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From Antitrust Law Daily, May 25, 2017

Another delay for antitrust chief nomination

By Jeffrey May, J.D.

The Senate Judiciary Committee did not consider the nomination of Makan Delrahim to be an Assistant Attorney General in the Antitrust Division as scheduled today. Delrahim’s nomination, as well as the nominations of Noel J. Francisco to be Solicitor General and Steven A. Engel to be an Assistant Attorney General in charge of the Office of Legal Counsel, was set to be considered at an executive business meeting. However, Senator Chuck Grassley (R-Iowa), the committee's chairman, said that the Democrats had asked for the nominations to be held over this week.

The delay in the committee vote follows a delay in Delrahim’s confirmation hearing last month. The testimony of President Trump’s pick to serve as antitrust chief was cancelled at the last minute on April 24. The testimony was put on hold because the committee had not received some paperwork. That paperwork was never identified. The hearing eventually took place on May 10, with little questioning from Senate lawmakers. Delrahim testified along with Francisco and Engel.

Trump officially announced his intention to nominate Delrahim on March 28. Delrahim would be returning to the Justice Department for a second time. He served in the Antitrust Division during the administration of President George W. Bush as deputy assistant attorney general. While Delrahim has been awaiting confirmation, Andrew C. Finch has been serving as acting assistant attorney general.

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