Booker Presses DOJ on Antitrust Nominee’s Reported Work at the Department Before Senate Confirmation

WASHINGTON, D.C. – U.S. Senator Cory Booker (D-NJ), Ranking Member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, demanded answers from the Department of Justice (DOJ) about reports that Adam Candeub, President Trump’s nominee to lead the Antitrust Division, is already working at DOJ while his nomination is still pending before the Senate and he seemingly still serves at the Federal Communications Commission. President Trump nominated Candeub on July 21 to serve as Assistant Attorney General for the Antitrust Division. The Senate Judiciary Committee held his confirmation hearing on August 5 but has not voted on his nomination. Recent reporting indicates that Candeub has been working at DOJ headquarters for several weeks as Counselor to the Attorney General and has taken part in antitrust-related briefings. The Department has disputed part of that account, saying Candeub has not attended leadership or policy briefings. In a letter to DOJ”s Office of Legislative Affairs, Booker pressed the Department to clarify Candeub’s role and authority. The letter also raises questions about Candeub’s dual roles. The FCC has identified Candeub as its General Counsel since January 2025. Booker asked whether Candeub had resigned or taken leave from the Commission, and what legal authority, if any, allows him to serve at both agencies at the same time. Particularly when the DOJ and FCC have overlapping jurisdiction over broadcast, cable, and wireless transactions. “The Appointments Clause of the U.S. Constitution conditions Mr. Candeub’s service in this office on the Senate’s advice and consent,” wrote Senator Booker. “The Senate Judiciary Committee assesses a nominee’s qualifications, independence, and conflicts before he assumes authority, not after he has spent substantial time inside an agency directly or indirectly influencing the very matters he would inherit.” Booker asked the DOJ to respond in writing by Monday, September 21. The Senator requested details on when Candeub began working at the Department, his title and legal authority, and any documents establishing his appointment. He also asked whether Candeub has participated in Antitrust Division matters, accessed nonpublic DOJ information, or been involved in antitrust briefings or deliberations. Read the full text of the letter here.