ABQJOURNAL OPINION/GUEST_COLUMNS: Rule Changes Forced Schmitt's Withdrawal

Sunday, February 13, 2011

Rule Changes Forced Schmitt's Withdrawal

By Harvey E. Yates, Jr.
Former Chairman, Republican Party of New Mexico
          Friday's Journal carried the headline: "Schmitt Withdraws Cabinet Nomination." I believe the following includes important history related to Schmitt's withdrawal.
        Formerly, the Senate Rules Committee relied on the Department of Public Safety for pre-confirmation background checks on nominees for Cabinet positions. Yet, on one or more of his nominees, former Gov. Bill Richardson denied that committee access to information derived by the DPS. Consequently, the committee began contracting with an independent investigator for the background checks.
        If the DPS or another government agency does the background work and uses it improperly, the government would be subject to possible liability to the nominee. As to the Rules Committee's private investigator doing the work instead, the Journal reported that Gov. Susana Martinez said that Schmitt, "was willing to allow a private investigator access to his personal information, but he was not willing to waive that investigator's liability for any improper actions or use of that information." Further, the governor offered the committee Schmitt's DPS background check. This was refused.
        Chairwoman of the committee, Democratic Sen. Linda Lopez, defended the committee's demand that a nominee sign a waiver releasing the private investigator from possible future liability by saying that no previous appointee has refused to do so. It would seem that Lopez walks through the airport scanner because others do. However, this "lemming" defense does not play well when it stands counter to a nominee's right to expect reasonable privacy and respect in the nomination process.
        We should further note that if a senator is under investigation by the Senate Ethics Committee for an ethical breach, he or she can expect the following protection provided by Senate rules:
        "(3) no member of the committee or subcommittee or staff member of, or person under contract to, the committee may knowingly disclose any confidential information acquired in the course of official duties except the committee is authorized to disclose any information made public pursuant to the public hearing process."
        I believe Lopez needs to explain why a nominee need waive an "investigator's liability for any improper action or use of that information." Further, I believe she needs to explain why a gubernatorial appointee should be given less protection than is available to a senator who is under investigation for ethics violations.
        The nomination of Harrison Schmitt should have proceeded. He would have been a good Energy Secretary. It is ironic that a policy instituted because of the bad acts of the former governor has been used to defeat the nomination of a person who stands head and shoulder above all, or virtually all, of Richardson's appointees.
        It should be added that, because of his government clearances, Schmitt goes through periodic Air Force background checks. And, we wonder why good people flee government service in New Mexico!
        Additionally, the withdrawal of Schmitt's nomination takes away the possibility of great entertainment. Would it not have been interesting to see whether that font of liberal virtue, the ACLU, would have defended the rights of a Republican to reasonable privacy? Further, had the nomination proceeded, we would have been able to listen to Senate "progressives" explain to the residents of Bernalillo, Española and Tularosa that Schmitt's nomination should be defeated because, contrary to Schmitt's view, global warming is real.
        Too bad! We lose by Schmitt's withdrawal.

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