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General counsel and CFO nominees face questions on legal compliance, audits and VA budget shortfall
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Summary
Lieutenant Colonel James Baer and Richard Topping described their service and pledged to follow the law and court orders. Senators pressed Baer on whether OGC would be an obstacle to oversight and asked Topping to explain a past state audit and litigation tied to his prior work and the VA's budgetary shortfall and EHR efforts.
WASHINGTON
Lieutenant Colonel James Baer, nominated to be general counsel of the Department of Veterans Affairs, and Richard Topping, nominated for the department's chief financial officer, told the Senate Committee on Veterans Affairs that they would follow the law and comply with court orders if confirmed.
Why it matters: The general counsel and CFO play central roles in advising the secretary on litigation, personnel actions, financial transparency and budget planning. Senators focused on whether the nominees would enable committee oversight, resist unlawful political pressure and correct financial and programmatic missteps identified by the VA inspector general.
Legal accountability and whistleblower protections: Baer repeatedly told the committee that courts must be obeyed and that he would not recommend disobeying court orders. When asked whether VA employees should be free to seek legal advice from the Office of General Counsel without political permission, Baer said he supported efficient, consistent communication and that whistleblower structures exist within VA for those concerns. He pledged that OGC should not be an impediment to the committee's oversight requests and that he would work to provide information in a timely fashion.
Financial oversight and past audit questions: Senators pressed Topping about a 2017 North Carolina program audit tied to Cardinal Innovations, where he served as CEO. Topping described the audit as politically motivated, said subsequent litigation was dismissed in his favor at some stages and said he won a defamation judgment. He told senators that independent financial audits of the organizations he led produced clean opinions and said he would bring financial reporting, forecasting and controls to the VA.
Budget shortfall and electronic health record: Senators also asked Topping to address the Veterans Health Administration's recent multibillion-dollar shortfall and the multi-billion-dollar electronic health record investment the VA has pursued for years. Topping said his priorities as CFO would be financial reporting, forecasting and building the right structure and tools to correct prior errors. He also pledged to review the EHR program and recommend whether to start, stop or continue components based on fiscal stewardship and mission needs.
Court orders and presidential directives: Multiple senators asked whether nominees would follow orders that might conflict with presidential directives. Each nominee said they would follow the law and court orders; Baer said, "I as a military judge myself, I understand the importance of our courts in our constitutional system and the importance of following the constitution and the court's orders." Topping and Brown made similar commitments.
Other issues: Senators asked Baer about an executive order ending collective bargaining at the VA (ongoing litigation) and asked for a written opinion on legality; Baer declined to rule on active litigation in the hearing but offered to provide a written response. Topping committed to ensuring the VA meets financial commitments, including court-ordered obligations related to recent personnel litigation.
