The Chief Management Officer of the Department of Defense: an Assessment
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No. 20-17132 in the UNITED STATES COURT of APPEALS
Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-6, Page 1 of 63 No. 20-17132 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATIONAL ASSOCIATION OF MANUFACTURERS, et al., Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY, et al., Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. 4:20-cv-4887-JSW The Hon. James S. White DEFENDANTS-APPELLANTS’ EXCERPTS OF RECORD Volume 6 of 6 ER 958–1018 JEFFREY BOSSERT CLARK JOSHUA S. PRESS Acting Assistant Attorney General Trial Attorney WILLIAM C. PEACHEY United States Department of Justice Civil Division, Director Office of Immigration Litigation MATTHEW J. GLOVER District Court Section Senior Counsel to the Assistant P.O. Box 868, Ben Franklin Station Attorney General Washington, DC 20044 GLENN M. GIRDHARRY Phone: (202) 305-0106 Assistant Director Fax: (202) 305-7000 e-Mail: [email protected] AARON S. GOLDSMITH Senior Litigation Counsel Attorneys for Defendants-Appellants Case: 20-17132, 11/20/2020, ID: 11901254, DktEntry: 22-6, Page 2 of 63 TABLE OF CONTENTS ECF DATE DESCRIPTION PAGES No. 1 07/21/2020 Complaint ER 0958 11/13/2020 District Court Docket Sheet ER 1001 Case:Case 20-17132, 3:20-cv-04887 11/20/2020, Document ID: 11901254, 1 Filed DktEntry: 07/21/20 22-6, Page Page 1 of 343 of 63 1 MCDERMOTT WILL & EMERY LLP Paul W. Hughes (Pro Hac Vice to be filed) 2 [email protected] Michael B. Kimberly (Pro Hac Vice to be filed) 3 [email protected] 500 North Capitol Street NW 4 Washington, DC 20001 5 (202) 756-8000 6 MCDERMOTT WILL & EMERY LLP William G. -
The Public Eye, Summer 2010
Right-Wing Co-Opts Civil Rights Movement History, p. 3 TheA PUBLICATION OF POLITICAL R PublicEyeESEARCH ASSOCIATES Summer 2010 • Volume XXV, No.2 Basta Dobbs! Last year, a coalition of Latino/a groups suc - cessfully fought to remove anti-immigrant pundit Lou Dobbs from CNN. Political Research Associates Executive DirectorTarso Luís Ramos spoke to Presente.org co-founder Roberto Lovato to find out how they did it. Tarso Luís Ramos: Tell me about your organization, Presente.org. Roberto Lovato: Presente.org, founded in MaY 2009, is the preeminent online Latino adVocacY organiZation. It’s kind of like a MoVeOn.org for Latinos: its goal is to build Latino poWer through online and offline organiZing. Presente started With a campaign to persuade GoVernor EdWard Rendell of PennsYlVania to take a stand against the Verdict in the case of Luis RamíreZ, an undocumented immigrant t t e Who Was killed in Shenandoah, PennsYl - k n u l Vania, and Whose assailants Were acquitted P k c a J bY an all-White jurY. We also ran a campaign / o t o to support the nomination of Sonia h P P SotomaYor to the Supreme Court—We A Students rally at a State Board of Education meeting, Austin, Texas, March 10, 2010 produced an “I Stand With SotomaYor” logo and poster that people could displaY at Work or in their neighborhoods and post on their Facebook pages—and a feW addi - From Schoolhouse to Statehouse tional, smaller campaigns, but reallY the Curriculum from a Christian Nationalist Worldview Basta Dobbs! continues on page 12 By Rachel Tabachnick TheTexas Curriculum IN THIS ISSUE Controversy objectiVe is present—a Christian land goV - 1 Editorial . -
'Broken Borders' and Stone Walls
Talk of ‘Broken Borders’ and Stone Walls 21 Talk of ‘Broken Borders’ and Stone Walls: Anti-immigrant Discourse and Legislation from California to South Carolina Ann Kingsolver University of South Carolina The anti-immigrant sentiments that propelled the passage of California Proposition 187 in 1994 – linked to an economic downturn and worries about NAFTA – have been echoed across the U.S. over the intervening sixteen years. This article briefly reviews public discourse about anti-immigrant legislation in a wave of other states from California to South Carolina, and discusses the convergence of anti- immigrant and white supremacist projects in the U.S., using the concepts of market citizenship and citizen surveillance. As new anti-immigrant legislation is proposed in the South, understanding it within its national and historical context is important. This discussion includes consideration of the role of metaphor in both fueling and countering anti-immigrant discourse. Anti-immigrant discourse: ‘broken’ borders and stone walls Legislation that may be worded in terms of protecting U.S. or state citizens but be referred to in public discourse as anti-immigration or anti-immigrant legislation has been making its way through statehouses across the U.S. over the past decade and a half. This is the latest round of legislation blaming recent immigrants (often from a specific nation or set of nations) for economic hardship or criminal activity in the U.S., which is portrayed as possible to alleviate with the removal or barring of undocumented or “illegal immigrants.” The research question taken up here is: what larger discursive projects (e.g., racializing projects, cf. -
AT&L Workforce—Key Leadership Changes
AT&L Workforce—Key Leadership Changes Esper Would Continue Pentagon Emphasis on Readiness, Partnerships, Reform DEPARTMENT OF DEFENSE NEWS (JULY 16, 2019) David Vergun Army Secretary Dr. Mark T. Esper told senators that he would continue to prioritize training, modernization, build- ing alliances and partnerships, and reforming the Pentagon if he’s confirmed to serve as secretary of defense. Esper, President Donald J. Trump’s nominee to assume the Pentagon’s top post, testified at his Senate Armed Services Committee confirmation hearing. The committee will make a recommendation to the full Senate for its vote on whether to confirm Esper for the job. In his opening statement, Esper noted the growing threats posed by great power competitors such as China and Rus- sia and told the panel that these threats warrant a refocus to training, research and development, and equipping for Army Secretary Dr. Mark Esper high-intensity conflict, particularly in the space and cyber domains. DoD photo At the same time, he said, the military must be prepared considerations last month. The president then appointed to respond to regional threats posed by Iran, North Korea, Esper to serve as acting defense secretary. and terrorist groups around the world. ‘’Our adversaries must see diplomacy as their best option, because war with Yesterday, the Senate received the president’s formal nomi- the United States will force them to bear enormous costs,’’ nation of Esper to be secretary of defense. At that time, by he said. law, Esper ceased to serve as acting defense secretary, and his sole title became secretary of the Army. -
The History and Politics of Defense Reviews
C O R P O R A T I O N The History and Politics of Defense Reviews Raphael S. Cohen For more information on this publication, visit www.rand.org/t/RR2278 Library of Congress Cataloging-in-Publication Data is available for this publication. ISBN: 978-0-8330-9973-0 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2018 RAND Corporation R® is a registered trademark. Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface The 1993 Bottom-Up Review starts with this challenge: “Now that the Cold War is over, the questions we face in the Department of Defense are: How do we structure the armed forces of the United States for the future? How much defense is enough in the post–Cold War era?”1 Finding a satisfactory answer to these deceptively simple questions not only motivated the Bottom-Up Review but has arguably animated defense strategy for the past quarter century. -
GAO: Reporting the Facts, 1981-1996, the Charles A. Bowsher Years
GAO: REPORTING THE FACTS, 1981-1996 The Charles A. Bowsher Years Maarja Krusten, GAO Historian A GAO: REPORTING THE FACTS, 1981-1996 The Charles A. Bowsher Years Maarja Krusten, Historian U.S. Government Accountability Office Washington, DC January 2018 Contents 1. PREFACE: GAO Sounds the Alarm on a Major Financial Crisis ................................................... 1 2. Setting the Scene ........................................................... 8 GAO’s evolution from 1921 to 1981 .............................. 9 Charles A. Bowsher’s background, 1931-1981 ..............14 3. Bowsher’s Early Assessments of GAO’s Organization and Operations ...................................... 25 4. Managing the Cost of Government and Facing the Facts on the Deficit .................................... 48 5. Early Examinations of Reporting and Timeliness ....................................................................57 6. Managing and Housing a Diverse and Multi-Disciplinary Workforce .................................... 66 7. Pay for Performance .................................................... 89 8. Re-Establishment of GAO’s Investigative Function ....................................................................... 94 9. Looking at the Big Picture .........................................101 10. The Broad Scope of GAO’s Reports ..........................106 11. GAO’s Position Within the Government ....................119 12. Client Outreach and Quality Management .................125 GAO’s quality management initiative ........................128 -
Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress
Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress September 16, 2021 Congressional Research Service https://crsreports.congress.gov RL32665 Navy Force Structure and Shipbuilding Plans: Background and Issues for Congress Summary The current and planned size and composition of the Navy, the annual rate of Navy ship procurement, the prospective affordability of the Navy’s shipbuilding plans, and the capacity of the U.S. shipbuilding industry to execute the Navy’s shipbuilding plans have been oversight matters for the congressional defense committees for many years. In December 2016, the Navy released a force-structure goal that calls for achieving and maintaining a fleet of 355 ships of certain types and numbers. The 355-ship goal was made U.S. policy by Section 1025 of the FY2018 National Defense Authorization Act (H.R. 2810/P.L. 115- 91 of December 12, 2017). The Navy and the Department of Defense (DOD) have been working since 2019 to develop a successor for the 355-ship force-level goal. The new goal is expected to introduce a new, more distributed fleet architecture featuring a smaller proportion of larger ships, a larger proportion of smaller ships, and a new third tier of large unmanned vehicles (UVs). On June 17, 2021, the Navy released a long-range Navy shipbuilding document that presents the Biden Administration’s emerging successor to the 355-ship force-level goal. The document calls for a Navy with a more distributed fleet architecture, including 321 to 372 manned ships and 77 to 140 large UVs. A September 2021 Congressional Budget Office (CBO) report estimates that the fleet envisioned in the document would cost an average of between $25.3 billion and $32.7 billion per year in constant FY2021 dollars to procure. -
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. -
Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 116 CONGRESS, FIRST SESSION
E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 116 CONGRESS, FIRST SESSION Vol. 165 WASHINGTON, THURSDAY, DECEMBER 19, 2019 No. 206 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, House amendment to the Senate called to order by the Honorable THOM PRESIDENT PRO TEMPORE, amendment), to change the enactment TILLIS, a Senator from the State of Washington, DC, December 19, 2019. date. North Carolina. To the Senate: McConnell Amendment No. 1259 (to Under the provisions of rule I, paragraph 3, Amendment No. 1258), of a perfecting f of the Standing Rules of the Senate, I hereby appoint the Honorable THOM TILLIS, a Sen- nature. McConnell motion to refer the mes- PRAYER ator from the State of North Carolina, to perform the duties of the Chair. sage of the House on the bill to the The Chaplain, Dr. Barry C. Black, of- CHUCK GRASSLEY, Committee on Appropriations, with in- fered the following prayer: President pro tempore. structions, McConnell Amendment No. Let us pray. Mr. TILLIS thereupon assumed the 1260, to change the enactment date. Eternal God, You are our light and Chair as Acting President pro tempore. McConnell Amendment No. 1261 (the salvation, and we are not afraid. You instructions (Amendment No. 1260) of f protect us from danger so we do not the motion to refer), of a perfecting na- tremble. RESERVATION OF LEADER TIME ture. Mighty God, You are not intimidated The ACTING PRESIDENT pro tem- McConnell Amendment No. 1262 (to by the challenges that confront our Na- pore. -
IN the SENATE of the UNITED STATES Sitting As a Court of Impeachment in Re IMPEACHMENT of PRESIDENT DONALD J. TRUMP TRIAL MEMORA
IN THE SENATE OF THE UNITED STATES Sitting as a Court of Impeachment In re IMPEACHMENT OF PRESIDENT DONALD J. TRUMP TRIAL MEMORANDUM OF THE UNITED STATES HOUSE OF REPRESENTATIVES IN THE IMPEACHMENT TRIAL OF PRESIDENT DONALD J. TRUMP United States House of Representatives Adam B. Schiff Jerrold Nadler Zoe Lofgren Hakeem S. Jeffries Val Butler Demings Jason Crow Sylvia R. Garcia U.S. House of Representatives Managers TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................... 1 BACKGROUND .............................................................................................................................................. 9 I. CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT .................................................... 9 II. THE HOUSE’S IMPEACHMENT OF PRESIDENT DONALD J. TRUMP AND PRESENTATION OF THIS MATTER TO THE SENATE .............................................................................................................. 12 ARGUMENT ................................................................................................................................................... 16 I. THE SENATE SHOULD CONVICT PRESIDENT TRUMP OF ABUSE OF POWER .................................. 16 A. President Trump Exercised His Official Power to Pressure Ukraine into Aiding His Reelection ................................................................................................................................... -
Defining Endless Wars
January 2021 Defining Endless Wars The First Step Towards Ending Them David Sterman Last edited on January 21, 2021 at 9:47 a.m. EST Acknowledgments Thanks are due to Jason Fritz, Eric Robinson, Nate Rosenblatt, Alexandra Stark, and Andrew Zammit for comments and critiques on various forms of the argument and research presented here. Joe Wilkes and Maria Elkin layed out and produced the paper and its graphics. Finally, thanks to Hugo Kirk and Jerrod Laber at the Charles Koch Institute for their support of this research. newamerica.org/international-security/reports/defining-endless-wars/ 2 About the Author(s) David Sterman is a senior policy analyst at New America and holds a master's degree from Georgetown’s Center for Security Studies. About New America We are dedicated to renewing the promise of America by continuing the quest to realize our nation’s highest ideals, honestly confronting the challenges caused by rapid technological and social change, and seizing the opportunities those changes create. About International Security The International Security program aims to provide evidence-based analysis of some of the thorniest questions facing American policymakers and the public. We are focused on South Asia and the Middle East, extremist groups such as ISIS, al Qaeda and allied groups, the proliferation of drones, homeland security, and the activities of U.S. Special Forces and the CIA. newamerica.org/international-security/reports/defining-endless-wars/ 3 Contents Introduction 5 Endless War: A Term with a History and a Definition -
Fact-Finding Mission of the Budgetary Control Committee (CONT) to Washington
Fact-finding mission of the Budgetary Control Committee (CONT) to Washington 22 to 26 May 2017 Page 1 of 115 Page 2 of 115 TABLE OF CONTENTS 1. Draft programme .................................................................................................... 5 2. Background briefing by the Policy Department D on Budgetary Affairs .......... 11 3. Annexes to the background documentation 3.1. Background on the World Bank Senior Management team.....................................65 3.2. World Bank Framework Agreement .................................................................................73 3.3. World Bank & the European Commission - Portfolio at a glance............................ 79 3.4. World Bank (IBRD-IDA) Trust Fund Cost Recovery Reform .......................................83 3.5. Administrative Cooperation Agreement between the OLAF and the World Bank’s Integrity Vice Presidency......................................................................................................85 3.6. Directive: Bank Directive Cost Recovery Framework for Trust Funds ................... 97 3.7. List of Trust Funds funded by the EU under the new World Bank cost recovery ....................................................................................................................................................... 103 3.8. Background on Gene L. Dodaro - Comptroller General (Head of Government Accountability Office)............................................................................................................105 3.9.