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Top moments from Linda McMahon’s confirmation hearing

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Linda McMahon’s Senate confirmation hearing on Thursday was marked by disruptive protesters, debate over diversity, equity and inclusion (DEI) programs, discussion on the participation of biological men in women’s sports and scrutiny over spending cuts proposed by the Department of Government Efficiency (DOGE) led by tech billionaire Elon Musk.

Several protesters disrupted and were removed from the Senate Health, Education, Labor, and Pensions (HELP) Committee hearing, with one individual shouting, “Protect trans kids, protect immigrant students, protect our schools!”

Addressing the disruptions, Sen. Jim Banks, R-Ind., complained about the “outburst of some of the protesters in the room,” prompting a blue state Democrat to speak out in their defense.

TRUMP EDUCATION NOMINEE LINDA MCMAHON SAYS SHUTTING DOWN DOE WOULD ‘REQUIRE CONGRESSIONAL ACTION’

Linda McMahon’s confirmation hearing was interrupted a few times by protesters. (Getty Images)

“A number of them have told us that they’re … teachers. Can you imagine them teaching these people, teaching our kids in classrooms across America, and they come here and act like children with outbursts?” Banks said.

Newly elected Sen. Angela Alsobrooks, D-Md., hit back at the Republican senator, saying that the protesters are “exactly the kind of people who we want teaching our children.”

In January, Trump declared that legal protections under Title IX, the 1972 federal law prohibiting sex-based discrimination for recipients of federal education funding, would be based on the basis of biological sex, not gender identity, in K-12 schools and higher-learning institutions.

“[W]omen should feel safe in their locker rooms. They should feel safe in their spaces. They shouldn’t have to be exposed to men undressing in front of them.” — Linda McMahon

Regarding Trump’s reversal of the Biden administration’s regulations, McMahon said she is “happy” to see the law “back to what Title IX was originally established to do, and that was to protect social discrimination.”

DEMS SPAR OVER DOGE CUTS WITH TRUMP EDUCATION NOMINEE LINDA MCMAHON

Linda McMahon, nominee for secretary of education, testifies at her Senate committee confirmation hearing on Feb. 13, 2025. (Win McNamee/Getty Images)

“And women should feel safe in their locker rooms. They should feel safe in their spaces. They shouldn’t have to be exposed to men undressing in front of them,” she said.

The Trump nominee also said that if confirmed, she will “make sure the law is enforced” on campuses that try to defy the law.

McMahon faced further questioning on the impact of DEI programs during her Senate confirmation hearing. She criticized the programs, claiming that though they were intended to promote diversity, they have instead contributed to further dividing America’s kids rather than being inclusive.

“DEI has been – I think has been, it’s a program that’s tough,” McMahon said. “It was put in place ostensibly for more diversity, for equity and inclusion. And I think what we’re seeing is it is having an opposite effect. We are getting back to more segregating of our schools instead of having more inclusion in our schools.”

INTO THE RING: TRUMP EDUCATION CHIEF PICK MCMAHON TO TESTIFY ON CUTTING ‘RED TAPE’ AMID DOGE SWEEPS

Trump hopes Linda McMahon will “put herself out of a job” if confirmed to lead the Department of Education, an agency he’s proposed abolishing. (Getty Images)

She pointed to instances where DEI programs led to separate graduation ceremonies for Black and Hispanic students, arguing that such measures went against the goal of inclusion: “When their DEI programs say that Black students need separate graduation ceremonies or Hispanics need separate ceremonies, we are not achieving what we wanted to achieve with inclusion,” she added.

Sen. Chris Murphy, D-Conn., countered with an example of Department of Defense schools that had canceled programming for Black History Month.

He asked, “So if a school in Connecticut celebrates Martin Luther King Day and has a series of events and programming teaching about Black history, are they in violation of a policy that says schools should stop running DEI programs?”

McMahon disagreed, saying that events like Black History Month celebrations should be celebrated across all schools.

“In my view, that is clearly not the case,” she said. “That celebration of Martin Luther King Day in Black History Month should be celebrated throughout all of our schools. I believe that, you know, Martin Luther King was one of the strongest proponents of making sure that we look at all of our populations when he said that he would hope that his children wouldn’t be judged by the color of their skin, but the content of their character.”

Musk’s government spending cuts also sparked debate, with Democratic lawmakers pressing McMahon on whether she supports the dramatic cuts made by DOGE.

“I believe the American people spoke loudly in the election last November to say that they want to look at waste, fraud and abuse in our government,” said McMahon, the former CEO of World Wrestling Entertainment.

FORMER TRUMP EDUCATION SECRETARY LAYS OUT ‘UNFINISHED BUSINESS’ FOR NEW ADMIN ON SCHOOL REFORMS

Elon Musk listens as President Donald Trump speaks with reporters in the Oval Office on Feb. 11, 2025. (AP/Alex Brandon)

Pressed by Democrats, including Sen. Tim Kaine of Virginia, if she would follow through with cuts suggested by the “DOGE brothers,” McMahon said she can be counted on to follow congressional statute “because that’s the law.”

Sen. Patty Murray, D-Wash., also asked if McMahon believes DOGE should have access to “private student data,” suggesting that their probes “should frighten everyone.”

“It is my understanding that those employees have been onboarded as employees of the Department of Education, and therefore, they operate under the restraints of utilizing access of information,” McMahon said.

“That’s not my understanding,” Murray shot back.

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“That’s my understanding,” McMahon responded.

Murray said it was “deeply disturbing” that DOGE staffers aren’t “held accountable” and that it should “frighten everyone” if they have access to students’ private information.

McMahon’s confirmation vote in the Senate HELP Committee is scheduled for Feb. 20.

February 14, 2025
Linda McMahon speaks out on protecting women and girls from trans athletes during confirmation hearing

Linda McMahon made her stance clear on trans inclusion in women’s and girls’ sports during her confirmation hearing for education secretary on Thursday.

“I do not believe that biological boys should be able to compete against girls in sports, and I think now that certainly not only have the people spoken, because that was something that Trump ran very heavily on, but I believe the court has spoken,” McMahon said.

CLICK HERE FOR MORE SPORTS COVERAGE ON FOXNEWS.COM

Linda McMahon speaks at the Republican National Convention in Milwaukee, Wisconsin, July 18, 2024. (Reuters/Mike Segar)

A national exit poll conducted by the Concerned Women for America (CWA) legislative action committee found that 70% of moderate voters saw the issue of “Donald Trump’s opposition to transgender boys and men playing girls and women’s sports and of transgender boys and men using girls and women’s bathrooms,” as important to them. And 6% said it was the most important issue of all, while 44% said it was “very important.”

Trump vowed during his 2024 campaign to ban trans athletes from women’s and girls’ sports. Trump made good on that promise early when he signed the No Men in Women’s Sports executive order on Feb. 5.

Prior to that, the Supreme Court ruled in August to deny a Biden administration emergency request to enforce portions of the former president’s Title IX rewrites that would allow biological males in women’s and girls’ changing rooms.

HOW TRANSGENDERISM IN SPORTS SHIFTED THE 2024 ELECTION AND IGNITED A NATIONAL COUNTERCULTURE

And as McMahon looks to get confirmed as education secretary, she insists on carrying out the original mission of Title IX, and keeping women’s sports for biological females.

“We are really back to what Title IX was originally established to do and that was to protect social discrimination. Women should feel safe in their locker rooms. They should feel safe in their spaces. They shouldn’t have to be exposed to men undressing in front of them,” McMahon said Thursday.

“I heard one person the other day say, ‘Well, guys should just hold the shower curtain in front of them so that they aren’t exposing themselves.’ I mean really, that’s just not what we should be doing. We should be making sure that Title IX, which is the law, should be enforced.”

The Biden administration education secretary, Miguel Angel Cardona, supported allowing trans athletes to compete in women’s and girls’ sports.

Cardona helped draft the Title IX changes that would have prohibited blanket bans of transgender athletes on public school teams.

In a June 2021 interview with ESPN, Cardona said “transgender girls have a right to compete.”

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Linda McMahon testifies during her Senate Health, Education, Labor and Pensions Committee confirmation hearing on Feb. 13, 2025, in Washington, D.C. (Win McNamee/Getty Images)

“Our LGBTQ students have endured more harassment than most other groups. It’s critically important that we stand with them and give them opportunities to engage in what every other child can engage in without harassment,” Cardona said.

“It’s their right as a student to participate in these activities. And we know sports does more than just put ribbons on the first-, second- and third-place winner,” he said. “We know that it provides opportunities for students to become a part of a team, to learn a lot about themselves, to set goals and reach them and to challenge themselves. Athletics provides that in our K-12 systems and in our colleges, and all students deserve an opportunity to engage in that.”

Now, under the Trump administration, there will be multiple layers of efforts to prevent trans athletes from competing in women’s and girls’ sports, and McMahon’s agenda will be one of those layers if she is confirmed.

A recent New York Times/Ipsos survey found the vast majority of Americans, including a majority of Democrats, do not think transgender athletes should be permitted to compete in women’s sports. Of the 2,128 people polled, 79% said biological males who identify as women should not be allowed to participate in women’s sports.

Of the 1,025 people who identified as Democrats or leaning Democratic, 67% said transgender athletes should not be allowed to compete with women.

Follow Fox News Digital’s sports coverage on X, and subscribe to the Fox News Sports Huddle newsletter.

Jackson Thompson is a sports writer for Fox News Digital. He previously worked for ESPN and Business Insider. Jackson has covered the Super Bowl and NBA Finals, and has interviewed iconic figures Usain Bolt, Rob Gronkowski, Jerry Rice, Troy Aikman, Mike Trout, David Ortiz and Roger Clemens.

February 13, 2025
Democrat senators lambast RFK Jr. before HHS secretary Senate confirmation vote

Senate Democrats railed against Robert F. Kennedy Jr. in a late-night session Wednesday ahead of his confirmation vote to potentially become the Secretary of Health and Human Services (HHS).

Kennedy’s confirmation vote is expected around 10:30 a.m. ET on Thursday, but Democrat senators spent the evening before condemning former President Donald Trump’s HHS pick on a number of issues.

Senate Minority Leader Chuck Schumer, D-N.Y., described Kennedy as “obviously unqualified,” “obviously fringe,” and as holding views “obviously detrimental to the well-being of the American people.”

“Robert F. Kennedy Jr. is not remotely qualified to become the next Secretary of Health and Human Services,” Schumer said. “Robert F. Kennedy might be the least qualified people the president could have chosen for the job. It’s almost as if Mr. Kennedy’s beliefs, history and background were tailor-made to be the exact opposite of what the job demands.”

RFK JR NOMINATION TO SERVE AS TRUMP’S HEALTH SECRETARY CLEARS KEY HURDLE IN SENATE

Robert F. Kennedy, Jr. testifies during a Senate Committee on Health, Education, Labor and Pensions hearing on Jan. 30, 2025, in Washington. (AP Photo/Rod Lamkey, Jr)

Referencing Kennedy and Tulsi Gabbard, the newly confirmed Director of National Intelligence, Schumer accused Republican senators of “rubber-stamping people no matter how fringe they are.”

“The HHS is an agency that depends on science, on evidence and impartiality to ensure the well-being of over 330 million Americans. HHS ensures we eat safe food, purchase reliable medication, oversee Medicare benefits and approve the use of lifesaving vaccines. Most importantly, a good HHS secretary makes sure the American people have access to affordable, high-quality healthcare. Mr. Kennedy, unfortunately, is not qualified to oversee any of these things,” Schumer said. “He is neither a doctor, nor a scientist, nor a public health expert, nor a policy expert of any kind. If Mr. Kennedy is confirmed given that lack of background, I deeply fear that he will rubber stamp Donald Trump’s war against healthcare, meaning we will see more of the disastrous funding cuts of the last few weeks, meaning that more people will lose health coverage, meaning that the interests of for-profit corporations and Big Pharma will come before the needs of working Americans.”

On the Senate floor, Sen. Peter Welch, D-Vt., read again the letter from Kennedy’s cousin, Caroline Kennedy, who served as the U.S. ambassador to Australia under the Biden administration.

Her letter, which she released ahead of RFK Jr.’s Senate confirmation hearing last month, said, “Now that Bobby has been nominated by President Trump to be Secretary of Health and Human Services, a position that would put him in charge of the health of the American people, I feel an obligation to speak out. Overseeing the FDA, the NIH and the CDC and the centers for Medicare and Medicaid Services agencies that are charged with protecting the most vulnerable among us is an enormous responsibility, and one that Bobby is unqualified to fill. He lacks any relevant government financial management or medical expertise. His views on vaccines are dangerous and willfully misinformed.”

Caroline Kennedy went on to write, “I have known Bobby all my life. We grew up together. It’s no surprise that he keeps birds of prey as pets because he himself is a predator.” Her letter said, “While he may encourage a younger generation to attend AA meetings, Bobby is addicted to attention and power. Bobby preys on the desperation of parents of sick children, vaccinating his own children while building a following by hypocritically discouraging other parents from vaccinating theirs.”

“My view? Robert Kennedy has spent his considerable talent promoting misinformation to vulnerable people who have motives we all have and that is the well-being of people we love. You know, some of the things that Mr. Kennedy said when he’s attacking vaccines, they’re not based at all on science, but they appeal to people’s distrust of the standard medical profession,” Welch said. “He’s promoting it using the magic of the Kennedy name. The credibility that comes from being a member of one of the most starry political families in the history of our country.”

Senate Minority Leader Chuck Schumer, D-N.Y., left, railed against Kennedy. (AP Photo/Rod Lamkey, Jr.)

Sen. Chris Van Hollen, D-Md., came to the floor to voice his “strong opposition” to Kennedy.

DOGE SUBCOMMITTEE HOLDS FIRST HEARING SLAMMING $36T NATIONAL DEBT, AS HOUSE REPUBLICANS DECLARE ‘WAR ON WASTE’

“Mr. Kennedy says that he’ll always follow the evidence no matter where it leads. Well, if you look at his record, he hasn’t done that,” Hollen said.

The senator said Kennedy has “no experience, no qualifications in the vast majority” of the wide range of subjects HHS covers, naming how the department “provides quality control for reproductive health services,” “ensures that contraception are covered under the Affordable Care Act, and it makes sure that Americans can have access to over-the-counter options” and also includes programs for early childhood development, the elderly and the disabled.

“I don’t think any of us expect that one Secretary of HHS can know everything. But if you monitored the hearings and listened to Mr. Kennedy’s answers, you can see that Mr. Kennedy knows virtually nothing about all those important subjects,” he said.

Van Hollen quoted former President John F. Kennedy, who said more than 60 years ago that he hoped “that the renewed drive to provide vaccination for all Americans, and particularly those who are young, will have the wholehearted support of every parent in America.”

“Unfortunately, his nephew, RFK Jr, has spent decades unraveling that hard won legacy by spreading lies and conspiracy theories about vaccines,” Van Hollen said.

Sen. Peter Welch, D-Vt., was among the Democrats to speak out against HHS nominee Robert F. Kennedy Jr. during a late night session Wednesday. (Tierney L. Cross/Getty Images)

Sen. Chris Murphy, D-Conn., also took issue with the notoriety of the Kennedy name.

“I don’t think it’s hyperbole to say that there are very few people in this country that are less qualified to run this agency than Robert Kennedy Jr.,” Murphy said. “I say that because there are few people in the country who have been so enthusiastic, so public and so impactful in their ability to take some of the wildest conspiracy theories that are out there on the internet about our health system or about our kids, or about our families, internalize them and then disseminate them in a way that does great damage.”

Sen. Andy Kim, D-N.J., asserted, “We live in the time of the greatest amount of distrust that we’ve ever seen in this country, and that is most pronounced, most clear when it comes to our health. And one of those people we need to trust the most in our country is the person who runs the Department of Health and Human Services.”

After meeting with Kennedy and reviewing his statements, Kim said, “he is not someone I can trust with my health, and in good conscience, I cannot vote for him.”

“If I cannot trust him with the health of my own kids, how can I ask the families of 9 million other New Jerseyans to do it?” Kim said. “He has too often diminished that trust in the very healthcare he would be in charge of and too often has spread disinformation about the diseases and challenges and threats that we face.”

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Acknowledging how Kennedy’s supporters would argue he is “fighting against a broken system” and “simply wants to make American healthy,” Kim said, “unfortunately what we’re seeing like most things coming out of this administration is corruption and conspiracy disguised as false promises of change.”

Kim said his father was disabled by polio and his mother has Lyme disease, railing against Kennedy’s claims that Lyme disease could have been engineered by the military, as well as that the polio vaccine could be linked to increased rates of cancer.

Danielle Wallace is a breaking news and politics reporter at Fox News Digital. Story tips can be sent to [email protected] and on X: @danimwallace.

February 13, 2025
EXCLUSIVE: Patel camp derides Durbin accusations as ‘politically motivated’ attempt to derail FBI confirmation

EXCLUSIVE: President Donald Trump’s FBI director nominee, Kash Patel, pushed back Wednesday on allegations that he played a role in the firings of bureau personnel just hours after swearing not to do so during his confirmation hearing late last month – dismissing accusations from the panel’s top Democrat as a politically motivated effort to derail his confirmation.

Speaking to Fox News Digital Wednesday morning, a senior transition team official for Patel refuted the allegations made by the ranking Senate Judiciary Committee Democrat, Dick Durbin, that Patel had orchestrated the firings after his confirmation hearing.

This person told Fox News that Patel had left Washington the night of his confirmation hearing to fly home to Las Vegas, where he has “been sitting there waiting for the process to play out.”

This person also refuted the notion that Patel has had anything to do with the firings of bureau personnel, as alleged by Durbin in Senate floor remarks the previous day.

FBI AGENTS SUE TRUMP DOJ TO BLOCK ANY PUBLIC IDENTIFICATION OF EMPLOYEES WHO WORKED ON JAN. 6 INVESTIGATIONS

Senate Judiciary ranking member Sen. Dick Durbin, D-Ill., Kash Patel and Judiciary Chariman Chuck Grassley, R-Iowa. ( AP/Getty Images)

“Mr. Patel has been going through the confirmation process, and everything he has done since his nomination has been above board,” this person said in an interview with Fox News Digital. “And any insinuation otherwise is false.”

In addition to his trip home to Vegas, Patel has also spent time hunting away from Washington, this person said, providing photographed evidence of Patel’s activities.

The news comes one day after Durbin’s team cited “highly credible” whistleblower reports his office had received in recent days, which they said indicated that Patel had been “personally directing the ongoing purge of FBI employees prior to his Senate confirmation for the role.”

Durbin’s staff also sent a letter Tuesday to the Justice Department’s inspector general, Michael Horowitz, requesting an investigation into these allegations.

“I have received highly credible information from multiple sources that Kash Patel has been personally directing the ongoing purge of career civil servants at the Federal Bureau of Investigation,” Durbin said in the letter to Horowitz.

“Although Mr. Patel is President Trump’s nominee to be FBI Director, he is still a private citizen with no role in government.”

If true, Durbin has alleged that Patel’s reported actions could put him on the hook for perjury.

Patel claimed during his Senate confirmation hearing late last month that he would use his role to protect agents against efforts to weaponize the bureau.

“All FBI employees will be protected against political retribution,” Patel told Sen. Richard Blumenthal, D-Conn., during that hearing.

Democrats on the Senate Judiciary Committee have sought to discredit Patel’s confirmation in the days and weeks ahead of his confirmation – which they reiterated last week in a press conference, after announcing they would delay his committee confirmation vote by a full week.

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Durbin told Fox News last week that their aim in delaying the hearing is to raise more public awareness about Patel’s previous actions, in hopes that doing so will shore up new opposition from some Republicans in the chamber.

Ultimately, lawmakers noted they can only delay Patel’s committee vote through next week. Beyond that, they said, it is up to Republicans.

This is a breaking news story. Check back shortly for updates.

Breanne Deppisch is a politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI, and other national news.

February 12, 2025
Tulsi Gabbard slated for confirmation vote after key committee triumph

President Donald Trump is on the cusp of seeing his 14th Cabinet member confirmed in former Democratic Rep. Tulsi Gabbard.

Gabbard is slated for a final Senate confirmation vote to be Trump’s director of national intelligence (DNI) after midnight in the early morning hours of Wednesday.

This is when the 30 hours of post-cloture debate expires on her nomination. Frequently, the debate between the cloture motion and the final vote is minimized in what’s referred to as a “time agreement” between Republicans and Democrats. But with the controversial nature of Gabbard’s nomination and ongoing frustrations with the Department of Government Efficiency (DOGE) and its government audit, no such agreement is expected.

NOEM, HEGSETH, BONDI PLEAD WITH CONGRESS FOR MORE BORDER FUNDING AMID LARGE-SCALE DEPORTATIONS

Gabbard is expected to be confirmed. (Getty Images)

Gabbard is expected to be confirmed and has already amassed support from hesitant Republicans who voted against Trump’s Defense Secretary Pete Hegseth, requiring Vice President JD Vance to break the tie in the upper chamber.

Sens. Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, who are often considered the conference’s moderate members, have both already come out in support of Gabbard. Both lawmakers voted against confirming Hegseth.

LORI CHAVEZ-DEREMER: THE LITTLE-KNOWN TRUMP NOMINEE WHO MAY NEED TO RELY ON DEMS

Murkowski said she would back Gabbard after opposing Hegseth. (Jemal Countess/Getty Images for JDRF)

Collins is a member of the Senate Select Committee on Intelligence and voted in favor of the nomination, helping advance it to the full Senate floor.

Gabbard also snagged the backing of key Sens. Bill Cassidy, R-La., and Todd Young, R-Ind., despite the latter being uncertain before the committee vote.

TRUMP NOMINEE TULSI GABBARD CLEARS LAST HURDLE, HEADS FOR FINAL CONFIRMATION VOTE

Sen. Young came out in support of Gabbard hours before the committee vote. (Reuters)

Young is also on the Intel Committee and ultimately voted to advance her to the floor, but only after some prodding and discussions with Chairman Tom Cotton, R-Ark., and Vance, who operated rigorous operations to ensure the nomination got through.

SCHUMER REVEALS DEM COUNTER-OFFENSIVE AGAINST TRUMP’S DOGE AUDIT

Tulsi Gabbard, nominee for director of national intelligence, and Edward Snowden (AP/Getty)

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Some concerns that followed Gabbard through her confirmation hearing were her past meeting with former Syrian President Bashar al-Assad, her previous FISA Section 702 stance and her past support for NSA whistleblower Edward Snowden.

But these worries were apparently quelled by her answers and the persuasive support of both Cotton and Vance.

Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner.

Follow Julia’s reporting on X at @JuliaaJohnson_ and send tips to [email protected].

February 11, 2025
More than 680,000 law enforcement personnel urge Patel confirmation to head up FBI

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FIRST ON FOX: More than 680,000 law enforcement personnel have urged the Senate to confirm President Donald Trump’s FBI director nominee, Kash Patel, as quickly as possible – a show of support that comes as Democrats on the panel have moved to delay his confirmation ahead of a planned vote this Thursday.

The total number of supporters from law enforcement agencies was shared exclusively with Fox News Digital, and includes state, local and federal backers from groups including the National Sheriffs’ Association, the National Police Association and more than 370,00 members of the national Fraternal Order of Police, which announced their support for Patel Monday night.

“Throughout the course of his federal career, Mr. Patel has become very well acquainted with our national security apparatus and the threats the United States faces abroad,” the group said in the letter to the Republican chairman and top Democrat on the Senate Judiciary Committee.

This group touted Patel’s experience as a trial attorney for the Justice Department’s National Security Division, at the National Security Council and later at the Department of Defense, where he previously served as chief of staff to the department’s acting secretary.

DEMS DELAY PATEL COMMITTEE VOTE, DERIDE TRUMP FBI PICK AS DANGER TO US SECURITY

Kash Patel, President Donald Trump’s nominee for FBI director, arrives to testify during his confirmation hearing before the Senate Judiciary Committee on Jan. 30, 2025 in Washington, D.C. (Kevin Dietsch/Getty)

They also cited a “broad-ranging conversation” the group had with Patel, in which they said he “made a compelling case about his commitment to public safety and ways in which the FBI can support state and local law enforcement agencies.”

“He has committed to building on the level of trust and collegiality the FBI enjoys with the law enforcement community, and we will all benefit from the enhanced impact the FBI can have on public safety in our communities.”

The groups have praised what they described as Patel’s “unwavering commitment” to upholding the rule of law, defending justice, and protecting the American people.

BONDI SWORN IN AS ATTORNEY GENERAL WITH MISSION TO END ‘WEAPONIZATION’ OF JUSTICE DEPARTMENT

Senate Judiciary Committee Democrats held a news conference in the Hart Senate Office Building opposing Kash Patel’s confirmation as FBI director. Pictured from left to right, Sens. Chris Coons, D-Del., Cory Booker, Amy Klobuchar, Sheldon Whitehouse, Alex Padilla, Richard Durbin, Peter Welch and Mazie Hirono. (Breanne Deppisch for Fox News Digital)

The endorsements come just days before the Senate Judiciary Committee is slated to vote to advance Patel’s nomination to be FBI director – a vote that has come under fresh scrutiny from Judiciary Democrats, who have cited recent efforts by the Trump administration to investigate FBI personnel involved in the Jan. 6 investigations.

Trump also touched off new concerns and criticism last week when he said he planned to fire at least some of the FBI officials involved in the Jan. 6 investigation, telling reporters that at least some of the agents, in his view, “were corrupt.”

“Those people are gone, or they will be gone,” Trump said of the agents, adding that it will be done “quickly and very surgically.”

The White House did not immediately respond to Fox News Digital’s request for comment on what, if any, new information Trump had received about the allegedly corrupt activity of the bureau, or the number of personnel that could be impacted.

FBI AGENTS GROUP TELLS CONGRESS TO TAKE URGENT ACTION TO PROTECT AGAINST POLITICIZATION

Kash Patel’s nomination to lead the FBI has raised concerns within the bureau that he would lead a political persecution of agents who worked on the Jan. 6 investigations. (Getty Images/Fox News Digital)

Patel, for his part, used his confirmation hearing late last month to assure lawmakers he would protect agents against political retribution or efforts to weaponize the bureau.

“All FBI employees will be protected against political retribution,” Patel told Sen. Richard Blumenthal, D-Conn., during that hearing.

Last week, Democrats on the Senate Judiciary Committee succeeded in temporarily postponing Patel’s confirmation hearing – pushing the committee vote to Thursday, Feb. 13 – as they demanded a second hearing from the Trump-aligned former Defense Department official seeking clarity on his previous remarks and his candor.

Democrats criticized Patel for both his previous actions and his remarks made on podcasts, social media and in his book, saying that in their view, Patel failed to assuage any of their concerns last week during his confirmation hearing – primarily, questions of whether he would take moves to ensure the bureau can continue to act without political interference.

Senate Judiciary Committee ranking member Dick Durbin, D-Ill., left, Kash Patel, center, and Chairman Sen. Chuck Grassley, R-Iowa. ( AP/Getty Images)

Still, the opposition has been sharply contested by the panel’s chairman, Sen. Charles Grassley, R-Iowa.

Grassley chastised attempts by Democrats to force Patel to testify again in a statement last week, dismissing the effort as “baseless.”

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He noted that Patel had already sat through a nearly six-hour Senate confirmation hearing, submitted “thousands of pages” of records to the panel, and nearly 150 pages of responses to lawmakers’ written questions.

Barring any unexpected opposition, Patel is expected to clear both the committee vote Thursday morning and the full vote in the Republican-led chamber.

February 11, 2025
Trump DNI pick Tulsi Gabbard clears last hurdle, heads for final confirmation vote

President Donald Trump’s nominee to be Director of National Intelligence (DNI), Tulsi Gabbard, cleared her last procedural hurdle on Monday evening, paving the way for a final confirmation vote later this week.

The motion passed by a vote of 52-46, along party lines.

At one time considered perhaps the most vulnerable of Trump’s picks, the former Democratic congresswoman got past another key vote, defeating the legislative filibuster’s threshold on nominations.

SCHUMER REVEALS DEM COUNTER-OFFENSIVE AGAINST TRUMP’S DOGE AUDIT

Tulsi Gabbard, President Donald Trump’s choice to be the Director of National Intelligence, arrives to appear before the Senate Intelligence Committee for her confirmation hearing on Capitol Hill on Thursday, Jan. 30, 2025, in Washington. (AP)

The Monday vote’s outcome was much more certain than that of her Senate Select Committee on Intelligence vote last week, which depended on a handful of senators who had potentially lingering concerns.

TRUMP’S KEY TO CABINET CONFIRMATIONS: SENATOR-TURNED-VP VANCE’S GIFT OF GAB

Tom Cotton carried out a calculated effort to get Tulsi Gabbard past the Intel committee. (Reuters/ Getty Images)

But Republicans signaled confidence in her confirmation in the full Senate, evidenced by their slating it while Vice President JD Vance is in Europe representing the U.S. at events and meetings, and is not around to break a tie in the upper chamber. Vance notably had to break a tie to confirm Defense Secretary Pete Hegseth.

The vote teed up a final confirmation vote on Wednesday, as Democrats are expected to use all 30 hours of post-cloture time to debate, rather than reaching a time agreement with Republicans to expedite it.

INSIDE SEN. TOM COTTON’S CAMPAIGN TO SAVE TULSI GABBARD’S ENDANGERED DNI NOMINATION

Vice President JD Vance will attend an AI summit in Paris, a French official said. (AP Photo/Alex Brandon)

Gabbard advanced out of the Senate Select Committee on Intelligence last week, snagging the support of crucial GOP Sens. Susan Collins, R-Maine, and Todd Young, R-Ind.

In a final vote, Gabbard can only lose 3 Republican votes, assuming she does not get any Democratic support, as was the case in the committee vote.

LEADER THUNE BACKS SENATE GOP BID TO SPEED PAST HOUSE ON TRUMP BUDGET PLAN

Sen. Young came out in support of Gabbard hours before the committee vote. (Reuters)

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Gabbard already has an advantage over Defense Secretary Pete Hegseth, as Collins supports her. The senator was notably one of three votes against Hegseth.

Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner.

Follow Julia’s reporting on X at @JuliaaJohnson_ and send tips to [email protected].

February 11, 2025
Tulsi Gabbard faces next Senate challenge as she inches closer to confirmation

Former Democratic congresswoman Tulsi Gabbard will face another test Monday night in the Senate as she hopes to be confirmed to one of the most important national security posts in the U.S. government.

President Donald Trump’s nominee to be Director of National Intelligence (DNI) will get a cloture vote at 5:30 p.m., when she will need to get more than 50 votes in order to advance to a final confirmation vote.

If the cloture motion passes, there will be 30 hours of debate on the Senate floor. Frequently, the debate between the cloture motion and the final vote is minimized in what’s referred to as a “time agreement” between Republicans and Democrats. But with the controversial nature of Gabbard’s nomination and ongoing frustrations with the Department of Government Efficiency (DOGE) and its government audit, no such agreements are expected.

SCHUMER REVEALS DEM COUNTER-OFFENSIVE AGAINST TRUMP’S DOGE AUDIT

Former Rep. Tulsi Gabbard, President Donald Trump’s choice to be the Director of National Intelligence, appears before the Senate Intelligence Committee for her confirmation hearing on Capitol Hill, Thursday, Jan. 30, 2025, in Washington. (AP)

This will set Gabbard up for a final confirmation vote on Wednesday at the earliest, when the 30 hours of debate expire.

The nominee advanced out of the Senate Select Committee on Intelligence last week, snagging the support of crucial GOP Sens. Susan Collins, R-Maine, and Todd Young, R-Ind.

TRUMP’S KEY TO CABINET CONFIRMATIONS: SENATOR-TURNED-VP VANCE’S GIFT OF GAB

Collins came out in support of Gabbard despite concern she might not. (Tom Williams/CQ-Roll Call via Getty Images)

Her success on the cloture motion and with final confirmation are much more favorable than her initial odds in the Intel committee were.

In order to get the support of all the committee’s Republicans, Chair Tom Cotton, R-Ark., and Vice President JD Vance worked around the clock. Their conversations with committee members and tireless efforts were credited with getting her past the key hurdle.

INSIDE SEN TOM COTTON’S CAMPAIGN TO SAVE TULSI GABBARD’S ENDANGERED DNI NOMINATION

Tom Cotton carried out a calculated effort to get Tulsi Gabbard past the Intel committee. (Reuters/Getty Images)

In a final vote, Gabbard can only lose 3 Republican votes, assuming she does not get any Democratic support, as was the case in the committee vote.

She already has an advantage over Defense Secretary Pete Hegseth, as Collins supports her. The senator was one of three votes against Hegseth.

LEADER THUNE BACKS SENATE GOP BID TO SPEED PAST HOUSE ON TRUMP BUDGET PLAN

Hegseth was confirmed after Vance cast a tie-breaking vote. (Tom Williams)

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Despite the limited votes Gabbard can afford to lose, Republicans appear to be confident about her odds. This was signaled through the White House dispatching Vance to Europe for events and meetings during the time of Gabbard’s cloture and confirmation votes. If Republicans expected to need Vance to break a tie in the upper chamber, they likely would not have slated her vote for this week.

Julia Johnson is a politics writer for Fox News Digital and Fox Business, leading coverage of the U.S. Senate. She was previously a politics reporter at the Washington Examiner.

Follow Julia’s reporting on X at @JuliaaJohnson_ and send tips to [email protected].

February 10, 2025
The confirmation juggernaut: How Trump is getting everything he wants in building his Cabinet

President Donald Trump is getting what he wants.

Specifically, who he wants to serve in his administration.

The nomination of former Rep. Matt Gaetz, R-Fla., for attorney general last November?

That was a lifetime ago. Pushed out. Withdrawn. Unconfirmable. Whatever you want to call it.

OUT OF POWER: DEMOCRATS DISORIENTED IN FIGHT AGAINST TRUMP AGENDA

Trump Capitol split image (Getty Images)

The Senate has already confirmed at least one nominee whom political experts deemed as potentially unconfirmable a few weeks ago: Defense Secretary Pete Hegseth.

Hegseth skated through to confirmation with three GOP nays. But Vice President JD Vance broke a tie. It was only the second time in U.S. history that the Senate confirmed a Cabinet secretary on a tiebreaking vote by the vice president.

And by the end of the week, the Senate will likely confirm two other controversial nominees who at one point seemed to be a stretch. The Senate votes Monday night to break a filibuster on the nomination of Tulsi Gabbard to serve as Director of National Intelligence. Her confirmation vote likely comes Wednesday. After that, the Senate likely crushes a filibuster on the nomination of Robert F. Kennedy Jr. to serve as Health and Human Services Secretary. The Senate could confirm Kennedy by late Thursday.

THE HITCHHIKER’S GUIDE TO HOUSE REPUBLICANS RELEASING THEIR TAX AND SPENDING CUT PLAN

Robert F. Kennedy Jr., President Donald Trump’s choice to be Secretary of Health and Human Services, appears before the Senate Finance Committee for his confirmation hearing at the Capitol in Washington, Wednesday, Jan. 29, 2025. (J. Scott Applewhite)

It was unthinkable in November that Trump may be able to muscle through certain nominees. But this is a confirmation juggernaut. Yes, challenges await former Rep. Lori Chavez-DeRemer, R-Ore., who’s up for Labor Secretary. Some Republicans believe Chavez-DeRemer is too pro-labor. And the Department of Education may not be around long enough for the Senate to ever confirm Education Secretary nominee Linda McMahon. But so far, Republicans are sticking together.

Many Senate Republicans aren’t willing to buck the president. They believe the GOP owes its majority in the House and Senate to him. So they’re willing to defer to Mr. Trump. Moreover, some Republicans worry about the president hammering them on Truth Social or engineering a primary challenge against them. Or, perhaps just pressuring them.

Groups aligned with the president went after Sen. Joni Ernst, R-Iowa, late last year after her initial meeting with Hegseth. Ernst served in the military and is a sexual assault survivor. In an interview on Fox, Ernst suggested she wasn’t on board with Hegseth yet and wanted “a thorough vetting.” But weeks later, Ernst came around and gave Hegseth the green light following a second meeting.

Pete Hegseth is surrounded by his wife Jennifer Rauchet and his 7 children as he is sworn in as the new Secretary of Defense by Vice-President JD Vance at the Eisenhower Executive Office Building at the White House in Washington, DC, on Jan. 25, 2025. (Roberto Schmidt/AFP)

Sen. Todd Young, R-Ind., dodged reporters’ questions in the hallways for several days about his stance on Gabbard.

“We’re not taking any questions!” an aide hollered brusquely as the senator tried to evade the Capitol Hill press corps in the Dirksen Senate Office Building.

The same thing happened the next day.

“Sorry, we’re not taking questions today. Sorry guys, we’re not taking questions today. Thank you though. Appreciate it,” said an aide as Young maneuvered through the halls.

Young didn’t tip his hand on Gabbard until the Intelligence Committee prepared to vote on the nomination and send it to the floor. Young released a letter from Gabbard where the nominee apparently allayed the senator’s concerns.

“There was certain language I wanted her to embrace,” said Young.

In particular, he wanted Gabbard to state she wouldn’t push for a pardon for spy Edward Snowden.

TULSI GABBARD EXPLAINS WHY SHE WON’T CALL EDWARD SNOWDEN A ‘TRAITOR’ AHEAD OF TOUGH COMMITTEE VOTE

Nominee for Director of National Security Tulsi Gabbard, left, and Edward Snowden pictured in Moscow Russia, right. (AP/Getty)

Gabbard once advocated that a pardon was in order for Snowden – even though he made off with perhaps the biggest heist of U.S. intelligence secrets of all time – and fled to Moscow.

The committee then voted 9-8 to send Gabbard’s nomination to the floor with a positive recommendation toward confirmation.

What made the difference to Young?

He spoke with President Trump. He spoke with Vance. He even spoke with Elon Musk.

“Was there any implication that there would be recriminations if you voted a different way?” asked yours truly.

“Never an intimation,” said Young. “I think something the American people don’t understand is that this process sometimes takes a while.”

He argued that obtaining reassurances followed the process that “our Founding Fathers wanted people like myself to” do.

The road to a prospective confirmation for RFK Jr. isn’t all that different.

Sen. Bill Cassidy, R-La., is a a physician and chairs the Senate Health Committee. After Kennedy’s hearing with that panel, Cassidy signaled he wasn’t prepared to support the nominee yet and wanted to talk with him over the weekend. Cassidy was perplexed by RFK Jr.’s stance on vaccines. But Cassidy was in RFK Jr.’s camp when it came time for the Senate Finance Committee to vote on the nomination a few days later.

TRUMP’S HEALTH SECRETARY NOMINEE RFK JR CLEARS SENATE FINANCE COMMITTEE CONFIRMATION VOTE

Left: Senate Health, Education, Labor, and Pensions Committee Chairman Sen. Bill Cassidy. Right: Robert F. Kennedy Jr., President-elect Donald Trump’s nominee to be Secretary of Health and Human Services. (Left: Chip Somodevilla/Getty Images; Right: Kevin Dietsch/Getty Images)

“Mr. Kennedy and the administration committed that he and I would have an unprecedentedly close, collaborative working relationship if he is confirmed,” said Cassidy. “We will meet or speak multiple times a month. This collaboration will allow us to work well together and therefore to be more effective.”

Cassidy’s support dislodged RFK Jr.’s nomination from committee and sent it to the floor. That’s why, like Gabbard, he’s on cruise control for a confirmation vote later this week.

What made the difference in salvaging these nominations which once teetered on the edge?

Multiple Senate Republicans point to their former colleague, Vance.

Vance has worked quietly in the shadows, leaning on his relationship with senators, to convince skeptical Republicans into a comfort zone with controversial nominees. The Trump Administration saw how quickly the nomination of Matt Gaetz evaporated last fall. There was worry that robust GOP pushback could jeopardize an entire slate of nominees.

So has Vance deployed soft power with senators? Or has he dispelled concerns through brute force? Judge for yourself.

Vice President JD Vance reacts after the Electoral College vote was ratified during a joint session of Congress to ratify the 2024 Presidential election at the U.S. Capitol on Jan. 6, 2025 in Washington, DC. (Win McNamee/Getty Images)

Consider what the vice president said about the role of senators during an interview on Fox last month:

“You don’t have to agree with everything Bobby Kennedy has ever said. You don’t have to agree with everything that Tulsi Gabbard has ever said,” said Vance of Republican senators. “You are meant to ask, ‘Do they have the qualifications and the character to do this job?’ The person who decides whether they should be nominated in the first place, he was the guy elected by the American people. That’s President Trump.”

The Senate has confirmed 13 of Trump’s nominees so far. Eleven obtained bipartisan support. Secretary of State Marco Rubio marshaled the votes of all 47 senators who caucus with the Democrats. Interior Secretary Doug Burgum secured 27 Democratic yeas. Attorney General Pam Bondi scored one Democratic yes. That was Sen. John Fetterman, D-Penn.

JOHN FETTERMAN REVEALS HOW HE’LL VOTE ON TRUMP’S TULSI GABBARD AND RFK JR. NOMINATIONS

Pennsylvania Lt. Gov. John Fetterman, then-Democratic candidate for U.S. Senate, accompanied by Rep. Dwight Evans, D-Pa., speaks in Philadelphia, Saturday, Sept. 24, 2022. (The Associated Press)

But Budget Director Russ Vought and Hegseth failed to win over any Democrats. That’s probably the same case with the upcoming confirmation votes for Gabbard and Kennedy. Not only do Democrats object to these nominees, but their base is compelling major pushback after the administration shuttered USAID and DOGE is mining for cuts – without congressional assistance.

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Some Democrats, like Sen. Tim Kaine, D-Va., believe that presidents deserve to have a cabinet of people they choose – unless they are egregious nominees or unqualified. But now Democrats are flexing their muscles. That’s why the Senate was in all night leading up to the confirmation vote of Vought. Democrats will likely require the Senate to burn all available time on Gabbard and Kennedy.

But Trump is getting what he wants when it comes to confirmations. Most Senate Republicans are unwilling to push back. And Democrats can make the Senate run the clock and speak out against nominees. But, proper or not, there is now a confirmation juggernaut for the president in the Senate.

Chad Pergram currently serves as a senior congressional correspondent for FOX News Channel (FNC). He joined the network in September 2007 and is based out of Washington, D.C.

February 10, 2025
‘Constitutional crisis’: The Impoundment Control Act takes center stage amid Russell Vought’s confirmation

A power struggle concerning government spending is heating up in Washington, D.C., igniting what some Senate Democrats call a “constitutional crisis” amid the Trump administration’s efforts to curb government waste.

The conflict stems from President Donald Trump’s pick to lead the Office of Management and Budget (OMB), Russell Vought, and was exacerbated when the Trump administration announced it would freeze federal grants and loans on Jan. 27 in an OMB memo.

Both Trump and Vought share a common point of contention: the Impoundment Control Act.

The 1974 law, which Trump and Vought both argue is unconstitutional, reasserts Congress’ power of the purse and bars the executive branch from unilaterally side-stepping Congress and withholding appropriated funds.

However, many legal experts warn that the matter is not up for debate, and the courts are clear; it is unconstitutional for the executive branch to divert dollars Congress has authorized.

The Senate voted to confirm Vought on Thursday by a 53–47 margin along party lines, following a 30-hour delay from Democrats in protest against his nomination.

Republicans claim that Vought is qualified to lead the department because he previously served in that role during Trump’s first term. Sen. Majority Leader John Thune, R-S.D., said Wednesday that Vought would “be able to hit the ground running.”

However, Democrats remained staunchly opposed to Vought’s nomination and claimed his views on impoundment disqualified him from the role, with Sen. Richard Blumenthal, D-Conn., arguing on Wednesday that Trump and Vought believe “they may be above the law.”

However, what is the Impoundment Control Act? Here is a look at what’s up for debate regarding government spending — and what changes could emerge during the Trump administration.

What is the Impoundment Control Act?

Article I of the U.S. Constitution grants Congress the authority to manage the federal budget to determine funding decisions to balance power between the branches of government.

However, the act of impoundment occurs when the executive branch chooses to not spend these approved dollars from Congress, since the executive branch and the Office of Budget and Management do oversee the actual spending of the approved funds.

Should a president want to spend less than what Congress has budgeted, the executive branch must secure approval from Congress. Deferring funds also requires the executive branch to inform Congress.

As a result, Congress passed the 1974 Impoundment Control Act to establish these proper channels of congressional oversight if a president chooses to withhold or defer these funds.

‘ULTRA-RIGHT’: TRUMP BUDGET CHIEF PICK RUSSELL VOUGHT FACES FIRE FROM DEM SENATORS

President Donald Trump’s nominee for Office of Management and Budget director, Russell Vought, testifies during the Senate Finance Committee nomination hearing in the Dirksen Senate Building on Jan. 22, 2025 in Washington, D.C. (Kayla Bartkowski/Getty Images)

Vought’s opponents voiced concern that his leadership would lead to more cases like the freeze of federal grants and loans disclosed in an OMB memo on Jan. 27, a move that Democrats say was illegal and violated the Impoundment Control Act.

“As much as Trump desires it, the president is not a king,” Senate Budget Committee ranking member Jeff Merkley, D-Ore., told reporters on Jan. 28. “As much as Trump desires it, a law is not a suggestion.”

“These are not questions of opinion,” Merkley said. “These are principles at the heart of our constitutional system. It’s at the heart of our checks and balances, and thus we have a constitutional crisis.”

‘This is Congress’ job’

Vought repeatedly defended his stance that the Impoundment Control Act was unconstitutional in multiple confirmation hearings and claimed that presidents historically could spend less than what Congress had earmarked prior to 1974.

Proponents of executive impoundment frequently point to Thomas Jefferson’s administration in 1803, when Congress appropriated funding for 15 gunboats. However, Jefferson held off on purchasing the boats to not aggravate France amid delicate discussions between then-Secretary of State James Madison and Napoleon. The purchase of the boats eventually became unnecessary following the Louisiana Purchase.

Additionally, Vought’s Center for Renewing America, a nonprofit Vought founded in 2021, has said impoundment allows the executive branch to exert fiscal discipline and that the president has the authority to determine if funds are used in the most efficient manner.

Vought did not respond to a request for comment from Fox News Digital.

However, according to multiple legal experts, the Constitution and the courts are clear that spending appropriations fall under the parameters of the legislative branch.

Michael McConnell, director of the Constitutional Law Center at Stanford Law School, told Fox News Digital, “The president has the constitutional obligation to take care that the laws be faithfully executed, and that includes spending.

“So I don’t know where Mr. Vought gets the view that somehow the president has the right to decide what the government is going to spend money on,” he said. “This is Congress’ job.”

Despite Trump and Vought’s views that the Impoundment Control Act is unconstitutional, McConnell said that he believed there is “no reasonable prospect that the court is going to agree with that.

“The person who would have been the recipient of the funding will have some standing to sue,” McConnell said. “So, I would assume that if there’s an impoundment, there will be an immediate lawsuit under the Impoundment Control Act.”

TRUMP TREASURY PICK: EXTENDING TRUMP TAX CUTS ‘SINGLE MOST IMPORTANT ECONOMIC ISSUE’

Russell Vought repeatedly defended his stance that the Impoundment Control Act was unconstitutional in multiple confirmation hearings. (Jacquelyn Martin/The Associated Press )

Other legal experts agreed that should the Trump administration attempt to withhold funds, the courts would step in and assert that there is no legal basis to do so.

That is because this is not a murky legal issue, according to Georgetown Law professor Stephen Vladeck.

“There are contested issues of constitutional law, but this just isn’t one of them,” Vladeck told Fox News Digital. “Were it otherwise, there wouldn’t be much point in having a legislative branch.”

Legal experts claim the courts historically have upheld the constitutionality of the Impoundment Control Act, and point to the 1975 case Train v. City of New York. In that case, the Supreme Court determined the Environmental Protection Agency must use full funding included in the Federal Water Pollution Control Act Amendments of 1972, even though then-President Richard Nixon issued orders not to use all the funding.

Vought himself admitted in a Jan. 22 confirmation hearing that no court of law has found the Impoundment Control Act unconstitutional.

Fallout from the OMB memo

The courts did step into action following the recent OMB memo outlining a pause in federal grants and loans, and two federal judges have temporarily blocked the freeze.

Although the White House did rescind the memo pausing the federal aid on Jan. 29, White House press secretary Karoline Leavitt said that the move did not equate to a “rescission of the federal funding freeze.”

The White House did not respond to a request for comment from Fox News Digital on Vought’s nomination and comments from Democrats that the memo was “illegal.”

The memo did not appear to alarm Republican leadership in Congress, who publicly characterized the pause as standard protocol during an administrative turnover.

“I think that’s a normal practice at the beginning of administration, until they have an opportunity to review how the money is being spent,” Senate Majority Leader John Thune, R-S.D., told reporters on Jan. 27. “We’ll see kind of what the extent of it is, and … what they intend to do in a more fulsome way. But for now, I think it’s just, it’s just kind of a preliminary step that I think most administrations take,” Thune said.

House Speaker Mike Johnson, R-La., also told reporters on Jan. 27 the memo did not concern him and that he “fully” supported it, labeling the directive a “common application of common sense.”

Even so, the memo further intensified opposition to Vought’s nomination. Specifically, Democrats urged the entire Senate to reject Vought’s nomination on Jan. 30 in response, following a committee vote advancing his nomination to the Senate floor.

Merkely noted that Vought oversaw the OMB in 2019 when the office held up $214 million in military aid for Ukraine — an issue that emerged as a key point in Trump’s first impeachment. Ultimately, the Government Accountability Office determined in 2020 the move did violate the Impoundment Control Act, ahead of Trump’s Senate impeachment trial. The Senate ultimately voted to acquit Trump.

Therefore, Merkley characterized Vought as “dangerously unfit” to lead OMB and a “dangerous threat to our constitutional system of representative democracy.”

Josh Chafetz, a professor at Georgetown Law, said such language such as “constitutional crisis” is reasonable considering Congress’s spending power is one of the few but critical ways the legislative branch ensures the executive branch doesn’t exert too much power.

“These kinds of impoundments are not just unconstitutional, but they’re actually anti-constitutional,” Chafetz told Fox News Digital. “They strike at the very foundation of our constitutional order.”

Reform on the horizon?

Democrats also don’t believe the recent memo is an isolated incident. Sen. Minority Leader Chuck Schumer, D-N.Y. cautioned on Jan. 30 that Vought would seek to withhold funds again overseeing OMB — if the Senate confirms him.

Vought himself signaled the Trump administration could initiate reform on impoundment law. In a confirmation hearing on Jan. 22, Vought told lawmakers that while an exact strategy is not intact yet, the Trump administration plans to complete a review with the Justice Department to explore the “parameters of the law with regard to the Impoundment Control Act,” should the Senate confirm him.

Vought also noted that some lawmakers who agree with his position on impoundment have proposed legislation on the matter. For example, Sen. Mike Lee, R-Utah, introduced legislation in December 2024 to repeal the Impoundment Control Act, arguing that the law’s “unconstitutional limitations” on the executive branch have “contributed to a fiscal crisis.”

GET TO KNOW DONALD TRUMP’S CABINET: WHO HAS THE PRESIDENT-ELECT PICKED SO FAR?

Sen. Mike Lee, R-Utah., previously introduced legislation that would repeal the Impoundment Control Act. (Bill Clark/CQ-Roll Call, Inc via Getty Images)

While many legal experts agree the legislative branch is the proper channel for reforming the Impoundment Control Act, Chafetz doubts there is an appetite to do so and that lawmakers on both sides of the aisle would ultimately view such attempts as an “attack on their institution.”

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As a result, Vladeck said that the Trump administration only has two means to navigate the Impoundment Control Act: either adhere to it or modify it.

“As for what we can expect going forward, it’s entirely possible that the administration will try to push the envelope,” Vladeck said. “But the onus ought to be on the administration to follow the procedure Congress and the president agreed to in 1974 — or to make the case for why he shouldn’t have to.”

Diana Stancy is a politics reporter with Fox News Digital covering the White House.

February 10, 2025