White House Deputy Secretary of Transportation nominee Steven Bradbury faced deep concerns from U.S. Senate Democrats during a confirmation hearing on Thursday over several issues ranging from safety management systems (SMS) to the use of waterboarding and the U.S. military’s ability to turn off ADS-B in civilian airspace.

The White House in January nominated Bradbury for the role, succeeding Polly Ellen Trottenberg, who resigned. Bradbury had served as DOT general counsel under the first Trump administration from November 2017 to January 2021 and briefly served as acting deputy secretary and acting secretary of transportation. He also was assistant principal deputy and acting assistant attorney general in the Department of Justice in the Bush (43) administration.

Senate Commerce Committee chairman Ted Cruz (R-Texas) backed the nomination, saying, “Bradbury is exceptionally well qualified for this position” and that he’s received 20 letters of support. However, lawmakers on the other side of the aisle were skeptical.

“We’re here right now because we need leadership at DOT that recognizes that safety is the top priority,” said Sen. Maria Cantwell, the ranking Democrat on the Senate Commerce Committee. “There is no issue about saving dollars if you’re not saving lives, and I think that what’s been wrong at FAA and DOT overall is that we’ve had too much of a light touch on these very important issues.”

She added that she had concerns about Bradbury’s record, including that during his time with the Department of Justice, he authored what became known as the “torture memo justifying the use of waterboarding and other torture techniques.”

She said his legal opinions “were so contrary to what this country stood for that the Senate refused to confirm you as the assistant attorney general during the Bush administration” and added, “We cannot afford in the aviation sector someone who thinks that we can bend the law to an outcome. Your record of using the law selectively to predetermine the outcome raises questions about your time at DOT under the first Trump administration.”

Cantwell further questioned why, when he was at the Department of Transportation, he took steps to sideline a rulemaking requiring manufacturers to adopt safety management systems. This action reportedly occurred nine days after the first of the Boeing 737 Max crashes in 2018.

Bradbury responded that the department had questions surrounding the effects on small businesses but stressed that he supports mandatory SMS not only for aviation but also for other modes of transportation. The affected companies should develop a system and then be held accountable, he added.

Another issue Cantwell further expressed concern about was his role in shaping a rule that would enable the U.S. military to turn off ADS-B in civilian aerospace. She pointed to a letter in 2023 that found that the U.S. military was turning off ADS-B 100% of the time around Ronald Reagan Washington National Airport (KDCA) where military and civilian flights mix.

Bradbury responded that he believes that there needs to be more coordination on this. “I do think the Secretary [of Transportation] will want to work with the Secretary of Defense with regard to military aircraft and civilian airspace in the U.S. to ensure that systems that are needed for safety are used as appropriate.”

Sen. Tammy Baldwin (D-Wisconsin) also expressed concern about a committee report that questioned the level of cooperation between the DOT and the FAA with Congress in the aftermath of the Max crashes while he was at DOT. The report suggested that this cooperation “sometimes bordered on obstruction,” she said, and asked: “How can we trust that you are the right person for this job when it sounds like you weren’t the right person for the previous job?”

Bradbury responded that the interaction wasn’t meant as obstruction but was meant to take deliberate steps to provide a full response.

Asked by Baldwin whether he supported privatizing the air traffic control system, he said that was not something he would propose.

Receiving other questions surrounding funding freezes and terminations, Bradbury stressed that the government needs to follow the law but that where there is discretion, it is appropriate to take a look at how the money is used. “I do believe it is very fair for the president and secretary to take a hard look at how that discretion has been exercised, what decisions have been made, whether that’s consistent with the legislative purpose, whether it makes good sense or is wasteful, and various things may follow from that.”