JD Vance’s first big moment as vice president is on the horizon as the Senate prepares to vote on the president’s confirmation Donald Trump picks to lead the CIA and Defense Department, which could require Vance to come in with a tie vote.
Under the Constitution, the vice presidents serve as president of the Senate and have the sole power to break ties in the chamber. Vance, who previously served in the Senate before running for vice president, could exercise this power in the coming days as lawmakers work their way through Trump’s Cabinet.
The representatives of the Senate quickly and unanimously confirmed Marco Rubio as Secretary of State by a 99 to 0 vote on Monday. Other Cabinet and administration picks, however, are still going through committee hearings and final votes.
Senate lawmakers to vote on Trump’s CIA director pick John Ratcliffebefore the vote on the choice of Trump as the head of the Ministry of Defense, Pete Hegseth. Fox News learned earlier this week that lawmakers could be deadlocked on a vote for Hegseth, which would require Vance to step in.
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Under the Constitution, the vice presidents serve as president of the Senate and have the sole power to break ties in the chamber. The first big vice presidential moment for JD Vance, shown here, may be the deciding vote. (Andrew Harnik/Getty Images)
Republicans are in control Senate with 53 seats, compared to 45 Democratic seats and two independent seats. Fox News was told that Sens. Mitch McConnell, R-Ky., Susan Collins, R-Maine, and Lisa Murkowski, R-Alaska, could break with Trump’s defense secretary nominee and vote against his confirmation.
A vote to confirm Ratcliffe is scheduled for Thursday, followed by a procedural vote to advance Hegseth’s nomination. Vance could be called to Capitol Hill to break a tie if a handful of Republicans deny confirming the nominations.
Ratcliffe previously served as director of national intelligence in the first Trump administration and was confirmed by the Senate in 2020 by a 49-44 vote.
Kamala Harris broke the nearly 200-year-old record for the most tie votes in her role as vice president when she cast her 32nd tie vote in 2023 on the confirmation of a federal judge. The Democrats had only 51 members majority over Republicans, which had a conference of 49 persons, during the 118th Congress.
The first Trump administration made history in 2017 when Mike Pence became the first vice president to confirm a cabinet secretary in a decisive vote. Pence voted to confirm Betsy DeVos as education secretary after a 50-50 deadlock over the nomination. In 2018, Pence also broke a tie to confirm Sen. Sam Brownback, a Republican, as ambassador for religious freedom and to confirm Russ Vought as deputy director of the Office of Management and Budget.
Kamala Harris broke the nearly 200-year-old record for the most votes in the role of vice president when she cast her 32nd in 2023. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
Vance could see himself in a similar position as Republicans hold a narrow majority in the House.
Hegseth appeared before Senate Armed Services Committee last weekwhere he faced criticism from Democrats over his views on women serving in combat roles, infidelity and drinking habits.
Hegseth, a former Fox News host, has battled allegations of sexual misconduct, excessive drinking and mismanagement of the veteran nonprofit. He denied the allegations and promised not to drink “a drop of alcohol” if confirmed by Trump’s cabinet.
Senate lawmakers are scheduled to vote on Trump’s pick for CIA director, John Ratcliffe, before voting on Trump’s pick for Defense Department head, Pete Hegseth, shown here. (Ben Curtis/The Associated Press)
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“Thank you to my amazing wife, Jennifer, who has changed my life and been there for me through this whole process. I love you, honey, and I thank God for you,” Hegseth told the commission on Jan. 14, beginning to choke on his emotional introductory words.
“And as Jenny and I pray together every morning, all the glory, regardless of the outcome, goes to our Lord and Savior Jesus Christ,” he said. “His grace and mercy abound every day. Let His will be done.”
JD Vance, who previously served in the Senate before being elected vice president, could exercise this power in the coming days as lawmakers work their way through Trump’s cabinet. (Joe Raedle/Getty Images)
Earlier this week, Democratic senators on the House Armed Services Committee reviewed an affidavit alleging that Hegseth abused alcohol and that, at times, his ex-wife, Samantha, made him fear for his safety. The affidavit was filed by Danielle Hegseth, who was married to Pete Hegseth’s brother.
Pete Hegseth’s attorney denied in a statement that Hegseth’s ex-wife never reported the abuse.
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“Sam has never alleged that there was any abuse,” attorney Tim Parlatore said Tuesday in comments to Fox News Digital. “She signed court documents confirming there was no abuse and recently confirmed the same during an interview with the FBI. Late claims by Danielle Dietrich, an anti-Trump, far-left Democrat who divorced Mr. Hegseth’s brother and never got along s Family Hegseth, do nothing to change that.”
Hegseth’s final part of the confirmation process will take place after lawmakers vote for Ratcliffe as CIA director — a process that could drag on into the weekend.
Fox News’ Chad Pergram contributed to this report.
