A second nominee, Douglas Ginsburg, will withdraw after acknowledging that he smoked marijuana.
Birdwell ran unopposed in the November 2 general election, as the Democratic nominee had withdrawn from consideration in September.
Diplomats said that as the deadline approached yesterday, at least two possible nominees had withdrawn from the running for the position of chief inspector.
But Mr. Garment insisted today that the nominee would not withdraw, and might even make a public statement in the next day or two defending himself.
The nominee, Sadeq Mahsouli, withdrew his candidacy in a letter that was read on the floor.
The President's second nominee, Judge Douglas H. Ginsburg, withdrew before hearings could be scheduled.
The Chancellor's first nominee withdrew last November after a series of awkward statements.
A second nominee, Judge Douglas H. Ginsburg, withdrew before confirmation hearings.
At least 16 nominees withdrew, declined their nominations or had their votes postponed.
Another 16 or so nominees withdrew or declined their nominations, or had their votes postponed (the passive-aggressive way to reject).