[Congressional Record Volume 169, Number 39 (Wednesday, March 1, 2023)]
[Senate]
[Pages S542-S543]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Nominations
Mr. THUNE. Mr. President, in his State of the Union Address last
month, the President expressed an encouraging desire for
bipartisanship. But I said, at the time, that I hoped his words would
be matched by his actions. After all, the President spoke about being a
President for all Americans in his inaugural address. But his first 2
years in office were not exactly distinguished by bipartisanship.
So while I was encouraged by the President's words in his State of
the Union Address, as I said, I am looking for them to be matched by
his actions, and renominating a slew of extreme nominees, as the
President has done so far this year, is no way to start.
So far this year, the President has renominated at least 16
individuals who were unable to get any bipartisan support in the last
Congress. They include an individual with serious unanswered questions
about his possible role in a movement to push out senior career
officials at the Consumer Financial Protection Bureau in favor of Biden
loyalists, multiple individuals aligned with Democrats' radical Green
New Deal agenda, a nominee who has repeatedly embraced anti-police
rhetoric, multiple abortion extremists, a leftist litigator who has
called the U.S. Senate and the electoral college anti-democratic
institutions and who has admitted that he is motivated by his hatred of
conservatives, and the list goes on.
And then, of course, there is the nominee who recently appeared in
front of the Senate Commerce Committee for the third time: Gigi Sohn.
This is Ms. Sohn's third nomination to the Federal Communications
Commission during the Biden administration. Her previous two
nominations stalled thanks to her inability to garner any bipartisan
support, and with good reason, because Gigi Sohn has to be the poster
child for terrible Presidential nominees, although I suppose the Biden
judicial nominee who couldn't explain article II of the Constitution
should also be in the running for that title of worst Presidential
nominee.
I have serious policy disagreements with Ms. Sohn on multiple issues.
She not only wants to bring back the heavy-handed internet regulation
of the Obama administration, but she wants to go further and have the
FCC regulate broadband rates and set data caps. This would discourage
broadband investment and threaten U.S. leadership in 5G, as well as
diminish internet access opportunities for Americans outside of major
urban and suburban areas.
As a resident of a rural State, I also have serious concerns about
Ms. Sohn's position on rural broadband. She has been publicly hostile
to the efforts of rural broadband companies to expand reliable internet
access to rural areas, while at the same time she supported the use of
scarce government dollars to overbuild networks in already well-served
areas.
Her hostility to rural broadband led one former Democrat Senator to
ask how Democrats can ``support rural broadband expansion and also
support Gigi Sohn.''
But my concerns with Ms. Sohn don't end there. I not only have
serious policy disagreements with Ms. Sohn. I have serious questions
about her character and fitness for the office for which she is
nominated.
The Federal Communications Commission has jurisdiction over radio,
TV, and the internet, which means that it deals with a number of
sensitive issues--notably, free speech issues. And, for that reason, it
calls for Commissioners who are thoughtful, fair, and impartial.
Ms. Sohn is none of these. She is a virulent and unapologetic
partisan known for speaking disparagingly of conservative media
outlets--the same outlets, I would add, that she would be regulating--
and the politicians who disagree with her.
Her nomination is opposed by a wide range of organizations, including
the left-of-center Progressive Policy Institute, which opposes her due
to a ``pattern of illiberal intolerance for voices on the left who
dissent from her hard left orthodoxies.''
Ms. Sohn is the very opposite of fair and impartial, and I can think
of few
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candidates who would be more detrimental to the fair and impartial
adjudication of media issues and the protection of free speech on
public airwaves.
But the problems with her nomination don't even end there. Ms. Sohn
has raised serious ethics questions recently with her political
donations to several Democrat Senators at the same time that her
nomination was before the U.S. Senate.
One of those donations was actually given to a member of the Commerce
Committee, which, of course, is the committee considering her
nomination.
Ms. Sohn may not have intended to influence Senators considering her
nomination, but, at the very least, her decision to donate to these
Senators while her nomination is before Congress gives the appearance
of impropriety and raises serious questions about her judgment.
But her ethical issues don't end there.
She was less than forthcoming with the Commerce Committee about her
time on the board of a company that was found to be operating in
violation of copyright laws.
And questions remain about how she got the substantial settlement
against her company drastically reduced.
Ms. Sohn has volunteered to recuse herself, if she is confirmed, on a
variety of issues related to broadcasting and copyright violations
because of her involvement with this company and the settlement.
But I am hard-pressed to understand why we would choose a
Commissioner who would have to recuse herself from participating in
substantial parts of the FCC's work.
Unfortunately, there is a lot more I could say about the problems
with Ms. Sohn's nomination, but I will stop here.
Suffice it to say that I cannot think of a less appropriate candidate
for this position.
Instead of continuing to attempt to place a virulent partisan like
Ms. Sohn at the FCC, the President should nominate a qualified
candidate who will do his or her job in a fair and impartial manner.
And as I said at the beginning, if the President truly wants to usher
in an era of bipartisanship in this period of divided government, he
could start by rethinking some of the highly partisan renominations he
has made in this Congress and consider nominating individuals who are
able to gain at least some bipartisan support.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Warnock). The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. MANCHIN. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.