Hill Heat

Claiming unified opposition to the nomination of Trump Supreme Court pick Brett Kavanaugh, Senate Democrats are fundraising to help re-elect incumbents who are not opposing Kavanaugh. In an email to its list in Sen. Mazie Hirono (D-Hawaii)’s voice, the Democratic Senate Campaign Committee wrote, “We need to stand together. So much is at stake.”

The email linked to a petition to “oppose Kavanaugh’s nomination” and then to a fundraising page to “Save the Supreme Court” and “Help Elect Senate Democrats.”

It is unclear how contributing to the DSCC would help save the Supreme Court from Kavanaugh, described in the DSCC email as a ” pre-selected political ideologue, nominated possibly because he believes a sitting president should be shielded from civil lawsuits, criminal investigation, and prosecution—no matter the facts.”

For there to be any likelihood of Kavanaugh’s nomination failing, the 49-member Democratic caucus would need to be unanimous in their opposition. But that is not the case—in particular with the vulnerable Democrats most heavily backed by the DSCC. As CNN reports, “Senators signal Kavanaugh appears on solid ground to win confirmation” :

“Not so far,” Sen. Heidi Heitkamp, a North Dakota Democrat, told CNN Wednesday afternoon when asked if anything she’s heard so far would be considered disqualifying.

“No, I haven’t seen anything from that standpoint,” Sen. Joe Manchin, a West Virginia Democrat, said when asked if he’s heard anything that would lead him to vote no. “He’s handled himself very professionally.”

Sen. Doug Jones, the Democrat from Alabama who won his special election after Gorsuch was confirmed, was non-committal when asked about Kavanaugh on Wednesday.

In addition to Heitkamp, Manchin, and Jones, Claire McCaskill of Missouri, Bill Nelson of Florida, Jon Tester of Montana, Joe Donnelly of Indiana are equivocal on Kavanaugh.

Update 9/6:

Liberal Senate Democrats praised Schumer’s failure to whip the caucus against Kavanaugh, as requested by a coalition of progressive advocacy organizations, Politico’s Burgess Everett and Elana Schor report:

“There is universal confidence in the Democratic Caucus for Sen. Schumer, whether they’re the progressives or the more conservative members of our caucus. There’s strong respect and admiration for how he handles diversity in our caucus,” said Maryland Sen. Ben Cardin.

“They’re the people that you can’t be pure enough for,” said Sen. Jeanne Shaheen (D-N.H.). of Schumer’s detractors. “Unless we can convince a few Republicans, then we don’t have the votes. That’s goal No. 1 and the outside groups should stay focused on that.”

Sen. Sheldon Whitehouse (D-R.I.). praised Schumer for “holding a very wide ranging caucus together in a way that has made strong points in the hearing without causing problems for our 2018 candidates.”

“There is what I call Democrat disease, which is to waste our time fighting with each other and quarreling over purity contests,” Whitehouse said. “And of all times to lose our way in those quarrels, this is perhaps the worst.”

In an interview with The Hill, Democratic whip Dick Durbin of Illinois was similarly critical: “The Senate doesn’t work that way, and the groups that are asking for it are not in touch with reality.”

As whip, Durbin is the senator officially responsible for wrangling the votes of the Democratic caucus.

In an interview with NPR’s Audie Cornish, Whitehouse similarly criticized the hearing protesters for being “not helpful” particularly for “the states in which we have, you know, our Senate races.”

Everett and Schor editorialize that letting Kavanaugh onto the Supreme Court in return for electoral victories in November would “vindicate” Schumer: “If a handful of red-state Democrats eventually support Kavanaugh and then win reelection, Schumer’s strategy will be vindicated.”

Full text of the email:

Trump Supreme Court nominee and former George W. Bush White House official Brett Kavanaugh has ruled repeatedly on behalf of industrial polluters, particularly on climate change. As a judge on the United States Court of Appeals for the District of Columbia (the D.C. Circuit), Kavanaugh has argued, sometimes successfully, to block action on carbon pollution.

Two more members of the Senate Committee on Agriculture, Senator Patrick Leahy, Democrat of Vermont, and Senator Heidi Heitkamp, Democrat of North Dakota, are publicly opposing the confirmation of Sam Clovis, Trump’s nominee to be USDA chief scientist. Ranking Member Debbie Stabenow of Michigan announced her opposition in September.

Clovis, long under criticism for his lack of scientific credentials, is now embroiled in the Mueller investigation for his role as a top Donald Trump presidential campaign official. Clovis directed his subordinate on the Trump campaign, George Papadopoulos, to “make the trip” to Moscow to collude with Russian agents.

“If his anti-science record were not enough cause for concern,” Leahy’s statement reads, “the latest reporting suggesting that Mr. Clovis may have facilitated Russian collusion in our elections raises these concerns to an alarming level. Even for this administration, that should be disqualifying.”

“Sam Clovis is uniquely unqualified to serve as USDA’s top scientist, and his confirmation would be harmful to North Dakota’s farmers, ranchers, and rural communities,” Heitkamp said in a statement to Politco. “North Dakota’s farmers and ranchers need and deserve someone in this role who will work in their best interest – and that is not Sam Clovis. I’ll oppose his nomination.”

With Leahy and Heitkamp’s announcements, there are ten senators, including three on the Agriculture Committee, to publicly oppose the nominee, who rejected the science of climate change, promoted the conspiracy theory that Barack Obama was not born in the United States, and argued that homosexuality is a choice.

A growing coalition of environmental, science, and sustainable farming organizations oppose Clovis.

Senator Patty Murray, Democrat of Washington State, is “strongly” opposing the confirmation of Sam Clovis, Trump’s nominee to be USDA chief scientist. Murray based her opposition on concerns that Washington is vulnerable to the dangers of climate change, and need government officials who respect the science, not “an adamant climate change denier” with a “deeply disturbing record of racist, homophobic, and sexist comments.”

Murray expressed her opposition in a letter to a constituent obtained by Hill Heat.

Murray is the sixth senator to publicly oppose the nominee, who rejected the science of climate change, promoted the conspiracy theory that Barack Obama was not born in the United States, and argued that homosexuality is a choice.

A growing coalition of environmental, science, and sustainable farming organizations oppose Clovis.

Thank you for contacting me with regard to Dr. Sam Clovis, President Donald J. Trump’s nominee to be the Under Secretary for Research, Education, and Economics and chief scientist for the U.S. Department of Agriculture (USDA). I appreciate hearing from you.

The responsibility to evaluate and vote upon nominees is one of my most important duties as your senator. I evaluate each individual that a president submits to the Senate based upon their record and experience to make sure they meet my long-held standards regarding ethics, honesty, and substantive experience in fields related to the job for which they are nominated. Whether in committee or on the Senate floor, I ask tough questions about how each nominee plans to move our country forward, to make it more just and inclusive, and to fight for the middle class and working families.

President Trump promised to “drain the swamp,” but with his choices of many Cabinet nominees and other officials, he has repeatedly broken that promise. So many of his nominees have been mired in shocking conflicts of interest or simply have not had the basic experience necessary for the positions they seek to fill. President Trump has continued to break that promise with the nomination of Dr. Clovis, who lacks any relevant experience for the position and is unfit to serve in any office of public service due to his history of racist and outrageous public comments. The president has again put campaign politics before basic competence by selecting Clovis, who served as one his senior campaign advisors, over individuals with knowledge and experience related to USDA, to agriculture in general, and to the agricultural research that is so important to Washington state.

The 2008 Farm Bill added the responsibility of chief scientist to the Under Secretary’s role, expanding the position’s duties and including the responsibility to lead scientific evaluation of evidence and data in order to inform policymaking. By law, this individual must be a scientist, and Dr. Clovis is not. He holds degrees in political science, business, and public administration, but appears to have no actual science background and has never worked in the agricultural economy. Accordingly, he is unable to fulfill the requirements of the Farm Bill and is unqualified for this role. I am also concerned by Clovis’ continued rejection of clear science, as he remains an adamant climate change denier. Climate change is real, and we can no longer pretend it is not. It is impacting families, workers, families, and business in Washington state and across the country. In Washington state, the realities of climate change have led to shrinking glaciers on Mt. Rainier, more intense and devastating wildfires, the loss of crops, reduced yields, and the destruction of wildlife habitats. USDA’s chief scientist must not be a person who rejects science or who questions the importance of crop insurance programs that are so important to our state, as Clovis has.

In addition to clearly lacking appropriate experience and training for the role, Clovis has a deeply disturbing record of racist, homophobic, and sexist comments that do not represent the values of Washington state and are unacceptable for any individual to make, let alone someone seeking a public office. His hateful and divisive words have no place in our diverse nation. Now more than ever, and in the wake of events like the tragedy in Charlottesville, we cannot permit hatred and bigotry to go unchallenged anywhere. Individuals who hold such views have no place being in positions of public trust.

I have been proud to lead the fight against President Trump’s unqualified nominees, and I will keep up that fight for as long as it takes. If and when Dr. Sam Clovis’ nomination for the Under Secretary of Research, Education, and Economics comes before the full Senate, I will strongly oppose him. The chief scientist role at USDA, which drives the agricultural research that is vital to maintaining Washington state’s edge in a global agricultural marketplace, must be filled by a competent professional who believes in science and in creating a sustainable future for all — regardless of race, gender, or sexual orientation.

Again, thank you for taking the time to share your thoughts with me, and please know that I will keep them in mind. If you would like to know more about my work in the Senate, please feel free to sing up for updates at http://murray.senate.gov/updates.

Sincerely,
Patty Murray
United States Senator

Senator Tom Udall, Democrat of New Mexico, is opposing the confirmation of Sam Clovis, Trump’s nominee to be USDA chief scientist. Udall based his opposition on concerns that New Mexico’s farmers and ranchers are exposed to the dangers of climate change, and need government officials who respect the science.

Udall is the fifth senator to publicly oppose the nominee, who rejected the science of climate change, promoted the conspiracy theory that Barack Obama was not born in the United States, and argued that homosexuality is a choice.

The USDA is incredibly important to farmers and ranchers in New Mexico. They fund research that helps farmers and ranchers adapt to climate change, so extreme weather patterns don’t cost them their livelihoods.

We need someone in this position who will take steps to stop climate change from destroying crops. We could be facing serious threats to food safety and our natural resources in the coming years — and Trump should nominate someone with the expertise and know-how to handle those threats.

Trump’s current nominee for chief scientist at the USDA has no significant scientific training or experience.

Demand President Trump to rescind Sam Clovis’s nomination and replace him with someone qualified.

The four other senators who publicly oppose Clovis are Sen. Debbie Stabenow (D-Mich.), the ranking member of the Senate Committee on Agriculture, Sen. Kamala Harris (D-Calif.), Sen. Brian Schatz (D-Hawaii), and Minority Leader Sen. Chuck Schumer (D-N.Y.).

A growing coalition of environmental, science, and sustainable farming organizations oppose Clovis.

Sen. Debbie Stabenow; Sam Clovis

Clovis, a right-wing talk show host from Iowa who ran a failed campaign for the Republican Senate nomination and held a senior position in the Trump election campaign, has a long history of prejudicial and anti-science statements. In a 2011 blog post, Clovis called progressives “race traitors.” He believes climate change is “junk science.” He said Trump’s border wall is a “matter of national security and national sovereignty.” Clovis said the science was still out but “as far as we know” homosexuality is a choice.

Clovis helped devise Trump’s Muslim ban, and has claimed that Barack Obama was not born in Honolulu. He called Eric Holder a “racist black,” Tom Perez a “racist Latino,” and claimed that President Obama “wants to enslave all who are not part of his regime.”

Clovis’ positions on agriculture policy are similarly radical: he has consistently opposed federal crop insurance, calling for it to be privatized in a 2014 interview and questioning its constitutionality in a 2013 radio interview.

In July, Republican Senator Pat Roberts of Kansas said at an Agriculture Committee hearing, “If there is some nominee who is coming before the committee who says crop insurance is unconstitutional, they might as well not show up.”

The law requires that the USDA’s Chief Scientist be chosen from “distinguished scientists with specialized training or significant experience in agricultural research, education, and economics.” Clovis has no such experience.

Stabenow joins Democratic senators Brian Schatz of Hawaii, Minority Leader Chuck Schumer of New York, and Kamala Harris of California in opposition to Clovis. She is the first member of the Agriculture Committee to formally oppose Clovis’ nomination.

A broad and growing coalition of agriculture, climate-justice, environment, science, and civil rights groups have forcefully opposed the Clovis nomination.

Stabenow’s letter is below:

Late Friday, the Trump administration announced it was nominating CSX executive Howard R. “Skip” Elliott to be Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the U.S. Department of Transportation.

PHMSA, with the Federal Railroad Administration, holds regulatory responsibility for pipeline transportation of flammable, toxic, or corrosive natural gas and other gases, the transportation and storage of liquefied natural gas, and hazardous materials transported in railroad tank cars.

CSX dominates crude-by-rail transport east of the Mississippi, bringing explosive oil trains through major metropolitan centers on a daily basis.

This position, along with Trump’s successful nominations of Federal Energy Regulatory Commissioners, will smooth the initiation of currently stalled fracked-gas pipeline projects.

As group Vice President of Public Safety, Health, Environment and Security for CSX Transportation in Jacksonville, Fla., Elliott’s responsibilities include hazardous materials transportation safety, homeland security, railroad policing, crisis management, environmental compliance and operations, occupational health management and continuity of business operations. He is a graduate of Columbia Southern University and Indiana University.

In 2011, Elliott led CSX’s participation in the Environmental Defense Fund’s (EDF) 2011 Climate Corps program, which places specially-trained graduate students in a three-month fellowship.

CSX has invested over one billion dollars in higher fuel efficiency, with the ironic result of the more efficient transport of and thus increased production of highly polluting tar-sands oil.

Sen Joe Manchin grins as Donald Trump signs legislation rescinding the Stream Protection Rule in February 2017.

Trump has made systematic deregulation, a longtime priority of the Koch brothers and other corporate-right leaders, a top priority. A January executive order of questionable Constitutional legitimacy called for the elimination of two federal regulations whenever a new regulation is issued.

Fortunately, no president can roll back regulations by fiat. The Trump Administration must go through the same process that’s used for making regulations, and that process gives everyone the opportunity to participate. Regulated businesses are sure to participate, since they are directly affected and may save money if regulations are delayed, watered down or repealed. Public interest groups are likely to participate, too, but they can’t be expected to save regulations all on their own. As members of the public that the regulations are designed to protect, we need to be loud and clear that the regulations are important to us. We can’t afford to be silent while President Trump tries to take away our protections.

The guide includes a comprehensive guide to the public comment process, recommendations for how to draft effective comments, and additional tips for influencing regulatory decisions. The guide also recommends Columbia Law School’s Climate Deregulation Tracker.

The guide can be downloaded here.

An accompanying press release offers three recommended actions to take for one current and two upcoming comment periods:

Proposed 2-year stay and reconsideration of methane emissions standards for oil and gas sector – The public comment period is ongoing; comments must be received on or before 11:59 pm August 9. To comment, search for Docket ID No. EPA-HQ-OAR-2010-0505 on the federal eRulemaking portal. The proposal was signed June 16. EPA web link

Waters of the U.S. rule proposed rescission – A 30-day comment period will begin soon when the rule, signed June 27, 2017, is published in the Federal Register. To comment, search for Docket ID No. EPA-HQ-OW-2017-0203, on the federal eRulemaking portal. EPA web link

Withdrawal of proposed Pebble Mine determination – EPA is proposing to withdraw a July 2014 Clean Water Act Section 404© Proposed Determination that would have imposed restrictions on the discharge of dredged or fill material from the potential “Pebble Mine” in Alaska’s Bristol Bay watershed. A 90-day comment period will begin soon when the withdrawal notice is published in the Federal Register. Comments can be emailed to [email protected] (reference docket number EPA-R10-OW-2017-0369 in the email subject line). EPA link

Another climate denier is one step closer to filling another seat in Donald Trump’s cabinet. On Thursday, March 9, the U.S. Senate Select Committee for Intelligence advanced the nomination of Dan Coats, Republican of Indiana, to the Senate floor.

Coats has dismissed the threat of global warming when asked, talking about snowstorms as if they disprove manmade climate change.

Only Democrats Ron Wyden of Oregon and Kamala Harris of California voted against the former senator and corporate lobbyist, who has limited foreign-affairs or intelligence experience.

• Richard Burr (R-N.C.)
• James Risch (R-Idaho)
• Marco Rubio (R-Fla.)
• Susan Collins (R-Maine)
• Roy Blunt (R-Mo.)
• James Lankford (R-Okla.)
• Tom Cotton (R-Ark.)
• John Cornyn (R-Texas)
• Mark Warner (D-Va.)
• Dianne Feinstein (D-Calif.)
• Martin Heinrich (D-N.M.)
• Angus King (I-Maine)
• Joe Manchin (D-W. Va.)

These five members of the Democratic caucus (King is an independent) have voted for other of Trump’s climate-denier nominees, despite all professing concern about the threat of manmade climate change.