Dissenting Statement of Commissioner Orson Swindle Concerning the Appointment of Molly S. Boast as Director of the Bureau of Competition

I have voted against Chairman Pitofsky's motion to appoint Molly S. Boast as Director of the Bureau of Competition because this is an appointment that makes no sense from an institutional point of view. The Chairman's move at this very late date to appoint Ms. Boast to the permanent position of Bureau Director is frankly puzzling.

Had this appointment come before the Commission a year ago, I likely would have been among Ms. Boast's most ardent supporters. Two developments, however, have significantly changed the landscape. First, it is no secret that Ms. Boast has informed the Commission and the staff of her intention to leave the agency soon. Second, the President recently announced his intention to nominate Timothy Muris as FTC Chairman. Although no one can exactly predict the timing of Mr. Muris's confirmation process, it makes absolutely no sense to appoint a career-status employee as the new permanent Director for the Bureau of Competition in light of these developments. I am concerned that such an appointment may complicate the next Chairman's effort to make immediate staff changes.

This has not been an easy decision for me, given my very high regard for Molly Boast's qualities as a lawyer and a manager. In my judgment she has been one of the Commission's truly outstanding employees, and we at the FTC -- and the public -- have benefitted immensely from her superb legal abilities and her skills in helping to manage the Bureau of Competition as its Senior Deputy Director and then as Acting Director (a position, I might add, that in substance comprises all of the authority and responsibilities of the permanent Director position). Indeed, it is because I so admire Ms. Boast's many aptitudes and wonderful personal style that I do not relish what I regard as my duty to dissent in this matter.

I am firmly of the view, however, that even if Chairman Pitofsky's appointment of Molly Boast as Bureau Director was not intended to frustrate a smooth transition at the FTC, it surely could have that result. I therefore dissent.