LEGISLATIVE DIVISION UPDATE Week Ending January 15, 2021
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The Position of Secretary of Defense: Statutory Restrictions and Civilian-Military Relations
The Position of Secretary of Defense: Statutory Restrictions and Civilian-Military Relations Updated January 6, 2021 Congressional Research Service https://crsreports.congress.gov R44725 Position of Secretary of Defense: Statutory Restrictions and Civilian-Military Relations Summary The position of Secretary of Defense is unique within the United States government; it is one of two civilian positions within the military chain of command, although unlike the President, the Secretary of Defense is not elected. Section 113 of the United States Code states that the Secretary of Defense is to be “appointed from civilian life by the President, by and with the advice and consent of the Senate.” The section goes on to elaborate a key mechanism by which civilian control of the armed forces is maintained: A person may not be appointed as Secretary of Defense within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. The proposed nomination of General (Ret.) Lloyd Austin, United States Army, who retired from the military in 2016, to be Secretary of Defense may lead both houses of Congress to consider whether and how to suspend, change, or remove that provision. This provision was originally contained in the 1947 National Security Act (P.L. 80-253), which mandated that 10 years pass between the time an officer is relieved from active duty and when he or she could be appointed to the office of the Secretary of Defense. In 2007, Section 903 of the FY2008 National Defense Authorization Act (P.L. 110-181), Congress changed the period of time that must elapse between relief from active duty and appointment to the position of Secretary of Defense to seven years. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 117 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 117 CONGRESS, FIRST SESSION Vol. 167 WASHINGTON, FRIDAY, JANUARY 22, 2021 No. 13 House of Representatives The House was not in session today. Its next meeting will be held on Monday, January 25, 2021, at 1:30 p.m. Senate FRIDAY, JANUARY 22, 2021 The Senate met at 10 a.m. and was NATIONAL GUARD We owe an enormous debt of grati- called to order by the President pro Mr. SCHUMER. Mr. President, now, tude to the men and women who tempore (Mr. LEAHY). it came to our attention last night worked to keep us safe on January 6 and the days since. A situation like f that members of the National Guard, after standing on duty to protect the last night will never happen again. PRAYER Capitol for Inauguration Day, keeping f The Chaplain, Dr. Barry C. Black, of- us safe, were sleeping in parking ga- BUSINESS BEFORE THE SENATE fered the following prayer: rages and cramped quarters without Mr. SCHUMER. Now, I have spoken Let us pray. proper space or ventilation. It was ut- about the Senate’s agenda for the next Sovereign King, our hope for years to terly unacceptable. several weeks. We have three essential come, deliver us from the sin of run- I have told those who run the secu- items on our plate: one, the confirma- ning from the truth. Remind us often rity of the Capitol that it can never tion of President Biden’s Cabinet and that truth brings freedom. -
Trump's Generals
STRATEGIC STUDIES QUARTERLY - PERSPECTIVE Trump’s Generals: A Natural Experiment in Civil-Military Relations JAMES JOYNER Abstract President Donald Trump’s filling of numerous top policy positions with active and retired officers he called “my generals” generated fears of mili- tarization of foreign policy, loss of civilian control of the military, and politicization of the military—yet also hope that they might restrain his worst impulses. Because the generals were all gone by the halfway mark of his administration, we have a natural experiment that allows us to com- pare a Trump presidency with and without retired generals serving as “adults in the room.” None of the dire predictions turned out to be quite true. While Trump repeatedly flirted with civil- military crises, they were not significantly amplified or deterred by the presence of retired generals in key roles. Further, the pattern continued in the second half of the ad- ministration when “true” civilians filled these billets. Whether longer-term damage was done, however, remains unresolved. ***** he presidency of Donald Trump served as a natural experiment, testing many of the long- debated precepts of the civil-military relations (CMR) literature. His postelection interviewing of Tmore than a half dozen recently retired four- star officers for senior posts in his administration unleashed a torrent of columns pointing to the dangers of further militarization of US foreign policy and damage to the military as a nonpartisan institution. At the same time, many argued that these men were uniquely qualified to rein in Trump’s worst pro- clivities. With Trump’s tenure over, we can begin to evaluate these claims. -
Civil-Military Module Discussion Questions
Civil-Military Module Discussion Questions ............................................................................ 1 Introduction Richard H. Kohn, “Six Myths about Civil-Military Relations in the United States” ................... 2 Civil-Military Relations and Civilian Control Eliot A. Cohen, Supreme Command: Soldiers, Statesmen, and Leadership in Wartime (New York: The Free Press, 2002), Pgs. 1-14, 199-207, 225-233, 239-248 .......................................... 3 Participation in Politics Gen Martin E. Dempsey, “Letter to the Editor: Military leaders do not belong at political conventions,” Washington Post, July 30, 2016 and “Keep Your Politics Private, My Fellow Generals and Admirals,” Defense One, August 1, 2016, https://www.washingtonpost.com/opinions/military-leaders-do-not-belong-at-political- conventions/2016/07/30/0e06fc16-568b-11e6-b652-315ae5d4d4dd_story.html , https://www.defenseone.com/ideas/2016/08/keep-your-politics-private-my-fellow-generals-and- admirals/130404/; Heidi Urben, “Commentary: Generals Shouldn’t Be Welcome at These Parties: Stopping Flag Officer Endorsements,” War on the Rocks, July 27, 2020, https://warontherocks.com/2020/07/generals-shouldnt-be-welcome-at-these-parties-stopping- retired-flag-officer-endorsements/ ; Bryan Bender, “’Disturbing and reckless:’ Retired brass spread election lie against Biden and Democrats,” Politico, May 11, 2021, https://www.politico.com/news/2021/05/11/retired-brass-biden-election-487374 ...................... 4 Resignation Peter Feaver, “Should Senior Military Officers -
Eeee Marne Express
e e h h T T MMaarrnnee EExxpprreessss “Mission, Soldiers, Teamwork” Volume 2, Issue 5 Serving the Soldiers of Task Force Baghdad April 24, 2005 In this week’s Marne Express Desert Rogues page 5 Nation honors 3rd Inf. Div. Soldier Army News Service ago, in an action outside the then- “On this day two years ago, Sergeant Special to The Marne Express Saddam Hussein International Airport. Smith gave his all for his men. Five Smith manned the .50-caliber days later, Baghdad fell, and the Iraqi WASHINGTON, D.C. — An machine gun on top of an armored per- people were liberated,” Bush said. “And American Soldier’s family received the sonnel carrier in order to defend a court- today, we bestow upon Sergeant Smith highest military recognition, the first yard while his men from the 11th the first Medal of Honor in the war on Medal of Honor for Operation Iraqi Engineer Battalion, 3rd Infantry terror. He’s also the first to be awarded Freedom, from President George W. Division, withdrew and evacuated this new Medal of Honor flag, author- Bush in the East Room of the White wounded. Late in the action, he died ized by the United States Congress. We House April 4. after being struck by enemy fire. count ourselves blessed to have soldiers Bush presented the Medal of Honor The president quoted a letter Smith like Sergeant Smith, who put their lives to David Smith, the 11-year-old son of wrote to his parents, but never mailed, on the line to advance the cause of free- Sgt. -
Lessons-Encountered.Pdf
conflict, and unity of effort and command. essons Encountered: Learning from They stand alongside the lessons of other wars the Long War began as two questions and remind future senior officers that those from General Martin E. Dempsey, 18th who fail to learn from past mistakes are bound Excerpts from LChairman of the Joint Chiefs of Staff: What to repeat them. were the costs and benefits of the campaigns LESSONS ENCOUNTERED in Iraq and Afghanistan, and what were the LESSONS strategic lessons of these campaigns? The R Institute for National Strategic Studies at the National Defense University was tasked to answer these questions. The editors com- The Institute for National Strategic Studies posed a volume that assesses the war and (INSS) conducts research in support of the Henry Kissinger has reminded us that “the study of history offers no manual the Long Learning War from LESSONS ENCOUNTERED ENCOUNTERED analyzes the costs, using the Institute’s con- academic and leader development programs of instruction that can be applied automatically; history teaches by analogy, siderable in-house talent and the dedication at the National Defense University (NDU) in shedding light on the likely consequences of comparable situations.” At the of the NDU Press team. The audience for Washington, DC. It provides strategic sup- strategic level, there are no cookie-cutter lessons that can be pressed onto ev- Learning from the Long War this volume is senior officers, their staffs, and port to the Secretary of Defense, Chairman ery batch of future situational dough. The only safe posture is to know many the students in joint professional military of the Joint Chiefs of Staff, and unified com- historical cases and to be constantly reexamining the strategic context, ques- education courses—the future leaders of the batant commands. -
Administration of Barack Obama, 2011 the President's News Conference
Administration of Barack Obama, 2011 The President's News Conference With Prime Minister Nuri al-Maliki of Iraq December 12, 2011 President Obama. Please have a seat. Good afternoon, everyone. When I took office, nearly 150,000 American troops were deployed in Iraq, and I pledged to end this war, responsibly. Today, only several thousand troops remain there, and more are coming home every day. This is a season of homecomings, and military families across America are being reunited for the holidays. In the coming days, the last American soldiers will cross the border out of Iraq with honor and with their heads held high. After nearly 9 years, our war in Iraq ends this month. Today I'm proud to welcome Prime Minister Maliki, the elected leader of a sovereign, self-reliant, and democratic Iraq. We're here to mark the end of this war, to honor the sacrifices of all those who made this day possible, and to turn the page, begin a new chapter in the history between our countries, a normal relationship between sovereign nations, an equal partnership based on mutual interests and mutual respect. Iraq faces great challenges, but today reflects the impressive progress that Iraqis have made. Millions have cast their ballots—some risking or giving their lives—to vote in free elections. The Prime Minister leads Iraq's most inclusive government yet. Iraqis are working to build institutions that are efficient and independent and transparent. Economically, Iraqis continue to invest in their infrastructure and development. And I think it's worth considering some remarkable statistics. -
Lead Inspector General for Operation Freedom's Sentinel April 1, 2021
OFS REPORT TO CONGRESS FRONT MATTER OPERATION FREEDOM’S SENTINEL LEAD INSPECTOR GENERAL REPORT TO THE UNITED STATES CONGRESS APRIL 1, 2021–JUNE 30, 2021 FRONT MATTER ABOUT THIS REPORT A 2013 amendment to the Inspector General Act established the Lead Inspector General (Lead IG) framework for oversight of overseas contingency operations and requires that the Lead IG submit quarterly reports to Congress on each active operation. The Chair of the Council of Inspectors General for Integrity and Efficiency designated the DoD Inspector General (IG) as the Lead IG for Operation Freedom’s Sentinel (OFS). The DoS IG is the Associate IG for the operation. The USAID IG participates in oversight of the operation. The Offices of Inspector General (OIG) of the DoD, the DoS, and USAID are referred to in this report as the Lead IG agencies. Other partner agencies also contribute to oversight of OFS. The Lead IG agencies collectively carry out the Lead IG statutory responsibilities to: • Develop a joint strategic plan to conduct comprehensive oversight of the operation. • Ensure independent and effective oversight of programs and operations of the U.S. Government in support of the operation through either joint or individual audits, inspections, investigations, and evaluations. • Report quarterly to Congress and the public on the operation and activities of the Lead IG agencies. METHODOLOGY To produce this quarterly report, the Lead IG agencies submit requests for information to the DoD, the DoS, USAID, and other Federal agencies about OFS and related programs. The Lead IG agencies also gather data and information from other sources, including official documents, congressional testimony, policy research organizations, press conferences, think tanks, and media reports. -
For Immediate Release August 16, 2021 Chairman Ted Harvey
For Immediate Release August 16, 2021 Chairman Ted Harvey Chairman of the Committee to Defeat the President Senator Ted Harvey Urges the Chairman of the Joint Chiefs of Staff and the Secretary of Defense to Resign Immediately Alexandria, VA – The disaster unfolding in Afghanistan was not hard to predict by any foreign policy expert or student of history. My brother has served more than thirty years as a career foreign services officer in our government and spent the majority of his time serving in U.S. Embassies throughout the Middle East. He once predicted, “any American civilian on the ground in Afghanistan by the middle of August would be evacuated by helicopter” – what a prophetic statement. How could the Biden Administration not see this coming and how could they be so naive? This will go down as the greatest failure of United States leadership since the fall of Saigon. Why were any American civilians left anywhere in Afghanistan after March 1? The Chairman of the Joint Chiefs of Staff General Mark Milley, and the Secretary of Defense General Lloyd Austin (Ret.) have been more worried about pushing critical race theory (CRT), lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights, and mandating vaccines on our troops than they were in protecting our brave men and women on the ground in a war zone. They have failed our military. They have failed our civil servants in embassies around the world and they have failed our nation’s honor. They should both resign effective immediately! The only remaining question now is how soon will it be before we see President Biden sitting behind the Resolute desk in the Oval Office broadcasting to the American people saying, “I shall not seek, nor will I accept my party’s nomination to serve another term as your president?” ### Paid for by the Committee to Defeat the President Not authorized by any candidate or candidate’s committee. -
Unlawful Command Influence) (Bowe) § Sgt, U.S
IN A GENERAL COURT-MARTIAL SECOND JUDICIAL CIRCUIT, U.S. ARMY TRIAL JUDICIARY FORT BRAGG, NORTH CAROLINA UNITED STATES § § v. § THIRD DEFENSE § MOTION TO COMPEL BERGDAHL, ROBERT BOWDRIE § (UNLAWFUL COMMAND INFLUENCE) (BOWE) § SGT, U.S. Army § Headquarters and Headquarters § 30 June 2016 Company § Special Troops Battalion, § Fort Bragg, North Carolina 28310 RELIEF SOUGHT In accordance with RCM 701(g)(3) and 906(b)(7), the Defense moves to compel production of the matters referred to in our 26 May, and 8 and 14 June 2016 discovery requests. BURDEN OF PROOF AND STANDARD OF PROOF As the moving party, the burden of proof is on the Defense by a preponderance of the evidence. RCM 905(c)(1). FACTS This case is among the most politically charged courts-martial in Army history. Attuned to the public and political pressure, Army officials have treated this case differently from those of other similarly situated accused Soldiers. As a result, the Defense has a duty to investigate all actions that reflect or may constitute unlawful command influence (UCI). Among the matters that must be investigated as a matter of effective assistance of counsel are the following: D APP 23 - #1 U.S. v. Robert Bowdrie Bergdahl Third Defense Motion To Compel (UCI) 1. An AR 15-6 investigation in which the investigating officer was asked to make frequent updates to Army leadership, including the Director of the Army Staff, the Chief of Staff of the Army, and the Secretary of the Army; 2. Documented interest in the progress of the prosecution of the case expressed by both the House and Senate Committees on Armed Services (HASC and SASC) to Army and DoD leaders; 3. -
Ausaextra December 10.Indd
PUBLISHED BY THE ASSOCIATION OF THE UNITED STATES ARMY www.ausa.org IN THIS ISSUE VOLUME 2 NUMBER 32 DECEMBER 10, 2020 Review Prompts Safety Improvements 3 Army Reserve CSM Speaks at AUSA Event 4 Government Affairs Defense Legislation Progresses 6 Chapter Highlight Retired Gen. Lloyd Austin presents the General Colin L. Powell Lecture for students of the 2019 Greater Los Angeles Command and General Staff Officers’ Course at Fort Leavenworth, Kansas. (U.S. ARMY PHOTO) 7 Austin nominated for defense secretary retired Army four-star general require a congressional waiver be- Biden wrote. is President-elect Joe Biden’s cause the National Security Act of “He played a crucial role in bring- A choice to become his secretary 1947, last modified in 2008, requires ing 150,000 American troops home of defense, a historic selection because a minimum seven-year gap between from the theater of war. Pulling that Gen. Lloyd Austin would be only the active-duty service and an appoint- off took more than just the skill and third retired general officer to serve ment to be defense secretary. strategy of a seasoned soldier. It re- in the post and the first Black person A waiver was granted in 2017 allow- quired Austin to practice diplomacy, to lead DoD. ing retired Marine Gen. Jim Mattis to building relationships with our Iraqi The 67-year-old Austin retired serve as defense secretary. A waiver counterparts and with our partners from the Army in 2016 after rising was also required in 1950 for General in the region. He served as a states- to serve as the 33rd Army vice chief of the Army George Marshall. -
Biden Meets Joint Chiefs Chairman Mark Milley and Defense Secretary Lloyd Austin at the White House by Geoff Earle, Deputy U.S
Biden meets Joint Chiefs Chairman Mark Milley and Defense Secretary Lloyd Austin at the White House By Geoff Earle, Deputy U.S. Political Editor For Dailymail.com and Reuters 11:49 EDT 18 Aug 2021 , updated 17:04 EDT 18 Aug 2021 1hr ago Finally taking Afghanistan crisis seriously, Joe? Four days after catastrophe began, President holds talks in the Situation Room with Kamala - who has laid low for six days - and Mark Milley, Lloyd Austin and Anthony Blinken President met with top military and security officials at the Wednesday amid the unfolding chaos in – as he prepared to try to explain the situation to the American people once again in a sit-down interview. The president returned to the White House Tuesday evening, cutting short a trip to Camp David amid the rush to evacuate Americans and foreign nationals from the airport in Kabul. The White House blasted out a photo image of the meeting Wednesday afternoon, in the latest public demonstration that Biden was in command, following days of televised images on television that the White House called 'heartbreaking.' He was seated at the head of a table in the White House Situation Room, with Vice President Kamala Harris, who has had a low profile amid the calamity in Kabul, seated to his right. The president's black mask can be seen dangling from his ear. Seated around the table are Secretary of State Antony Blinken, whose agency is struggling to process potential Afghan special immigrants, National Security Advisor Jake Sullivan, Pentagon chief Lloyd Austin, and Chairman of the Joint Chiefs of Staff Mark Milley.