Democrats are pushing to delay Betsy DeVos’ confirmation hearing next Wednesday because the billionaire philanthropist’s finances haven’t yet been cleared by ethics officials, nor has she signed an agreement addressing possible conflicts of interest.

Sen. Patty Murray, the committee’s top Democrat, says that she’s concerned about the “extensive financial entanglements and potential conflicts of interest” of President-elect Donald Trump’s pick for education secretary.


An aide to Murray told POLITICO that “it would certainly be concerning if nominees break from standard practice and don't submit their ethics paperwork in advance of a hearing.”

Although DeVos submitted her financial disclosures to the Office of Government Ethics on Dec. 12, she is still in discussions to finalize the paperwork and sign an agreement addressing possible conflicts of interest, according to her spokesman, Ed Patru.

The ethics office, in coordination with the Education Department, is responsible for identifying any conflicts of interest that DeVos might have and striking an agreement with her to recuse herself from certain decisions to avoid future conflicts.

Senate HELP Chairman Lamar Alexander indicated he plans to move ahead with the Jan. 11 hearing, regardless of whether the paperwork is finalized. Committee rules don’t require the ethics office to clear a nominee’s finances and sign an ethics agreement before a hearing. But Alexander will require those things before holding a committee vote, an aide said.

“Our committee is going to follow the Golden Rule and use the same procedures for these nominees that we did in 2001 for President Bush's nominees and in 2009 for President Obama’s nominees,” Alexander said in a statement to POLITICO.

Democrats dispute that the committee is following the same practice, saying the ethics review of President Barack Obama’s Cabinet nominees was generally completed prior to any confirmation hearing. They argue that government ethics officials’ vetting of DeVos should be completed before her hearing.

"Confirmation hearings shouldn't be held until senators have essential and required information on a nominee,” said Sen. Sheldon Whitehouse (D-R.I.), a member of the committee. “Required financial disclosures and a nominee’s ethics letter go to their basic fitness to serve.”

“The Trump administration may be conducting a slipshod vetting process, but the United States Senate should not,” Whitehouse added. “The majority's conduct ramming and stacking these hearings for unvetted nominees is unprecedented.”

An OGE spokesman declined to comment on when its review of DeVos’ financial information would be complete.

A Trump transition spokeswoman said DeVos “is complying with all rules and practices of the HELP Committee,” adding that “the vetting process is well underway, providing senators with plenty of time to review, analyze and ask questions.” DeVos is “looking forward to her confirmation hearing on the 11th,” the transition spokeswoman said.

Patru, the DeVos spokesman, dismissed Democrats’ desire to delay the hearing as “political games.”

“We expect nothing less,” he said.

The financial and ethics paperwork for former Education Secretary Arne Duncan was finalized several days before his confirmation hearing in January 2009. And ethics officials signed off on the paperwork for Education Secretary John B. King Jr. before his hearing last February. The same was true of Obama’s two nominees for Labor secretary, which are also handled by the HELP Committee.

But President George W. Bush’s nominees for education and labor secretary in 2001 didn’t have their financial disclosure forms cleared until several days after their respective hearings, according to an aide to Alexander.

DeVos this week separately provided information about her finances to the committee, but that paperwork remains confidential under committee rules. DeVos’ FBI background check has also been completed, and Alexander “has no concerns about the contents,” an Alexander aide said.

In DeVos’ nomination paperwork that was released by the committee, she committed to severing “all connections” with her “present employer, business firm, association or organization” if she’s confirmed by the Senate.

DeVos indicated that she had already resigned as chairman of the Windquest Group, Inc., an investment firm she started with her husband, Dick DeVos Jr. as well as the board of their family philanthropic foundation, which has donated to education causes.

The DeVos’ firm has invested in, among other things, an aviation-themed charter school in Michigan, according to its website. And The Wall Street Journal reported last year that DeVos is indirectly invested in an online student lending firm.

DeVos indicated on the committee form that she intends to serve as Education secretary for a full term.

“After government service,” she wrote. “I do intend to return to my family business.”