Labor Secretary nominee Alex Acosta is set to appear before a Senate committee for his confirmation hearing today. The longtime Republican lawyer is the second person Trump has nominated to be labor secretary, after his first pick, Andrew Puzder, withdrew amid reports of widespread sexual harassment and labor and safety violations at his chain restaurants, as well as allegations of domestic violence against his ex-wife.

Acosta’s confirmation hearings open as a new lawsuit is raising questions about why he chose not to pursue federal charges against billionaire sex offender Jeffrey Epstein while Acosta was the Miami U.S. attorney. Epstein was facing allegations he’d sexually abused more than 40 underage girls, some as young as 13 years old. Acosta’s staff had recommended pursuing federal charges that could carry a life sentence. But Acosta overruled his staff and instead cut a non-prosecution deal with Epstein, who ended up serving a 13-month jail sentence.

Trump has praised Epstein in the past, saying, “He’s a lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side.” Trump is also on the witness list in the Florida lawsuit over Acosta’s handling of the case.