Choice of Gregg would not hurt GOP, McConnell says

Hints balance could remain same in Senate

LEADING THE PACK Administration officials have said Gregg, a N.H. Republican, is the "leading candidate" for the secretary of commerce job.

WASHINGTON - Senator Judd Gregg, the New Hampshire Republican who is the leading candidate to be secretary of commerce, has assured Senate colleagues that he would be replaced by a person aligned with Republicans even though the appointment would be made by the state's Democratic governor, Senate Republican Leader Mitch McConnell said yesterday.

McConnell's statement raised questions about whether some kind of deal has been made regarding Gregg's replacement before President Obama has announced his pick for the commerce job.

In an interview on CBS-TV's "Face the Nation," McConnell said, "Senator Gregg has assured me that if this were to happen - if it were to happen - he would not change the makeup of the Senate. In other words, whoever is appointed to replace him would caucus with Senate Republicans."

That means Gregg's replacement would either be a Republican or an Independent who would agree to be aligned with Republicans.

Under New Hampshire law, the governor has the sole power to appoint a replacement if a senator resigns in mid-term. Governor John Lynch, a Democrat, has a history of independent thinking and previously has picked a Republican to be the state's attorney general.

Administration officials have said Gregg is the "leading candidate" for the commerce job.

No one involved would say yesterday whether Gregg and Lynch, or their associates, had privately come to an understanding about the political affiliation of the person who would replace Gregg. Colin Manning, a Lynch spokesman, said he could not comment because "there has been no formal announcement from the White House. It is something that is between Senator Gregg and the White House."

Gregg had no comment, a spokeswoman said. The Obama administration, asked about McConnell's statement, issued this comment last night: "The president will choose the best person for the job and if it is Senator Gregg, then Governor Lynch will have sole responsibility in choosing his replacement."

Carl Tobias, a University of Richmond School of Law professor who has examined the appointment powers of governors, said he was surprised that McConnell would "imply" that a deal had been made before the nomination was announced by Obama.

Tobias said it was particularly surprising given the controversy that has surrounded Senate appointments by the governors of Illinois and New York. "I don't think there is a question of legality," Tobias said. "The question is, is it appropriate to make those kind of advance commitments. It is a matter of appearance. It is somewhat problematic given what we've seen recently. It is troubling, I think, to have people saying that before any appointments have been made."

Tobias said he had thought the recent controversies over appointments would make governors skittish about any action that would raise questions.

Rod Blagojevich of Illinois was ousted from office after an impeachment trial focused on allegations that he wanted something in exchange for making a Senate appointment - charges that he denied. Governor David Patterson of New York was the focus of an unusual campaign by Caroline Kennedy and others for a Senate seat that was widely seen as embarrassing for many of those involved.

Senator Jon Kyl, an Arizona Republican, spoke more cautiously than McConnell when he was asked yesterday on "Fox News Sunday" about the possibility that Gregg would be replaced by a Republican.

"I'm not suggesting a deal at all," Kyl said when asked whether an arrangement had been made with Lynch. "I'm just suggesting that Senator Gregg clearly has thought this through. And if it does turn out that he's the commerce secretary, events may unfold in a way that don't cause us the problem" of Gregg being replaced with a Democrat.

In all four cases in which a governor has had the power to appoint a senator since the November election, the governor has been a Democrat - and has replaced Democrats with Democrats. There are currently 56 Democrats and two Independents who caucus with the party in the Senate. If Al Franken is awarded the Senate seat for Minnesota, that would bring the potential Democratic caucus to 59, one short of the number needed to stop a Republican filibuster.

Republicans are thus concerned that Gregg's replacement by a Democrat would further tip the balance of power and take away the most potent tool Republicans have to stop the Democratic agenda. However, not all Democrats vote along party lines on every issue.