Puzder, who was due to meet lawmakers on Thursday, faced concerns from Republicans over his personal background and business record

This article is more than 3 years old

This article is more than 3 years old

Andrew Puzder, Donald Trump’s controversial choice to run the Department of Labor, has withdrawn his nomination as questions about his byzantine business interests, details about his acrimonious divorce and revelations that he employed an undocumented immigrant as a housekeeper have mounted.

Puzder’s nomination was ultimately felled by Republicans, who grew increasingly concerned about the restaurant executive’s background and business record.

After a series of delays, Puzder, the chief executive of CKE Restaurants, the billion-dollar parent company of the fast food chains Carl’s Jr and Hardee’s, was due to appear before the Senate health, education, labor and pensions committee on Thursday.

However, in a statement issued on Wednesday afternoon Puzder said he was withdrawing his nomination: “While I won’t be serving in this administration, I fully support the president and his highly qualified team.”

Andy Puzder (@AndyPuzder) I am withdrawing my nomination for Secretary of Labor. I'm honored to have been considered and am grateful to all who have supported me.

The move is another stinging setback for the new president, whose political party holds the power in both chambers and could easily have approved the nominee on a party line vote in the Senate.

And it comes less than 48 hours after national security adviser Michael Flynn was forced to resign after making misleading statements about conversations with the Russian ambassador, amid an ongoing scandal over Russian influence enveloping the White House.

Puzder was a major Republican donor who was active in both Mitt Romney’s 2012 presidential campaign and Trump’s 2016 effort. The businessman and his wife donated $332,000 to Trump’s joint fundraising committee and spoke at the Republican National Convention in Cleveland where he also served as a delegate. Prior to his involvement in the fast food industry, Puzder practised law in Missouri where he was a leading anti-abortion advocate and authored a restrictive law, eventually upheld by the supreme court that prevented the use of state funds or resources for abortions.

Democrats cheered Puzder’s withdrawal as a “victory for the American worker” and a triumph for the progressive resistance to Trump’s presidency.



“Puzder should never have even been nominated to lead the Labor Department and senate Republicans clearly recognized this too,” Chuck Schumer, the Senate Democratic leader said in a statement.

Trump's cabinet Confirmed

James Mattis (Defense), John Kelly (Homeland Security), Rex Tillerson (State), Elaine Chao (Transportation), Nikki Haley (United Nations), Betsy DeVos (Education), Jeff Sessions (Attorney General), Tom Price (Health and Human Services), Steve Mnuchin (Treasury), David Shulkin (Veterans Affairs), Scott Pruitt (Environmental Protection Agency), Wilbur Ross (Commerce), Ryan Zinke (Interior), Rick Perry (Energy), Ben Carson (Housing and Urban Development), Sonny Perdue (Agriculture), Alexander Acosta (Labor) Awaiting Senate approval

Linda McMahon (Small Business Association), Mick Mulvaney (Office of Management and Budget director), Robert Lighthizer (US trade representative) Withdrawn

Andrew Puzder (Labor) Not yet announced

Council of Economic Advisers chair



“The fact that someone so anti-labor was even nominated shows how far President Trump is from where he campaigned. If President Trump is remotely serious about standing up for workers, he will nominate someone for Labor Secretary that champions workers’ rights rather than suppresses them.”

Puzder drew the ire of Democrats and labor groups for his opposition to raising the minimum wage and his business record.



Activists protested his nomination at fast food restaurants around the country. In Washington, Democrats invited former employees to testify against their former boss and held press conferences denouncing his positions on labor issues.

Marc Perrone, international president of the United Food and Commercial Workers Union, said: “Given recent reports that have come to light, it is clear that Mr Puzder’s values were not the values of hard-working families. His withdrawal proves that the American people still have a voice and the power to shape our government.”

Signs that Puzder’s nomination was imperiled began to show in recent weeks as a number of Republican senators withheld immediate their support for him. On Thursday, conservative magazine the National Review published an editorial titled “No to Puzder”.

The magazine railed against Puzder’s support for “comprehensive immigration reform” and argued that in light of the series of unflattering revelations, “his case for his confirmation has diminished to the point of disappearing”.

Tim Scott, a Republican from South Carolina, said he informed party leadership about his “serious concerns” with Puzder after learning that he supported immigration reform and had employed an undocumented housekeeper who he paid in cash.

“I look forward to meeting with a a new nominee to lead the Department of Labor,” Scott said in a statement.

Marco Rubio, a Republican senator for Florida, wrote on Twitter: “Andy Puzder made the right & honorable choice by withdrawing from consideration as Labor Secretary.”

But some Republicans said they were blindsided. John Barrasso, a senator for Wyoming, told reporters only minutes before it happened that all he heard was what he described as “the CNN thing”.

Barrasso said he had not heard from any of his colleagues who wanted Puzder to withdraw and reiterated his support for the fast food CEO.

“I support him,” said Barrasso. “I was on the platform committee with him at the convention. He was one of the members, I was the chair. I support him.”

In a statement, Senate majority leader Mitch McConnell expressed his disappointment in Puzder’s decision to withdraw. “I strongly supported Andy Puzder because he is uniquely qualified, knows how to improve the lives of hard-working Americans and knows how to get our economy back on track,” said McConnell. “I’m confident he will continue to find ways to contribute his time and talent to have a positive impact on our nation. I respect his decision to withdraw his nomination for secretary of labor.”

The White House did not immediately return a request for comment.

Lou Barletta, a House Republican and longtime Trump ally who has been mooted as possible replacement for Puzder, told the Guardian: “I haven’t had any talks with the president or anyone from the administration” about the position. Barletta dodged further questioning about his interest in the position, saying simply “I am going to let the president take the lead on what direction he would like to go.”

The Pennsylvania representative, who is a fervent immigration hawk, noted Puzder’s comparatively moderate views on immigration may have been an issue. “I felt that may have been an issue during the confirmation and that may have been something that came up,” said Barletta. “Obviously, he had to make the decision about what was best for the president and I think he did the right thing.”

Among the revelations were resurfaced reports that Puzder’s ex-wife, Lisa Fierstein, alleged in divorce filings from nearly three decades ago that he had abused her on multiple occasions in the 1980s. Puzder has denied the allegations.

After their divorce, Fierstein appeared on The Oprah Winfrey Show to discuss her experience with domestic violence. Winfrey recently provided senators on the health, education, labor and pensions committee with the video in which Fierstein, wearing a wig and glasses, discusses the allegations.

On Wednesday, Patty Murray, the top Democrat on the committee, said she was “deeply disturbed” by what Fierstein said in the video.

A spokesman for Puzder denied the allegations and said the revelations were part of a smear campaign against the restaurant executive. He added that Fierstein “regretted” her decision to appear on the show.

“Perpetuating these retracted 30-year-old allegations and an impulsive decision to appear on a talkshow is nothing more than a desperate attempt to tarnish Andy Puzder at the expense of Lisa and their family,” said spokesman George Thompson in an email.

Under Puzder’s leadership, CKE Restaurants ran highly sexualized advertising campaigns that were denounced as sexist and demeaning.



“We believe in putting hot models in our commercials because ugly ones don’t sell burgers,” Puzder wrote in a 2011 press release defending the company’s racy advertisement. “We target hungry guys, and we get young kids that want to be young hungry guys.”

“A corporate culture grounded in objectifying women has no place in our government – or for that matter, the 21st century,” Senator Murray said during a press conference on Wednesday. “Whatever President Trump and Andrew Puzder might wish was the case, women – who now make up nearly half of our country’s workforce – are at work, getting degrees, running businesses, and they deserve respect and dignity.”