Ted Cruz tries to trip up Biden’s FAA pick

President Joe Biden's pick to head the Federal Aviation Administration got a taste of partisan sniping Wednesday, as Sen. Ted Cruz peppered him with technical questions about two deadly Boeing crashes to try to sow doubts about his readiness for the job.

The hearing was Phil Washington's first chance to defend himself after months of Republican attacks about his background and qualifications, especially at a time when the aviation system is showing strain, including a spate of near misses, flight cancellations and the FAA's own computer problems.

Though Washington has been CEO of Denver International Airport for almost two years, prior to that he mostly led large transit agencies following a 24-year military career.

Cruz, the top Republican on the Senate Commerce Committee vetting the nomination, asked Washington specifically about what a device known as an "angle of attack" sensor does, how many are equipped on Boeing's troubled 737 MAX jetliner, and whether he'd ever flown a plane or been an air traffic controller, among others. (Details about Washington's career are spelled out in documents already submitted to the committee.) The sensor is one of the systems implicated in two fatal 737 MAX crashes in 2018 and 2019, which killed hundreds of passengers on planes operated by Ethiopian Airlines and Indonesia-based Lion Air.

As part of the exchange, Cruz asked Washington what happens when a pilot gets two different readings from two different angle of attack sensors. Washington replied that "human reaction needs to take over."

"Why did that not happen on the Lion Air and Ethiopian Air flights?" Cruz asked.

"Senator, I'm not a pilot — I don't know if I can answer that particular question," Washington replied.

Cruz shot back that Washington's answer was part of the "fundamental problem" with his nomination.

Cruz capped off his questioning with a statement ripped straight from the culture wars, saying the flying public doesn't care if pilots are "transgendered witches" and instead want someone who knows how to fly a plane. Neither Washington nor Cruz had referenced gender identity before or after that remark, which had Senate Commerce Chair Maria Cantwell (D-Wash.) barely restraining her laughter.

Washington countered that though he has never been a pilot, he knows how to manage large bureaucracies and lead people to excel, and suggested that means he's the right person for the job.

“As a military veteran and leader of three large transportation organizations, my broad transportation safety knowledge and real-world leadership experiences provide me a unique perspective of how aviation and all modes of transportation should integrate into a seamless system,” Washington said.

Cruz also referenced ongoing lawsuits in which Washington has been named, including a politically tinged corruption probe into Los Angeles County politicians, as well as a recent lawsuit filed by a former employee of Denver airport alleging racial discrimination in pay and other items. Washington has denied any wrongdoing and on Wednesday said he has "nothing to hide."

After the hearing, Cantwell said she thought the hearing went well and that she supports Washington's nomination. She said that Washington's lack of ties to aviation manufacturers and airlines is actually an asset as the FAA tries to ensure that another 737 MAX incident does not happen again.

"He's actually might be somebody who is more likely to continue to push for reforms and have a stronger, independent FAA," Cantwell said.

And Sen. Brian Schatz (D-Hawaii) said GOP arguments against Washington amount to a "hatchet job."

Democrats anticipated Cruz's attack and circled the wagons ahead of the hearing, including blasting out a document rebutting some of Cruz's assertions about Washington's experience and his time overseeing Los Angeles Metro.

Just before the hearing, Democrats lined up key aviation figures such as former House Transportation chair Peter DeFazio and Association of Flight Attendants President Sara Nelson to voice their support.

"Mr. Washington’s record and engagement with stakeholders gives me tremendous confidence in his ability to lead us forward for the industry, our world partners, and the traveling public," Nelson wrote.

Other Republicans on the committee, including Aviation Subcommittee ranking member Jerry Moran (R-Kan.) and former committee Chair John Thune (R-S.D.), did not explicitly come out against Washington's nomination during their questioning.

One Democrat on the panel, Sen. Jacky Rosen of Nevada, said she was undecided on the nomination.

By law, the head of the FAA must have aviation experience, and must be a "civilian." Whether Washington, who retired after 24 years in the military, can be considered a "civilian" has not been resolved, but after the hearing Cantwell said he will not need a waiver because he's considered a civilian.

If he is not considered a civilian under the terms of the law, then he will have to seek a waiver. That could complicate his nomination, because it will involve the assent of the House, where Republicans such as Transportation chair Sam Graves (R-Mo.) are opposed.