Labor Secretary nominee Julie Su was reluctant to testify before Congress. Here’s why she did

Julie Su, her nomination as Labor secretary stuck in a reluctant Senate, testified before a Republican-led House committee last week only after being threatened with a subpoena that would have forced her to attend.

Such appearances are usually routine. Top cabinet officials are expected to testify before congressional committees in the spring and summer about their agency’s work and budget needs for the coming fiscal year.

Su’s situation is anything but routine. President Joe Biden nominated her as labor secretary on February 28, but her confirmation has stalled as at least three Senate Democrats remain undecided. Among the concerns are Su’s stewardship of California’s chaotic unemployment insurance system as COVID triggered a brief economic collapse in 2020.

The White House is working behind the scenes to salvage the nomination. Each night senior officials gather in a “war room” phone call to discuss progress and strategy. The White House declined to comment on Su and the committee.

Su’s team at Labor told The Bee she has always been willing to testify.

“Acting Secretary Su had long been interested in joining last week’s hearing before the House committee. It’s just one of the ways that she continues to show up on the job amidst her confirmation,” said a statement from a Labor Department spokesman who asked not to be named. He said he had been authorized to send the statement only without his name.

Su’s appearance was originally was scheduled for last Wednesday. On the Friday evening before the hearing, three days after the committee sent out official notification that she would testify, Su tried to postpone, according to an email exchange between the Labor officials and committee staff that was reviewed by The Bee.

House Education & the Workforce Committee Chairwoman Virginia Foxx, R-North Carolina, reacted within three hours.

Show up or I’ll issue a subpoena to compel your appearance, she directed her team to convey in an email to Su’s team. The next day, Su agreed to appear as scheduled.

Foxx has been a scathing Su critic for years, charging Su with being too eager to impose unnecessary regulations while not adequately helping workers and businesses. The Wednesday session was predictably rough for Su, the department’s deputy since 2021 and current acting secretary.

Republicans asked about a variety of controversial topics, as they tried to raise more doubts about Su’s ability to run the U.S. Labor Department.

Su needs 51 votes for confirmation. Vice President Kamala Harris would break a 50-50 tie. All 49 Republicans are likely to oppose Su.

Republicans and many corporate interests have waged an aggressive campaign to defeat her, claiming that she too often sympathizes with workers. They also question her stewardship of California’s unemployment insurance program during the COVID pandemic, when the system was hit with billions of dollars in fraudulent claims.

Su and the testimony

Su’s troubles with the House committee began in mid-March, shortly after Secretary Marty Walsh stepped down. Su was named acting secretary.

It was immediately clear Su would face tough scrutiny from Republicans. On April 6, Foxx joined Speaker Kevin McCarthy, R-Bakersfield, Rep. Kevin Kiley, R-Rocklin, and other Republicans in a letter to Biden outlining why Su was unfit to be secretary.

“We will closely monitor her tenure as Acting Secretary of Labor, and we will strongly oppose her confirmation by the Senate,” they pledged.

On April 18, Foxx sent Su a letter requesting an appearance ”to review DOL’s previous and ongoing work and to evaluate your performance as a leader of the agency.” Ten days later, Foxx made a House floor speech citing her “long track record of incompetence.”

Committee staff invited Su to testify in May but her team said she was not available. They requested June 7 and confirmed that the date worked for a hearing.

On May 31, the committee sent out an official notice and took care of the paperwork needed for the hearing.

On Friday night, June 2, Su’s team sent the committee an email at 6:22 p.m. saying Su could not make the June 7 hearing, giving no reason why. Her team suggested four dates in mid-July as alternatives.

“Her scheduling team asked if there might be a more convenient date for all parties due to a handful of reasons, but when the chairwoman’s staff made clear that that was not an option, the hearing date was confirmed,” said the Labor Department spokesman.

Foxx anticipated such a move and had prepared a subpoena in advance. Around 9:15 that night she directed her staff to inform Su that if she did not appear on June 7 voluntarily, Foxx would compel her to show up by issuing a subpoena.

Such subpoenas for top officials testifying in oversight hearings are rare.

Nearly 24 hours later, Su’s team said she would appear.

GOP gets tough with Su

At the hearing, Foxx pressed Su hard. The chairwoman began the session Wednesday by telling her, “You attempted to cancel your appearance at the last minute and are here today only because my threat to issue a subpoena caused you to reconsider appearing.”

Foxx went on to criticize Su’s responses to requests for information. “Will you commit to providing fully responsive answers to the committee’s requests, yes or no?” the chairwoman asked.

Su responded graciously. “Thank you so much, Chairwoman Foxx. I am very happy to be here to testify. I understand that our teams worked together to find the date.”

Foxx grew impatient with Su’s pleasant but hedged replies.

“Miss Su, I just need a yes or no answer and I appreciate your being here and you don’t have to say thank you very much for the question. That just takes up time.”

Su remained calm. “I appreciate that. Chairwoman Foxx, I want to say that I take the oversight role of this committee and of Congress very seriously,” she said.

“Then you’ll be saying yes to my question, yes you will answer our requests completely Is that right?” Foxx persisted.

“Chairwoman Foxx, my team understands that it is our job and it is my request that we respond to oversight requests and work with your team….” Su said.

Foxx cut her off. “Do you understand that failure to provide complete responses can result in the committee taking compulsory measures,” she warned.

This time Su was concise. “Yes,” she said.

“Goooood,” said Foxx, stretching out the word. “You know that word.”

The hearing ping-ponged between Republicans raising accusations about Su’s policies and performance and Democrats praising her championing of worker rights and helping create the job boom that’s occurred during the Biden presidency.

Afterwards, critics were all over Twitter with fresh material to use against Su. Video of the Foxx-Su exchange was posted, and Kiley and others blogged about the hearing.

“Yesterday’s hearing was unreal. Biden’s Labor nominee, Julie Su, was the most evasive witness I’ve ever seen,” Kiley wrote.