Labor choice drops out

WASHINGTON -- Andrew Puzder, President Donald Trump's choice to serve as the next labor secretary, withdrew his nomination Wednesday as resistance grew from Republicans and Democrats in the Senate.

"After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary of Labor," Puzder said in a statement. "I am honored to have been considered by President Donald Trump to lead the Department of Labor and put America's workers and businesses back on a path to sustainable prosperity."

He continued: "I want [to] thank President Trump for his nomination. I also thank my family and my many supporters -- employees, businesses, friends and people who have voiced their praise and hopeful optimism for the policies and new thinking I would have brought to America as Secretary of Labor. While I won't be serving in the administration, I fully support the President and his highly qualified team."

White House spokesman Sean Spicer declined to comment on possible replacements, but said late Wednesday that the White House had seen the writing on the wall.

[PRESIDENT TRUMP: Timeline, appointments, executive orders + guide to actions in first 100 days]

"We know how to count," he said.

In the hours leading up to Puzder's withdrawal, 12 Republican senators "at a minimum" were withholding support, according to one GOP senator, who asked for anonymity to avoid political retribution. Majority Leader Mitch McConnell, R-Ky., had told the White House that Puzder lacked the votes needed to win confirmation, according to a senior Senate aide.

[EMAIL UPDATES: Get free breaking news alerts, daily newsletters with top headlines delivered to your inbox]

Sen. Lamar Alexander, R-Tenn., who as chairman of the Health, Education, Labor and Pensions Committee would have led the hearing, said Puzder had the experience and ability to serve as labor secretary. "I respect his decision. He understands the difficulties American workers face in a rapidly changing workforce, and I look forward to continuing to hear his insights."

Democrats cheered the news, celebrating that they had finally helped pressure Republicans to withdraw support for a Trump nominee.

Sen. Tom Cotton, R-Ark., supported Puzder's decision to step aside.

"I respect Andy Puzder and his defense of the free market system as well as, in particular, the franchise model which has helped provide so many jobs to so many Arkansans. But given the controversy around his nomination with some of the personal issues he's faced as well as some of his past statements about American workers and our immigration system, it seemed like it was the prudent step for him to withdraw his nomination," Cotton said in an interview Wednesday afternoon. "I wish him the very best. He's accomplished a lot with his life and I'm sure he'll have much more ahead of him, too."

Senate Minority Leader Charles Schumer, D-N.Y., said the withdrawal "is a victory for the American worker. Puzder should never have even been nominated to lead the Labor Department, and Senate Republicans clearly recognized this, too." He called on Trump to nominate someone who "champions workers' rights rather than suppresses them."

Puzder, a restaurant executive and Trump campaign supporter, had attracted widespread criticism regarding his business record and personal background.

Some Republican senators initially said they were withholding support until they could see how the political novice fared at his confirmation hearing, which was scheduled for this morning. But it became clear to Republican Senate leaders Wednesday that they did not have the votes to confirm him.

Puzder, the chief executive of CKE Restaurants, which owns the Hardee's fast-food chain, was set to appear before the Health, Education, Labor and Pensions Committee for a long-delayed hearing during a protracted review of his vast personal wealth, details of a rancorous divorce more than 25 years ago and revelations that his family once employed an illegal alien as a housekeeper.

GOP holdouts

Before Puzder withdrew, Republicans were showing a notable level of skepticism about one of Trump's last Cabinet nominees to proceed through Senate confirmation.

"He's got an awful lot of people who speak highly of him, but all these nominees have a process that they have to go through where they've got to respond to the questions people have on their backgrounds and their records, and I want to have that opportunity," said Sen. John Thune of South Dakota, the third-ranking Senate Republican, who was among those withholding support.

In addition to Thune, Republican Sens. Rob Portman of Ohio, Thom Tillis of North Carolina, Susan Collins of Maine, Johnny Isakson of Georgia, Lisa Murkowski of Alaska and Tim Scott of South Carolina said this week that they were on the fence regarding Puzder. Collins, Isakson, Murkowski and Scott sit on the Health, Education, Labor and Pensions Committee while the others do not.

Collins and Murkowski also voted against Betsy DeVos, Trump's education secretary.

In that opposition, Puzder's allies had been preparing for an aggressive campaign to boost his chances. Restaurant groups especially had been intensifying attempts to persuade skeptical senators.

The National Restaurant Association arranged for 10 senators, including Isakson and Scott, to meet Wednesday with a group of CKE employees who the association says enjoy working for Puzder's restaurants.

"It is extremely unfortunate that the confirmation process has resulted in a qualified and dedicated man withdrawing from the labor secretary nomination," said Cicely Simpson, executive vice president of the National Restaurant Association. "Andy Puzder would have made a great labor secretary. We hope that President Trump's next labor secretary nominee, like Andy, has experience creating jobs and a deep understanding how to get business and government to work together to grow the economy."

As a restaurant executive, Puzder has spent much of his career speaking out against wage and labor regulations. The former commercial trial lawyer has been a staunch opponent of rules finalized by the Labor Department last year and since put on hold that would have expanded the number of people eligible for overtime pay. He also has been critical of substantially increasing the minimum wage, arguing that it could push companies to cut jobs and encourage businesses to invest more money in automation.

Puzder would have been the first labor secretary since the Ronald Reagan era to take the job without some public-service experience. He made a minor foray into politics in 2011, when he served as an economic adviser and spokesman for Republican presidential candidate Mitt Romney, who had endorsed his nomination.

In 2016, Puzder was an avid Trump supporter. In addition to serving as an economic adviser to his campaign, he and his wife, Deanna Puzder, contributed $332,000 to Trump's bid, joint fundraising committees and to the Republican National Committee, according to the Federal Election Commission.

budget nominee advances

Meanwhile, Trump's choice to run the White House budget office cleared a Senate hurdle Wednesday, though a senior Republican says he won't support him.

Rep. Mick Mulvaney is a tea party lawmaker from South Carolina who has attracted opposition from Armed Services Committee Chairman John McCain, R-Ariz. McCain has said Mulvaney's record of support for military operations in Afghanistan and the Pentagon budget generally is too soft.

"Congressman Mulvaney's beliefs, as revealed by his poor record on defense spending, are fundamentally at odds with President Trump's commitment to rebuild our military," McCain said in a speech on the Senate floor. "And this record cannot be ignored in light of the significant authority exercised by the director of [the Office of Management and Budget] over the federal budget."

The Senate voted 52-48 along party lines to advance Mulvaney to a final, up-or-down vote today, where the outcome is in greater doubt. McCain voted to advance Mulvaney to a final vote while making his opposition clear.

Delays in processing Mulvaney's nomination appear to be contributing to a lag in producing Trump's much-awaited budget plan for the fiscal year that begins Oct. 1. Trump's plans are unknown, but Mulvaney and a top aide bring conservative credentials to their posts.

Information for this article was contributed by Ed O'Keefe, Jonnelle Marte, Paul Kane and Ashley Parker of The Washington Post; by Andrew Taylor of The Associated Press; and by Frank E. Lockwood of the Arkansas Democrat-Gazette.

A Section on 02/16/2017