Bush could sack consumer safety chief

Democrats argued that Gall too often favored business over consumers

From Kelly Wallace and Dana Bash
CNN Washington Bureau

WASHINGTON (CNN) -- President Bush could legally remove the head of the Consumer Product Safety Commission after his nominee to lead the agency hit a Senate roadblock, White House aides said Friday.

The Senate Commerce Committee voted Thursday to reject Bush's pick as chairman of the agency, Mary Sheila Gall, on a 12-11 party line vote. But senior White House aides would not say whether Bush is considering dismissing the current chairman, Ann Brown.

The Senate vote on Gall was the first outright rejection of a Bush nominee. Critics said Gall, who has served on the product safety council since 1991, too often favored business over consumers.

White House press secretary Ari Fleischer told CNN that White House lawyers have determined the president could strip Brown of her chairmanship, but Brown would remain on the three-member panel.

If Bush were to remove Brown, commission Vice Chairman Thomas Moore would become acting chairman, said White House spokeswoman Ann Womack. Moore, a Democrat, was appointed by President Clinton and supported Gall's nomination to become the next head of the agency, Womack said.

Whether that would happen is another matter. "We do not speculate about personnel matters," Womack said. "We will keep you advised of any changes."

Senate Minority Leader Trent Lott, R-Mississippi, accused Democrats of trying to keep Brown on as chairman.

"This is really about personalities and Democrats wanting to keep ... Ann Brown in that position," Lott told CNN. "And, I don't think that's going to happen. I think she's going to be removed as chairman."

Lott suggested Bush could make the move by using his recess appointment powers to place Gall in the position while lawmakers are away for their August break. Fleischer said he has not heard any talk of a recess appointment.

The Democrats who opposed Gall's nomination -- led by Sen. Hillary Rodham Clinton, D-New York -- pointed to her resistance to new rules for a variety of baby products, including baby bath seats, baby walkers and bunk beds.

The White House and Republicans criticized Democrats for carrying out a "purely partisan" vote, charging that some of the same Democrats who voted against Gall supported her when Clinton renominated her to the commission in 1999.

They said Gall acted responsibly and backed government intervention when the facts supported such action.

Democrats contended the only reason Gall was renominated by Clinton and confirmed by the Senate at that time was because Republicans said she was a "package deal" if Democrats wanted Brown reconfirmed as commission chairman.

Gall was first named to the commission by Bush's father in 1991.

A senior GOP leadership aide said Thursday Republicans would spend the August recess trying to figure out how to bring the Gall nomination to the Senate floor.

The Commerce Committee, by the same 12-11 party line margin, rejected a motion Thursday to send the nomination to the floor for a vote. Other lawmakers said the nomination is dead.