Consent first, investigate later By Aubrey Sarvis

The Senate Armed Services Committee has scheduled a hearing for January 14th on the nomination of Pete Hegseth to be the next Secretary of Defense, notwithstanding that most committee senators have not been afforded an opportunity to see Mr. Hegseth’s F.B.I. background check or discuss with the nominee their concerns about reports involving sexual assault and harassment, a drinking problem, and mismanagement of two small veteran groups the nominee supervised. Usually a nominee for Secretary of Defense is eager to seize an opportunity to sit down with every senator on Armed Services to address allegations and alleviate any serious concerns. Not this time. This new approach is not consistent with how this committee exercises its advise and consent role.  Someone doesn’t want the Senate looking too closely at this young nominee’s background, recent behavior, and slim qualifications. The question is why.

Trump and incoming Vice-President Vance would have the Senate and American people believe there is nothing disturbing here and nothing more to learn about Mr. Hegseth’s fitness to serve in this critically important post.  Indeed, earlier this week the President-elect in a private caucus meeting with Senate Republicans apparently implored them to stick with him and Pete Hegseth, but he did not address any objections leveled against Mr. Hegseth’s nomination.  Last week Mr. Vance e-mailed me, and no doubt thousands of other veterans who had voted Republican at one time or another, “Patriot, They can’t go after President Trump and me.  We already beat them in a landslide! That’s why they’ve focused their efforts attacking a proud veteran like Pete Hegseth.”  Vance did not refute any of the arguments against the nomination, but he did ask me to sign Hegseth’s official letter of support that would soon flood senate offices.
Trump and Vance are making a weak case in behalf of this troubling nomination: senators should trust us and do as we ask. That isn’t the balance of power the framers of our constitution had in mind. A president nominates, but he doesn’t get to manage the senate process or dictate the vote outcome. Yes, historically, most senators have been inclined to vote for the nominee a president picks unless there are compelling reasons to object.  A refusal by the White House and a nominee to address and refute serious allegations would certainly be a compelling reason to vote against any nominee. Perhaps a review of the brief history of another troubling nomination for Secretary of Defense might be in order.

In 1989 Republican President George H. W. Bush nominated the former Republican Chairman of the Senate Armed Services, John Tower of Texas, to be his Secretary of Defense. Opposition to the Tower nomination wasn’t about getting President Bush or embarrassing a credible nominee many respected.  Opposition to the Tower nomination went directly to concerns about the nominee’s excessive drinking, womanizing, unacceptable behavior towards women, and blackmail. In1989 the senate did not enjoy holding one of their own to the same standards they demanded of other nominees, but they could not deny what was before them in plain sight. What unfolded in public view over weeks was painful and could have been avoided by Mr. Tower withdrawing, but Tower insisted he had no problem with drinking or women, confident he and the Bush White House would prevail. After hearings and floor debate, the senate, having refused to be rushed or flattered or cowered did its job.  It did not consent to the Tower nomination, and Dick Cheney became Secretary of Defense which pleased most Republicans enormously.

The Senate Armed Services Committee should adopt the Tower approach as they take up the Hegseth nomination. Today, senators cannot deny the stonewalling going on as they wrestle with a nomination riddled with many unanswered questions. The committee should afford the smooth talking television personality Hegseth a full and fair opportunity to refute serious allegations and silence his critics. Pithy and evasive answers must be challenged.  Most senators, Democrats and Republicans, would like to vote for the nominee.  But before the clerk calls the Hegseth vote each senator should ask if she or he is willing to take a chance on a nominee with thin qualifications who has a reported history of excessive drinking and repeated abusive behavior towards women, the very nominee, who, if confirmed, will make war and peace and national security recommendations to Congress and the President, and manage the largest work force in the U. S. government. Senators must be able to answer in the affirmative they are confident this nominee will protect all service members from sexual abuse and harassment while also insuring women have the same opportunities for advancement as their male counterparts.  Women make up 18% of the force and some of our services are already not meeting their recruiting goals.  To declare, as this nominee and former junior officer has done, that some fields should not be open to women hardly encourages more women to sign up.

Today there remains a serious sexual harassment and sexual abuse problem in every branch of our armed services, as well as a persistent drinking problem.  This is no time to confirm an individual to lead our armed forces and Defense Department civilians who may be seriously challenged in managing his drinking and conducting himself appropriately with women in social and professional settings.

Every senator on the committee should ask this nominee if he has now or ever had a serious drinking problem or a problem behaving appropriately with women at work and socially. The nominee’s answer must be clear and consistent with how he has conducted himself in recent years at work, socially, and at home.  Thirty-six years ago Senator John Tower, the former Chairman of the Senate Armed Services Committee, insisted he had no problem with drink or women, but hearings and a record complete with credible witnesses revealed otherwise.

A few sitting senators such as Mitch McConnell of Kentucky and Chuck Grassley of Iowa recall the ill-advised Tower nomination very well. Senator Grassley may want to share that history with his colleague, the junior senator from Iowa, Joni Ernest, an Army veteran, who sits on Armed Services and cares deeply about women in the ranks.  Soon she may have to vote on the Hegseth nomination. It could well be the most impactful vote Senator Ernst will ever cast.

Aubrey Sarvis

Aubrey Sarvis is an Army veteran and retired senate and corporate lawyer. He served as a senior Senate and House staffer, and Director of  Servicemembers Legal Defense Network (SLDN).