[Congressional Record Volume 170, Number 150 (Wednesday, September 25, 2024)]
[Senate]
[Pages S6397-S6398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



             Unanimous Consent Request--Executive Calendar

  Mr. CARPER. Mr. President, the Office of Government Ethics is an 
Agency that independently works to oversee the executive branch's 
ethics program. The Director serves a term of 5 years in this instance, 
leading work that prevents financial conflicts of interest and ensures 
that the executive branch, regardless of political party, holds itself 
to the highest ethical standards.
  Our Nation has been without a Senate-confirmed Director to this 
critical Agency for more than a year. I will say that again: more than 
a year. But, fortunately, we have a highly qualified nominee for this 
post, one who has received support from both Democrat and Republican 
Senators, including Senators on the Senate Committee on Homeland 
Security and Governmental Affairs, which I used to chair.
  Since 2016, David Huitema has served as the Assistant Legal Adviser 
for Ethics and Financial Disclosure at the Department of State. In this 
role, he has the responsibility of managing the Department's ethics 
program. Previously, he served as an attorney-adviser at the Department 
of State, worked in private practice for several years, and completed a 
clerkship at the U.S. Court of Appeals for the 11th Circuit.
  Mr. Huitema has a deep and thorough knowledge of the law and of 
ethics compliance in addition to his range of experience at the State 
Department and in private practice. I have no doubt that his skills and 
his experience will enable him to effectively lead the Office of 
Government Ethics.
  Mr. President, I ask unanimous consent that the Senate consider the 
following nomination: Calendar No. 620, David Huitema, of Maryland, to 
be Director of the Office of Government Ethics for a term of five 
years; that the Senate vote on the nomination without intervening 
action or debate; that, if confirmed, the motion to reconsider be 
considered made and laid upon the table and the President be 
immediately notified of the Senate's action.
  The PRESIDING OFFICER. Is there objection?
  The Senator from Utah.
  Mr. LEE. Mr. President, reserving the right to object, directing the 
Office of Government Ethics is an important position due to the 
Office's role in aiding the President with the nominations process and 
assistance to the Senate in evaluating potential conflicts of interest 
for Presidential nominations.
  This point was, of course, made clear in Mr. Huitema's HSGAC hearing, 
as he testified to the committee that nominee vetting would be not just 
a priority but priority one for the Office of Government Ethics and 
would dominate the next year, meaning the year that is about to arrive.
  Given the fact that this position serves, once confirmed, for a 5-
year term, it is also important for us to remember that we are now just 
a few weeks away from a Presidential election, a Presidential election 
that will determine who will serve as President of the United States 
for the next 4 years. So in light of that, we should wait to see who is 
elected before confirming this person to a 5-year term.
  It is concerning to me that during his hearing before the Homeland 
Security and Governmental Affairs Committee, Mr. Huitema left open the 
possibility of supporting a partisan policy, a partisan approach, from 
a nonpartisan position, one that can be used as a means of further 
weaponizing our government against officials who might be appointed, 
should President Trump win, in a Republican administration. Individuals 
responsible with directing the Office of Government Ethics must not 
engage, promote, or tolerate partisan lawfare.
  Particularly in the midst of unprecedented lawfare and political 
weaponization of the U.S. Government against Donald Trump by the Biden-
Harris administration, I have got grave

[[Page S6398]]

concerns that have led me to oppose their partisan nominees and 
policies considered in this Chamber, particularly between now and the 
election. The Biden-Harris administration forfeited that courtesy when 
they decided that they wanted to govern more like a banana republic 
than the United States of America.
  Now, after these two assassination attempts that we have seen so far 
on Donald Trump, continued lawfare by Democrats at both State and 
national levels and unacceptable rhetoric from Vice President Harris, 
who has brought foreign leaders to campaign for her in a key 
battleground State, it is clear that they have changed their tune. And 
so I am not going to change my tune.
  We have to remember that the President of the United States, at any 
given moment, for constitutional purposes, is the executive branch, is 
the living embodiment of the executive branch. This is an office that 
really ought to be filled at least with Members being allowed to take 
into account the outcome of a coming Presidential election. With that 
Presidential election just weeks away, there is no reason this has to 
be done today. In fact, there are very, very good reasons for us not to 
do it today.
  Let's take this up after the Presidential election. That is the 
appropriate time to raise this. If Mr. Huitema is willing to further 
clarify his position and the next sitting President appoints him to 
fill the position, I am happy to revisit this question. Until then, I 
object.
  The PRESIDING OFFICER. The objection is heard.
  The Senator from Michigan.