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Don’t ‘Ram Through’ Mattis Confirmation, HASC’s Top Democrat Warns GOP

migration — Mon, 05 Dec 2016 09:00:00 +0000

Note: This article was updated on Monday, Dec. 5 to include comments from House Armed Services Committee Chairman Mac Thornberry, R-Texas, and clarify comments by Sen. Jerry Moran, R-Kan.

SIMI VALLEY, Calif. — Some Republican lawmakers are signaling they would like a speedy confirmation of President-elect Donald Trump’s pick for defense secretary, retired Marine Corps Gen. Jim Mattis.

But the top Democrat on the House Armed Services Committee is saying not so fast.

Echoing concerns a required waiver for the retired four-star might erode civilian control of the military, Rep. Adam Smith, D-Wash., warned that Democrats — in spite of widespread admiration for Mattis — may fight his confirmation if the GOP skips a substantive debate.

Though the Senate, not the House, has the constitutional responsibility of confirming Cabinet nominees, the process for Mattis’ waiver should include his testimony before the House Armed Services Committee and be backed up by stand-alone legislation, Smith said in a phone interview on Saturday.

“We need to have a conversation about why the civilian control of the military is so important, and both the House and the Senate need to do their due diligence, asking Gen. Mattis those questions — and have that debate, not just to rubber-stamp it,” Smith said.

For his part, House Armed Services Committee Chairman Mac Thornberry, R-Texas, both backs Mattis with high praise and has said the matter of the waiver would receive “a full discussion,” before Mattis can be granted a waiver and confirmed.

“We’re not going to try to ram it through, we’re going to fully talk to the experts, the legal scholars and others, and do it in due course,” Thornberry told Defense News on Saturday.

Civilian control of the military dates to the nation’s earliest days and reflects the balance of powers outlined in the Constitution. The National Security Act of 1947, amended in 2008, bars active-duty officials from serving in the Pentagon’s top job for seven years after leaving service. Mattis only retired as the four-star chief of US Central Command in 2013.

“Let’s have a serious hearing and a serious discussion about this,” Smith said. “I’m not saying I oppose Gen. Mattis, but I want it to get discussed, and I want Gen. Mattis to give assurances that he understands the difference between being a commanding general and the secretary of defense.”

Republicans and Democrats have praised Mattis as a warrior-scholar who could counterbalance Trump’s lack of experience in foreign affairs and national security.

Democratic aides privately concede that Mattis’ confirmation is practically a foregone conclusion, particularly as Republican majorities control both chambers. Still, they argue there is a foundational principle of democracy in play that deserves of careful handling—and that trampling it could severely taint Mattis as defense secretary.

“It would be poisonous to him,” one Democratic aide said.

Because Trump tapped Mattis for defense secretary, appointed retired Lt. Gen. Michael Flynn as his national security adviser and is considering retired Gen. David Petraeus for secretary of state, one worry is Trump will miss out on non-military answers to his foreign policy challenges.

“Having dealt with Gen. Mattis, he has a more balanced understanding of the military, diplomacy, aid, partnerships and all that,” Smith said. “In terms of a policy outlook I’m much more in agreement with Gen. Mattis than any of the other people President-elect Trump has picked thus far.”

One scenario has GOP leaders in Congress starting the year with a confirmation process in parallel with moving legislation for the exception. On Inauguration Day, the president could be sworn in, nominate Mattis, the Senate could confirm Mattis, and Trump could receive and sign the exception, enabling the new secretary to begin his work.

Congress is teeing up confirmation hearings soon after Jan. 1 with a heavy schedule that includes working each weekday in January and votes scheduled on Inauguration Day Jan. 20, according to Kansas Republican Sen. Jerry Moran.

Moran, who sits on the Senate Appropriations Defense Subcommittee, told the Reagan National Security Forum here Saturday he expects the Senate to give Mattis a confirmation vote as early as Inauguration Day— complicated by the waiver legislation’s vulnerability to a filibuster, which would take 60 votes to override.

“It seems to me in a bipartisan way, there is an interest in accomplishing that,” Moran said. “Although the new Minority Leader [Sen. Chuck Schumer, D-N.Y.] has indicated every nomination will be taken very seriously, and there is some expectation that no confirmation will go through easily.”

Sen. Kirsten Gillibrand, D-N.Y., opposes the waiver for Mattis and plans to require the 60 vote supermajority to advance waiver legislation in the Senate. She would not grant an exception to such a fundamental principle of American democracy, she said, though she respects Mattis’ service.

Republicans control both chambers and could find a path to quickly confirm Mattis, so Smith said he sought and received assurances from Thornberry.

“I’ve had a good conversation with Mac Thornberry, who should be the guy Republicans listen to, and he has respect for the notion that this is something we should at least examine,” Smith said. “The details, that hasn’t been agreed to.”

Thornberry told Defense News on Saturday that before the Senate confirms Mattis for the position, both the House and the Senate would have to pass a law to allow him to serve. That gives the House “a role we don’t usually have, and I think the issues are serious. Civilian control of the military is a serious issue.”

Congress last passed a waiver in 1950, for Gen. George C. Marshall, who Thornberry compared with Mattis.

“I think Mattis is exceptional, I think we live in very perilous times, and I think it is appropriate to have a full discussion and to say Gen. Mattis can serve — without changing the underlying rule that says you have to be out seven years before you can serve as the secretary of defense.”

Senate Armed Services Committee Chair John McCain, R-Ariz., has expressed support for Mattis’ confirmation. His Democratic counterpart, Ranking Member Jack Reed, D-R.I., voiced support for a Congressional debate on the principle in play.

“It is clear that General Mattis is a respected Marine and strategic thinker who served with honor and distinction,” Reed said in a statement last month. “What is less clear is how Congress would go about changing the law to allow him or any recently retired senior officer to serve as the head of the Pentagon. That would require ‎a debate about our constitutional principle of civilian control of the military and passing a new bill.”

It’s as yet unclear whether House Democrats will rally to the cause, particularly those outside the HASC. Last week House Democratic Whip Steny Hoyer hailed the Mattis nomination without qualification, and House Minority Leader Nancy Pelosi issued a statement that was silent on the waiver but jabbed Trump’s “impulsive, ill-informed and dangerous ideas on America’s military and national security strategy.”

Email: jgould@defensenews.com

Twitter: @reporterjoe

A Speedy Confirmation for Mattis as US Defense Secretary? Here’s How Congress Could Do It

migration — Sat, 03 Dec 2016 14:31:14 +0000

SIMI VALLEY, California — Congressional Republicans may move to speedily confirm former US Marine Gen. James Mattis as defense secretary despite complaints his appointment upsets the balance of civil-military power in US foreign-policy institutions.

The retired four-star general needs an exception, or waiver, from Congress to be eligible to be defense secretary because of a 1947 law barring anyone who was on active duty in the previous seven years from taking the job.

Senate GOP leaders are considering how they might make it happen, and Arnold Punaro, an influential former Marine Corps major general and Senate Armed Services Committee staff director, said he has a way. But it requires Congress and Trump to do some high-wire juggling, and it hinges on the prohibition being on the appointment, not on the confirmation process.

Congress, Punaro said, could run a parallel confirmation process while moving legislation for the exception through to passage. Then, on Inauguration Day, President Donald Trump could be sworn in, nominate Mattis with the rest of his cabinet, the Senate could confirm Mattis, Trump could receive and sign the exception and, finally, Trump could officially appoint Mattis.

“Lets say its all done on Jan. 20: The president sends the nomination, the Senate confirms and the legislation creating the exception, if they want Trump to sign it, he can sign it that same day,” Punaro told Defense News. “Then Mattis would be eligible to be appointed that same day.”

Other options are to pass the waiver separately in the current Congress’s lame duck session, perhaps by tying it to a must-pass piece of legislation — and then proceed with Mattis’ nomination and appointment on Inauguration Day. However, any such move would be ill-advised without assurances President Barack Obama will not veto it, Punaro said.

Already, the chairmen of the Senate and House armed services committees, Sen. John McCain, R-Ariz., and Rep. Mac Thornberry, R-Texas, respectively, have expressed support for Mattis.

“I will work with my colleagues in the coming days to clear the way for his confirmation by the Senate,” Thornberry said.

McCain said he looks forward to advancing confirmation, “as soon as possible,” though the strategy is not yet set, according to a McCain aide.

There has been almost universal praise for the blunt-talking ‘Mad Dog’ Mattis, who retired as head of U.S. Central Command in 2013, as a warrior scholar with a deep knowledge of global affairs. That reputation, and the idea of him as a counterweight to Trump’s lack of experience, is expected to clear a path for Mattis through Congress.

On possible hitch is that US Sen. Kirsten Gillibrand, the top Democrat on the SASC Personnel Subcommittee, says she will require a vote at a 60-vote threshold to allow Mattis to become the defense secretary, Politico first reported Friday.

“While I deeply respect General Mattis’s service, I will oppose a waiver. Civilian control of our military is a fundamental principle of American democracy, and I will not vote for an exception to this rule,” Gillibrand said in a statement.

HASC Ranking Member Adam Smith, D-Wash., said he admires Mattis but called for the HASC to perform a full review, including hearings because “the unusual circumstances of his nomination raise serious questions about fundamental principles of our Constitutional order.”

Several Democratic-leaning groups have also raised concerns. Jim Arkedis, president of 4DPAC, said his organization opposes the waiver for Mattis in spire of Mattis’ service and qualifications.

“Granting General Mattis a Congressional waiver would erode the institution of civilian control of the military,” Arkedis said in a statement Friday. “We remain deeply concerned that the Trump administration will seek to weaken other long-standing pillars of American government, and we encourage Congress to hold firm against the first step down a perilously slippery slope.”

Gordon Adams, who oversaw defense budgeting for the Clinton administration, argued in Foreign Policy on Friday that Trump’s surrounding himself with retired generals risks limiting his options in a crisis to military force. (Trump has tapped as national security advisor retired Lt. Gen. Mike Flynn and is said to be mulling retired four-stars David Petraeus and John Kelly for secretary of state.)

“One can readily imagine the starting point to a conversation among generals about the Syrian crisis being about the application of greater or lesser U.S. military force, rather than the tools of diplomacy or negotiation. But that’s an easy one,” Adams writes. “Is the key to dealing with China’s assertive presence in the South China Sea an aggressive U.S. military buildup in the Pacific or a diplomatic strategy that deals with the surrounding countries and seeks to resolve the most contentious issues? It’s not that the generals are ignorant, but simply that diplomacy is not their stock in trade nor what they’ve spent their lives thinking about and planning for. The differences may appear slight, but they send U.S. global engagement in two very different directions.”

Presented with these arguments, what will Democratic lawmakers do?

Senate Democrats could, if they wanted, waive Mattis through without an exception and approve his nomination by a voice or a simple majority. However, any one senator can invoke cloture, which would require 60 votes to let the nomination advance to a vote. That means at least eight Democrats would have to vote in favor of Mattis.

Punaro speculated that Democrats will not be able to muster opposition on the principle because it equates to opposition to the well-regarded and independent-minded Mattis.

“I would be very surprised if there would be enough Democrats with that approach,” Punaro said. “This would be a vote against Mattis, and I would be extremely surprised at that.”

The argument an exception for Mattis would erode civilian control, Punaro dismissed as “handwringing” fueled by misapprehensions about the law. The 1947 law, Punaro argued, is rooted in a national security apparatus that was drastically reorganized by the 1986 Goldwater-Nichols Act, which strengthened civilian control of the military. (Punaro, as a Senate aide, helped craft Goldwater-Nichols.)

“The facts that were compelling in 1947 are different today,” Punaro said. “There ought to be a serious debate over the law, but that should occur later and not be tied to an exception to the law because the law’s fundamental won’t be changed. He’s not going to be Gen. Mattis, he’ll be Mr. Secretary.”

Email: jgould@defensenews.com

Twitter: @ReporterJoe