Former Pentagon leaders call for congressional waiver for Biden nominee Lloyd Austin

Amid mounting uncertainty among Democrats, three Pentagon leaders from Democratic administrations joined a letter calling on Congress to issue a waiver for President-elect Joe Biden’s nominee, recently retired Gen. Lloyd Austin, to serve as secretary of the Defense Department.

Austin is not eligible to serve in this position without a waiver because his retirement from the Army after four decades of service just four years ago does not fall within the legal requirement that he be out of uniform for seven years.

The three former Pentagon secretaries from the Obama and Clinton administrations are Chuck Hagel, Leon Panetta, and William Perry.

“The present circumstances surely represent an acute national crisis,” the letter stated.

“Now more than ever, we need an experienced, competent, organized, and respected Secretary of Defense,” it continued. “Every day that we do not have a Secretary in place is a day that emboldens those who wish our nation harm.”

The letter argued that Congress has the authority to grant a waiver “during times of national peril.”

Prominent names absent from the signatories were President Trump’s designates James Mattis, who received the last congressional waiver, and Mark Esper, as well as Robert Gates, who served both former Presidents George W. Bush and Barack Obama.

The Pentagon has had an acting secretary of defense since Esper was fired on Nov. 9.

The letter, which was also signed by bipartisan former deputy defense secretaries and service secretaries of the Army, Navy, and Air Force, comes amid concern that a lengthy confirmation battle would harm national security.

The Senate Armed Services Committee is set to hold its first nomination hearing for Austin on Wednesday at 3 p.m. The letter comes just a week after senators heard testimonies from experts who warned of the “dangerous precedent” that would be set should another military man be given a waiver to the 1947 National Security Act.

“It is clear that a lot of work must be done to restore civilian voices to their proper balance in the decision-making process at the Defense Department,” said Sen. Elizabeth Warren, a Massachusetts Democrat, at the Jan. 12 hearing.

“Civilian control of the military is a bedrock principle in our country,” she added. “I believe in this principle deeply. And that’s why I voted against rewriting federal law for Jim Mattis, and it’s what I’ve been saying for Lloyd Austin.”

The letter argued that Austin, the first black vice chief of the Army and head of the Central Command, is apt to root out white supremacy from the force.

While a handful of Democrats have voiced opposition to the waiver, many said they would vote to approve Austin’s nomination should the waiver be granted by their colleagues.

House Armed Services Committee Chairman Adam Smith introduced legislation calling for the waiver on Friday and urged Democrats and Republicans to support the measure.

“While I initially had concerns about the nomination of another recently retired general, Secretary-designate Austin has reinforced his understanding of the role civilian control of our military plays in the safety and security of our democracy and is committed to upholding this cherished principle,” he said in a statement.

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