Schmitt withdraws nomination for cabinet post

Harrison Schmitt (Courtesy photo)

Harrison Schmitt has withdrawn his nomination to leads the state’s Energy, Minerals, and Natural Resources Department rather than undergoing a background check required for Senate confirmation.

Gov. Susana Martinez announced Schmitt’s withdrawal this evening in a news release and said she would “work swiftly to find a qualified replacement.”

“Senator Schmitt was willing to allow a private investigator access to his personal information, but he was not willing to waive that investigator’s liability for any improper actions or use of that information,” Martinez said.

“While one can understand Senator Schmitt’s concerns, complying with the Legislature’s request is necessary to restore public confidence in state government,” she said. “That’s why I am requiring all of my cabinet secretary designees to comply with that request, and this has led to Senator Schmitt withdrawing his nomination.”

Martinez said Schmitt underwent “a complete background check by the Department of Public Safety” before she nominated him.

The news release included no comment from Schmitt.

Schmitt’s withdrawal came after Sen. Linda Lopez, D-Albuquerque and chair of the Rules Committee, sent out a news release announcing that she was opposing Schmitt’s confirmation because he informed her that he would not submit to the background check.

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The Senate started conducting background checks on executive-branch appointees in 2007 to help combat ethical problems in state government. The background check, according to Lopez, is “an extensive review that includes a search for any prior criminal convictions and of the federal civil court records; verification of appointees’ assertions related to financial circumstances or improprieties such as bankruptcies, tax liens, and outstanding loans; and a review of disclosure statements related to potential conflicts of interest and ownership in business entities.”

“The review process is in place to protect the public and to provide the citizens of our state with an increased sense of confidence in their government,” she said. “As such, there can be no exceptions to the background review process.”

Democrats hammer Martinez

Democrats were quick to hammer Martinez, saying in a news release that Schmitt’s withdrawal is one of a series of recent missteps.

“From Harrison Schmitt refusing to submit to a basic background check and withdrawing his nomination to the increasing criticism of her handling of a gas crisis that left thousands of people in the cold, New Mexicans are starting to wonder just what kind of leadership they’re getting with this new governor,” Democratic Party of New Mexico Chairman Javier Gonzales said.

From the Democrats’ release:

“In addition, Martinez just last week announced an education reform team that included no New Mexicans, but plenty of Bush appointees and No Child Left Behind devotees. And, she has yet to even scratch the surface of New Mexico’s most pressing issue – jobs – and has not put forward one bill supporting job creation or workforce training.”

“Tough times and crises are supposed to bring out the best in our leaders,” Gonzales said. “But in these early tests, New Mexicans have to be wondering about our new governor’s judgment and leadership.”

Update, 9:10 p.m.

Here’s a statement from Conservation Voters New Mexico’s Sandy Buffett:

“With the Schmitt saga behind us and the natural gas debacle subsiding, we hope that Governor Martinez will take this opportunity to appoint an energy secretary who can lead New Mexico into a clean, renewable energy future. Above all, the first criteria for her next appointee must be that she or he respect the scientific consensus around climate change.”

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