The fast track for these appointments came as a surprise to the trade officials on the National Security Council and other trade policy officials. If confirmed, they could tip the balance on the ITC in favor of a 4-2 majority of commissioners who are basically corporate internationalists unsympathetic to complaints of unfair trade practices, or to a 3-3 deadlock. My reporting suggests that this was a deal between the White House, Senate Republican Leader Mitch McConnell, and Finance Committee Chair Ron Wyden
(D-OR), who plans hearings next Wednesday, with buy-in from Senate Democratic Leader Chuck Schumer. Wyden is a corporate free-trader who has often tangled with Biden officials. Biden essentially traded a sweetheart appointment of a Democrat in exchange for a corporate free-trade Republican. This seems less an appointment on the merits than a going-away gift for Nix. (Couldn’t they have given her a gold watch instead?) The Senate rules require three days to elapse between the hearing and the vote, to allow time for a nominee to respond to written questions. That would push the confirmation vote beyond next Friday’s Senate adjournment. But if Wyden could get a majority of his committee to go along, he could waive the rules. In another corner of the trade galaxy, Biden will shortly use his
executive power to block Nippon Steel’s takeover of U.S. Steel, an example of his consistent policy of promoting domestic companies and their workers. This action, which was announced months ago, will not make up for tipping the ITC in the wrong direction—a term majority that could last well into the next two administrations. Most of Trump’s appointments are god-awful. With these dubious Biden appointments, the ITC is the rare case where the national interest would have been better served if the White House had let these vacancies go, to be filled by Trump. The old saw is that it’s best not to look too closely at how the policy sausage is made. In this case, the sausage is putrid.
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