Like many Democrats on Capitol Hill, Washington state Rep. Adam Smith is trying to decide whether to back retired Marine Gen. James “Mad Dog” Mattis as the next U.S. secretary of defense.
Here’s the dilemma:
Mattis, 66, who grew up in Pullman, Washington, and left the Marine Corps in 2013, is regarded by many Democrats as one of the most popular Cabinet picks made by President-elect Donald Trump.
But confirming Mattis would force Congress to waive a 1947 law that prohibits anyone who was on active duty in the previous seven years from getting the job.
Congress has granted a waiver for a defense secretary only once, in 1950, when President Harry Truman chose Gen. George Marshall for the job
“He’s from Washington state and we have a connection,” said Smith, the top Democrat on the House Armed Services Committee. “I think he is one of the most intelligent, capable people that Trump has picked to this point for his Cabinet – not that I’m saying a lot – but it is a question that needs to be examined.”
The issue of whether to allow a non-civilian to take charge of the U.S. military promises to be one of the first big votes facing the new Congress.
While Cabinet nominees generally require only Senate approval, the House of Representatives will get a chance to weigh in on the Mattis appointment due to his need to get a waiver from the law.
Congress has granted a waiver for a defense secretary only once, in 1950, when President Harry Truman chose Army Gen. George Marshall for the job.
Lord knows who Trump would pick if Mattis is denied.
Washington state Democratic Rep. Adam Smith
And while Republicans will maintain control of the Senate next year, the Mattis nomination could give Senate Democrats their best shot at thwarting a Trump Cabinet nominee.
Under Senate rules, most nominees will need only 51 votes, a simple majority. But Republicans would have to come up with 60 votes to get Mattis the job if Democrats use a filibuster to try to deny the waiver.
Senators are debating how to proceed.
Last week, Arizona Republican Sen. John McCain, who heads the Senate Armed Services Committee, praised Trump’s pick and said he would back a waiver for Mattis.