “There’s no free lunch here,” said Brendan Duke, senior director of economic policy at the left-leaning Center for American Progress. “The tax cuts will likely be paid for eventually in the form of spending cuts or tax increases down the line. In the meantime, continued, or even higher deficits could mean continued or even higher interest rates. That makes housing, student loans and credit card debt less affordable for working people.” PLANNED PARENTHOOD CHAPTER PROVIDED HARRIS CAMPAIGN WORKSPACE, BREAKING TAX LAW: IRS COMPLAINT “Republican reliance on tariff taxes to off-set their tax breaks for the super wealthy will continue to shift the tax burden to some of the very type of businesses that [Republicans want to protect]” warned Democratic Texas Rep. Lloyd Doggett. “The biggest loser of their plan overall will be our debt, but the impact that that has on the solvency of Social Security, and Medicare and other investments, is also very critical. So, as we move forward we need to consider all of these impacts and look for a tax code that is mor fair for working Americans and less of a gift to those at the top.” In response to the battle in Congress over the expiring tax cuts, a fiscally conservative political advocacy group, Americans for Prosperity, launched a $20 million campaign to urge lawmakers on Capitol Hill “to protect prosperity” by renewing Trump’s tax cuts. The campaign will include ads in all 50 states as the group says Congress is “facing a countdown to crisis that threatens the family budgets of virtually every American.” Notably, Americans for Prosperity, endorsed Trump’s presidential contender Nikki Haley prior to Trump becoming the GOP’s nominee.

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