Ed Markey Questions Trump SBA Nominee on Adherence to Law and Independence

Independence of the Office of Advocacy

• 🏛️ The Office of Advocacy operates independently from the SBA administrator and is statutorily prohibited from submitting its work to the Office of Management and Budget (OMB) or any other federal agency.
• 🤝 Dr. Mulligan expressed to Senator Markey's staff that he takes this independence seriously.
• ⚠️ Concerns were raised about potential communications between "Elon Musk minions" and the Office of Advocacy leadership.

Adherence to Statutory Mandates

• ⚖️ Dr. Mulligan committed to abiding by all statutes related to the Office of Advocacy, including the law that prevents sharing information with other agencies.
• 📜 He stated that reports would be submitted to Congress and the President, as per statute.
• ❓ When asked if Congressional mandates take precedence over executive directives, Dr. Mulligan expressed confusion, noting that executive orders typically instruct adherence to U.S. laws.

Statutes vs. Executive Orders

• ⬆️ Dr. Mulligan affirmed that he would abide by statutes and not allow an executive order to supersede them, stating that executive orders themselves direct compliance with laws.
• 🤔 He acknowledged that statutes are at a higher order than executive orders in terms of what must be obeyed, as executive orders often direct the following of existing laws.

Hiring Practices and Market Distortions

• 🧑‍💼 Regarding hiring and firing decisions, Dr. Mulligan stated that decisions would be based on how to best serve as an independent voice for small business, not on loyalty tests or unrelated criteria.
• 🚫 He has not yet met the staff at the Office of Advocacy.
• 📉 Concerns were voiced about potential market distortions arising from special treatment given to specific industries or companies, particularly if linked to meetings at Mar-a-Lago and presidential directives.
• ❓ Dr. Mulligan expressed confusion regarding the connection between legal terms like "market distortion" and the described situation, stating he understands the concept but not its application in the scenario presented.