Resistance against appointing the first black Department of Defense secretary may come strongest from Senate Democrats.
Although some have already voiced their opposition to President-elect Joe Biden’s intention to nominate Gen. Lloyd Austin to run the country’s national security and military agency, earning the votes of many Democrats in a confirmation hearing would require a transparent act of hypocrisy.
During the 2017 confirmation hearing for James Mattis, who served as President Trump’s first defense secretary, Democrats objected to giving the post to someone with a career in the military, citing the precedent of civilian control over the armed forces. Former military personnel who wish to serve as Defense Department secretaries must first receive a waiver from Congress. Such exemptions have only been granted twice in the department’s history.
Seventeen Democrats voted against the waiver for Mattis, including Sens. Tammy Baldwin of Wisconsin, Cory Booker of New Jersey, Dick Durbin of Illinois, Kirsten Gillibrand of New York, Patrick Leahy of Vermont, Ed Markey of Massachusetts, Jeff Merkley of Oregon, Chris Murphy of Connecticut, Patty Murray of Washington, Tom Udall of New Mexico, Chris Van Hollen of Maryland, and Ron Wyden of Oregon.
Some senators have already signaled their opposition to Austin, including Sens. Elizabeth Warren of Massachusetts, Richard Blumenthal of Connecticut, Jon Tester of Montana, and Tammy Duckworth of Illinois.
“I have a lot of respect and admiration for General Austin … but I believe that a waiver for the seven-year rule would contravene the basic principle that there should be civilian control over a nonpolitical military,” Blumenthal told reporters earlier this month. “That principle is essential to our democracy. That’s the reason for the statute, which I think has to be applied, unfortunately, in this instance.”
Those “no” votes appeared aligned with the Democratic National Committee’s platform, which pledged to “end the Trump administration’s politicization of the armed forces and distortion of civilian and military roles in decision-making. We will reinstate national security policymaking processes that advance competent civilian control.”
Some senators who voted against Mattis, such as Sanders, appear ready to perform an about-face on the issue. In an interview with MSNBC’s Katy Tur on Dec. 8, Sanders said his “inclination is” to support a waiver for Austin, despite outcry from the Democratic Party’s left-wing base that his history of working with defense contractors is disqualifying.
“We also find it distressing that within months of retiring from the Pentagon, Austin joined the board of weapons maker Raytheon, a company that makes bombs that the Saudis are using to inflict tremendous death and suffering on the people of Yemen,” activist group Code Pink wrote in a statement. “Another concern is his investments in the private equity fund Pine Island Capital Partners, a private equity firm that specializes in military contractors.”
Sen. Jack Reed of Rhode Island, the ranking Democrat on the Armed Services Committee, promised never to grant another waiver following Mattis’s confirmation. But in a recent statement, the senator’s position appears to be softening, saying, “I think the burden of proof is on the administration, and it also comes down ultimately to the quality of the nominee.”
Democratic leadership appears split on the issue with Senate Minority leader Chuck Schumer saying he needed to “study” Austin’s nomination, while House Speaker Nancy Pelosi applauded Biden for the announcement, calling Austin “a highly qualified and widely respected leader.”
The building resistance to Austin’s nomination means Biden may depend on Republicans to confirm one of his most important Cabinet picks. Only one GOP House member objected to Mattis receiving a waiver in 2017, and some Senate Republicans have signaled an openness to Biden’s pick.
“I always support waivers,” said Sen. James Inhofe, an Oklahoma Republican and chairman of the Armed Services Committee, when asked about Austin’s nomination.
However, other Republicans, such as Arkansas Sen. Tom Cotton, echoed the same concerns as some Democrats about falling into a pattern of granting exemptions to the department’s long history of leadership having a clear distance from the military.
“I, like many other senators, have real reservations about giving another waiver,” Cotton said. “I can tell you that senators across the spectrum, from liberal Democrats to conservative Republicans, are opposed to doing that again.”
Should he be confirmed, Austin would be the first black defense chief. His previous military experience included serving as commander of U.S. Central Command. He retired from the military in 2016 after nearly 40 years.
