The Independent View: Democrats Could Block Mattis Nomination

Gen. James Mattis will need a supermajority to win confirmation from the Senate.

Sen. Kirsten Gillibrand (D-N.Y.) will require a vote at a 60-vote threshold to allow Mattis to become the Defense Secretary, an aide said. That makes the retired four-Star General the only Cabinet nomination of Donald Trump’s that Democrats can unilaterally block thus far.

Incoming Senate Democratic Leader Chuck Schumer of New York has not weighed in on Mattis’ waiver, and most influential Democrats on Friday had not taken a stand on the issue.

Senate rules were changed in 2013 to allow confirmation of Executive nominees by a simple majority rather than a supermajority, but Mattis is a special case.

Mattis needs Congress to pass Legislation granting him a waiver to serve in the Cabinet after leaving the military four years ago. Under current law, military personnel must have been out of service for seven years before joining Senior Defense positions.

Gillibrand said on Thursday night she will oppose a waiver for Mattis.

Sen. Chris Coons (D-Del.) issued a statement praising Mattis but also acknowledging the concerns about a waiver. “I look forward to digging deeper into the implications that granting General Mattis a waiver would have on our country’s history of civilian control of the military, as well as his record and experience,” said Coons, a member of the Senate Foreign Relations Committee. ”Based on what I know of General Mattis, his record and experience offer a strong balance to the President-elect’s lack of familiarity with foreign affairs.”

In the House, Armed Services ranking Democrat Adam Smith said the nomination raises "serious questions" and vowed “to perform a full review, including hearings by the Armed Services Committee, if it were to consider overriding the statutory prohibition on recent military officers serving as the Secretary of Defense.”

“General Mattis has served the United States tirelessly, with admirable distinction,” the Washington State Congressman added in a statement. “However, the unusual circumstances of his nomination raise serious questions about fundamental principles of our Constitutional order. Civilian control of the military is not something to be casually cast aside.”

Several Democratic-leaning outside groups also expressed concern. Jon Soltz, who runs the group VoteVets that has spent millions of dollars trying to get mostly Democratic veterans elected to Congress, said “it is somewhat concerning that Donald Trump continues to eye recently retired generals for some of the most important traditionally civilian positions in government.”

Another Political Action Committee that supports Congressional Democrats, 4DPAC, said that "granting General Mattis a congressional waiver would erode the institution of civilian control of the military.”

In theory, Democrats could allow Mattis a pass on the waiver, either allowing its approval by unanimous consent or by allowing its passage by a simple majority. But any one Senator can demand a 60-vote threshold for passing Legislation, and that would mean he will need at least eight, or possible nine, Democratic votes to advance toward confirmation. Republicans are expected to control between 51 and 52 seats next year.

Democrat Foster Campbell and Republican John Kennedy are set to square off on Dec. 10th, an Automatic Runoff triggered when no candidate earned more than 50% of the vote in the Primary Election.

A vote at the 60-vote threshold does not mean Mattis' confirmation is doomed since Democrats have for eight years said the Senate should largely show deference to the Executive branch. But Mattis' selection does give Democrats leverage over the nomination process that they would not have had with a nominee that did not require a waiver.