WASHINGTON — Sen. Ted Cruz, R-Texas, on Thursday urged President Joe Biden to abandon his pick to lead the Federal Aviation Administration, saying Denver International Airport CEO Phillip Washington isn’t qualified for the job and is legally barred from holding the post because of his military background.
The agency at the heart of U.S. air safety has come under intense scrutiny after a system failure resulted in a nationwide ground stop. It also has seen several terrifyingly close calls in which planes nearly collided, including a near miss between Southwest Airlines and FedEx jets last month at Austin-Bergstrom International Airport.
Washington would make history as the first Black American confirmed to the position and supporters say he would be well positioned to improve the FAA. They cite his experience running major transportation agencies in Denver and Los Angeles County before taking the top job at the Denver airport in 2021.
They also tout his years of distinguished service in the U.S. Army, where he attained the rank of command sergeant major.
“The U.S. Army taught Mr. Washington how to get things done and get them done right,” said Sen. Maria Cantwell, D-Wash., chair of the Senate Commerce Committee, which oversees the FAA.
But opponents such as Cruz, the top Republican on the Commerce Committee, cite that same military service as a reason why he’s prohibited from getting the job, absent a waiver they aren’t willing to provide.
Cruz joined House Transportation Committee chairman Rep. Sam Graves, R-Mo., on Thursday in writing a letter to Biden invoking a requirement the FAA administrator be a “civilian.”
They say Congress has interpreted that language with “exceptional rigidity” in the past, requiring waivers of even retired military personnel such as Washington.
They rejected the position taken by the White House and top Senate Democrats that Washington meets the requirements because he has served in civilian roles for decades.
“It would not matter if Mr. Washington had served in civilian roles for 50 years — given his status on the Army’s retired list, he would still not be considered a civilian for the purpose of the law,” they wrote.
Republicans object to Washington’s lack of direct aviation experience that contrasts with others who have run the agency, including current acting administrator Billy Nolen, a former American Airlines pilot.
Cruz sought to trip up Washington during his confirmation hearing on Wednesday by posing a series of technical questions about “angle of attack sensors” on airplanes.
Washington seemed to be passing the pop quiz as he described the nature and purpose of those sensors. He answered a question about two sensors producing different readings by saying “human reaction needs to take over” at that point.
Cruz asked why that didn’t happen in two catastrophic Boeing 737 Max crashes.
“I’m not a pilot,” Washington said. “I don’t know if I can answer that particular question.”
Cruz said that answer illustrates the fundamental problem with the nomination.
Republican critiques of Washington also fit with their broader line of attack that the Biden administration has focused its transportation policies on left-leaning social policies to the detriment of public safety.
“It gives no comfort to the flying public that their pilot might be a transgendered witch, but doesn’t actually know how to prevent the plane from crashing into the ground and killing them,” Cruz said. “I believe your record is woefully lacking. And in fact, you have zero aviation safety experience.”
Washington defended his qualifications during Wednesday’s hearing, making the point that he had earned plaudits for his work as a transportation system boss despite not being a train operator himself.
He also assured lawmakers that safety would be his top priority if he’s confirmed to the position.
In a brief interview Thursday, Cantwell said she hadn’t read the Cruz and Graves letter, but reiterated that Washington requires no waiver to be confirmed.
“You don’t have to have a waiver,” Cantwell said. “It’s not required.”
