Senate Democrats press Trump's FTC commissioner nominee over agency independence

Multiple Senate Democrats on the Commerce, Science and Transportation on Tuesday pressed President Trump's Federal Trade Commissioner nominee, Mark Meador, over the independence of the agency amid concerns the White House could seek to influence the agency's enforcement efforts.

Meador, who appeared before the committee for his confirmation hearing, largely maintained he plans to "serve the American people."

"There is a sense of credibility, like, I would imagine you believe, that for FTC, for its rulings to be considered, for it have the kind of resonance with the American people about a sense of fairness, that credibility is critical for the FTC to be able to function," Sen. Andy Kim (D-N.J.) told Meador Tuesday.

"I would believe that for the FTC to make decisions that are potentially going to be controversial around Big Tech, it's important that it be seen as being done from a sense of what's right for the American people and a sense of fairness, rather than something that's political or something that's associated with a political donor or special interest group, is that right?" Kim added.

Meador seemingly agreed in his reply.

"The way I would view my job, if confirmed, is to show up each day working to serve the American people and enforcing the law the way that it has been written," Meador, a partner at an antitrust law firm, responded. "And while I can't speak for the other commissioners, I'm confident that they share that view as well."

The FTC is an independent agency led by five commissioners and focuses on the enforcement of antitrust law and consumer protection. No more than three commissioners can be from the same political party.

With a vacancy due to the departure of former FTC Chair Lina Kahn, the commission has been under a partisan deadlock over the past few weeks. If Meador is confirmed, the Republican commissioners will be back in the majority.

Kim noted the FTC has a "particular structure," that is "bipartisan in nature," subtly hinting at concerns about neutrality from the White House.

The FTC is currently weighing five antirust cases against major leading technology companies, with trials expected to start in the coming months.

Leaders of some of these technology companies met with Trump in the weeks leading up to his inauguration, which many also attended. The moves were slammed by some on the left as a capitulation to Trump in hopes of his administration easing up on their companies.

While Trump has appeared to change his attitude on some of the leaders themselves, he has maintained some criticism of Big Tech, often over what he believes is censorship of conservative ideals.

Sen. Gary Peters (D-Mich.) followed Kim by bringing up the Justice Department's decision last week stating the legal protections afforded to independent regulatory commissions, like the FTC, are unconstitutional.

Part of this precedent, originally established in the Supreme Court decision Humphrey's Executive v. United States, included protections against a president removing members of the independent boards without cause.

When asked by Peters if he agrees with the DOJ decision, Meador sidestepped the question, deferring to the DOJ and White House on "legal positions."

"The FTC is involved in litigation involving this question right now," Meador said, noting it could be "inappropriate" for him to comment on the matter. "What I can speak to are my own intentions. Should I be confirmed, which is to show up each day to enforce the law, to serve the American people without fear of favor with respect to any party."

"I'm still very concerned about what's happening here, and I would hope commissioners understand the importance of independence," Peters added.

Sen. Tammy Duckworth (D-Ill.) later asked Meador if he believes the president should be able to "fire" FTC commissioners.

"Senator, I believe that Americans are concerned about high prices and the cost of living, and that the president is committed to improving their condition," Meador responded. "I believe that's why I was nominated to this position."

"That is good, sucking up to the president," Duckworth quipped. "Do you believe that the president of the United States should be able to fire FTC commissioners at will? It's a simple question, yes or no."

"It is a simple question that is subject to litigation in which the FTC is currently involved. I can't speak to that," Meador responded.

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