Cruz to Hold Bedoya Nomination Over ‘Activist’ Tweets

Sen. Ted Cruz, R-Texas, will place a hold on Alvaro Bedoya’s FTC nomination, Cruz told us Wednesday, citing the nominee's Twitter activity linking the Trump administration to white supremacy. Sen. Dan Sullivan, R-Alaska, is also “contemplating" a hold over a Bedoya retweet describing Trump supporters as white supremacists.

A hold means the Senate can’t confirm Bedoya by unanimous consent. It’s a procedural step that could delay confirmation because it would be subject to floor debate. Sullivan delayed the 2018 reconfirmation of FCC Commissioner Brendan Carr through a hold (see 1809120056).

While questioning Bedoya at Wednesday’s hearing, Cruz cited the nominee’s retweets on critical race theory, a 2018 tweet suggesting former President Donald Trump is a white supremacist, a retweet about a white supremacist administration and a tweet calling Immigration and Customs Enforcement an “out-of-control domestic surveillance agency that peers into all our lives.”

“His record is manifestly not suitable for a federal law enforcement role,” Cruz told us. “He has been a partisan activist and a radical, and that record is inconsistent with the responsibilities of being a commissioner on the FTC.”

Sullivan drew attention to a retweet calling the 2016 Republican National Convention “a white supremacist rally.” The tweets “are very problematic,” he told us. Bedoya “seems much more interested in ICE and immigration issues than FTC issues. I’m wondering about his expertise. Five years he’s been tweeting about ICE, and I’m sure he’s had some very disparaging comments about them.” Sullivan said he’s “contemplating” a hold.

They have a right to put a hold on the nominee until they get “a satisfactory answer,” Sen. Shelley Moore Capito, R-W.Va., told us. “I don’t think the answer [today] was very satisfactory.” Nominees post on social media and then they have “amnesia” before the committee, she said: “I think what it is is a life lesson. You’ve got to be careful what you’re doing on social media.” She hasn’t decided her position on Bedoya.

It’s not appropriate to call the entire convention “a white supremacist rally,” Bedoya told Sullivan during the hearing. “I do apologize for that.” He noted he doesn’t believe all Trump supporters are white supremacists. “They’re part of my family. I love them,” he said. He noted Trump’s travel ban affected his family and is the reason his daughter has never met her great-grandmother.

The Biden administration has nominated radicals, and Bedoya “falls firmly” into that category, said Cruz, calling him a “bomb thrower” and an “extremist.” Bedoya noted he has also criticized the current administration for its immigration policies and practices. “If confirmed, I can and will work across the aisle, set aside my politics, to help your constituents and those across the country,” said Bedoya.

Many college professors “say things in their professional career that they get questioned about,” said Senate Commerce Committee Chair Maria Cantwell, D-Wash. She defended Bedoya’s right to express himself: Concerning his “commitment to serve on the FTC and work in a bipartisan basis, I take your comments wholeheartedly and hope that is what you’re able to achieve.”

Sen. Mike Lee, R-Utah, expressed frustration over Bedoya’s unwillingness to answer a few yes or no questions about enforcement and agency policies, though he answered most of his questions. During Lee’s questioning, Bedoya committed to enforcing the consumer welfare standard, agreed the agency should use FTC Act Section 5 rulemaking for unfair methods of competition and agreed enforcement should be prioritized over rulemaking activity. Responding to Lee’s question about former Commissioner Rohit Chopra registering proxy votes, or “zombie” votes, on current agency proceedings, Bedoya said he would like to read into the issue and get back to him. Lee said he should have gotten “yes or no” answers, and “that’s deeply concerning.”

Sen. Kyrsten Sinema, D-Ariz., asked if Bedoya supports an FTC privacy rulemaking. Bedoya said he supports a rulemaking on unfair and deceptive practices. It’s preferable for Congress to pass a privacy law, but if not, constituents should be protected, he said. If the unfair and deceptive practices rulemaking extended to data security, “I would emphatically” work with staff to ensure concerns are addressed, he said.

Bedoya testified virtually because a family member recently tested positive for COVID-19. FTC Chair Lina Khan attended the hearing with Commissioners Rebecca Kelly Slaughter, Noah Phillips and Christine Wilson.