Charleston Leader

U.S. Senator Shelley Moore Capito and U.S. Rep. Cathy McMorris Rodgers have raised concerns over President Biden's intention to replace outgoing climate czar John Kerry with John Podesta without Senate confirmation. In a letter addressed to President Biden, the lawmakers expressed their apprehension regarding the potential circumvention of Senate oversight in the appointment process.

“Reports indicate John Podesta, who currently serves as a senior advisor to the President, will replace him as your primary envoy for international climate policy. However, in replacing Mr. Kerry, Mr. Podesta will serve under the title of Senior Advisor to the President for International Climate Policy. This appears to be a blatant attempt to sidestep congressional oversight and install Mr. Podesta in a position that under federal law requires the advice and consent of the United States Senate. We are alarmed at your apparent decision to circumvent the law,” Capito and McMorris Rodgers wrote to Biden.

The lawmakers further criticized the administration for what they perceive as a trend of creating new positions that evade Senate confirmation and lack clear statutory missions and constraints. They emphasized the importance of upholding the separation of powers and respecting congressional authority under both the Constitution and federal law.

“This appointment is another example of your administration’s practice of creating new offices that do not require Senate confirmation or that do not have explicit statutory missions and constraints. By placing considerable policy authority with these individuals, you demonstrate a flagrant disregard for the separation of powers and congressional authority under both the Constitution and federal law,” they continued.

The concerns raised by Capito and McMorris Rodgers stem from the establishment of the Cabinet-level position of Special Presidential Envoy for Climate (SPEC) for John Kerry at the beginning of President Biden's tenure. While this position allowed Kerry to operate without Senate confirmation, recent legislation has mandated that similar roles be subject to Senate confirmation.

As Senior Advisor to the President for International Climate Policy, John Podesta is expected to assume the responsibilities previously held by Kerry in representing the United States in international climate negotiations. The lawmakers argue that Podesta's position bears significant resemblance to the SPEC office, thereby warranting Senate confirmation.

In light of these considerations, Capito and McMorris Rodgers urge President Biden to adhere to the statutory requirement for Senate confirmation in appointing Mr. Podesta to the role. The full letter outlining their concerns has been made available for public reference.