Nelson Backs Branscome for Clyburn's FCC Seat, Possibly Without Schumer Sign Off

Clyburn again demurred about her plans in responding to questions from reporters, but she's expected to announce her intention to depart soon (see 1801050041). If not replaced, Clyburn could serve until the current Congress adjourns sine die before she has to leave under her current term. Clyburn has “not spoken” to Nelson's office about “my plans,” the commissioner told reporters after an event (see 1802070037). Even “my parents don't know what my plans are.” It's “very natural and organic for people to talk about succession planning,” Clyburn said. “It would be irresponsible if they did not.” It's "very obvious that my term ended officially” in June, but “I can serve [until] sine die at the end of the year,” she said. “Some things are still clicking.”

“We have a superstar” in Branscome, “who knows this stuff up one side and down the other,” Nelson told reporters: “Traditionally, the staff of [Senate Commerce] has ascended to the FCC,” as happened with current Commissioners Mike O'Rielly and Jessica Rosenworcel. Schumer and his staff apparently don't share that view, as they “have another fellow that they are pursuing, and I don't know what the final result is going to be,” Nelson said. Other candidates who could have Schumer's backing include FCC Enforcement Bureau Assistant Chief Geoffrey Starks; Clint Odom, legislative director for Sen. Kamala Harris, D-Calif., and a former FCC legal adviser; and Joey Wender, an aide to Sen. Ed Markey, D-Mass., communications sector lobbyists said. Schumer's office didn't comment.

Schumer and staff are “not happy” about Nelson's public recommendation of Branscome, whom Schumer reportedly discounted as a viable candidate soon after chatter began last June about Clyburn's potential exit (see 1706140046 and 1707070022), one telecom lobbyist said. Nelson “felt he needed to be forceful” about publicly backing Branscome for an FCC slot, which was a clear bid to put the aide “back into the running,” another lobbyist said. “This was very much a Nelson decision, not something that was staff-driven.” It's “certainly helpful to have [Nelson] in your corner, but the party leader always makes the pick,” the lobbyist said.

Others countered that Nelson likely wouldn't have floated Branscome’s name unless he had worked out a deal with Schumer. “Nelson is not going to pick a fight with Schumer over this,” one lobbyist said. Nelson and Schumer “want a politically adept person” at the FCC, and Branscome's years of experience at Senate Commerce would serve him well, another lobbyist said. One suggested Schumer may choose to reach a deal with Nelson to recommend Branscome since the minority leader got to pick Rebecca Slaughter, his chief counsel, for the open Democratic FTC seat.

Schumer's opposition to Branscome is driven partly by a desire to replace Clyburn with another woman or racial minority, one lobbyist said. Lobbyists also noted Schumer's interest in using the pick to satisfy the most liberal members of the Senate Democratic caucus, including Sens. Bernie Sanders, I-Vt., and Elizabeth Warren, D-Mass. Branscome has a reputation for seeking compromise on telecom policy issues, which “may not play well” to liberal senators, one lobbyist said. He would have no trouble making it through the full Senate because he's “respected on both sides of the aisle” for “knowing all of the policy details,” a Republican lobbyist said.

Branscome doesn’t come across as a bomb thrower, but is known for his Southern charm and is a tough fighter, having been an aide to then-Commissioner Michael Copps and then-Senate Commerce Chairman Jay Rockefeller, D-W.Va., said a Capitol Hill official. Rosenworcel also worked for Copps and Rockefeller before being elevated. “Don't underestimate John Branscome's ability to persevere,” said a former commissioner. “He has the entire package: substance, political acumen, amiable personality and respect on both sides of the aisle. Democratic leadership just needs to understand all of that.”