| 'UNTIL HELL FREEZES OVER': Sen. Tommy Tuberville (R-AL) took to the Senate floor yesterday to defend his hold on more than 160 Pentagon nominees, including two civilians and 158 three and four-star officers who are waiting to take over new command assignments, in protest of the Pentagon's abortion travel policy. "I will stay here until hell freezes over. I am not going to be intimidated by a campaign of selective outrage," Tuberville said in his 10-minute floor speech, insisting his action was a last resort. "I gave the Pentagon fair warning … This was the Biden administration's choice. I'm keeping my word." Tuberville and other Republicans argue the Pentagon's policy of giving female troops paid time off and reimbursing travel expenses to seek reproductive care, including abortions, is a violation of the Hyde Amendment, the federal law that prohibits federal funding of abortions, except in the cases of rape, incest, or to save the life of the mother. The move has infuriated Democrats, who argue the hold on routine promotions is unprecedented and endangering national security. Tuberville's office responded with a list of eight previous times dating back to 1992 when both Democrats and Republicans placed military nominations on hold or threatened to do so. SENATE DEMOCRATS AND REPUBLICANS CLASH OVER TUBERVILLE PENTAGON ABORTION ACCESS PROTEST THE LEGAL ARGUMENT: At yesterday's House Armed Services Committee hearing, Defense Secretary Lloyd Austin was lectured about how his policy, which went into effect last month, was illegal under federal law. "You're not only causing division; you're exceeding your legal authority," Rep. Mike Johnson (R-LA) told Austin. "Title 10, Section 1093 explicitly prohibits funds available to the DOD from being used in abortion services. I get that you're trying to find a crafty workaround, but it's a blatant violation of the intent behind the statute." Under cross-examination, Austin insisted the travel policy "is based on sound legal basis," and cited an opinion by the Justice Department, which he said was available on the DOJ's "public-facing website." The opinion noted the law applies only to funds used to "perform abortions." In a letter to the Pentagon dated Oct. 3, the Justice Department noted the "plain text" of the law "does not prohibit the use of funds to pay expenses, such as a per diem or travel expenses, that are incidental to the abortion." "The last time I checked, not a single person in this country voted for you. You're not an elected official. You don't get to make this policy," Johnson said. "I'm going to ask you to repeal this unlawful policy. It will be challenged in court, I'm certain. It will -- you will certainly lose it. But save us all the hassle and follow the law. That's what I'm asking." WHAT CAN SCHUMER DO? If Tuberville sticks to his guns, Senate Majority Leader Chuck Schumer (D-NY) would be in a pickle. It's true, as Tuberville has noted, that "the majority leader can bring to the floor at any time" the promotions, which Tuberville says have grown to 184. But instead of approving the promotions all at once in a single vote by unanimous consent, Schumer would be forced to bring up each nomination on the floor under what's known as "regular order," which would result in a laborious process that could consume days or even weeks of the Senate's time. In addition, each individual vote could be filibustered, causing further delay. Senate Armed Services Committee Chairman Jack Reed (D-RI) accused Tuberville of mounting "a profound assault on the professionalism of the military." "The selection of our generals and flag officers is based on their performance, their dedication, their sacrifice, their service," Reed said. "Now, they're becoming political hostages. This is a dangerous, dangerous trend for our military and also for our political process." SENATE DEMOCRATS SAY TUBERVILLE RISKING NATIONAL SECURITY WITH HIS ABORTION PROTEST Good Thursday morning and welcome to Jamie McIntyre's Daily on Defense, written and compiled by Washington Examiner National Security Senior Writer Jamie McIntyre (@jamiejmcintyre) and edited by Conrad Hoyt. Email here with tips, suggestions, calendar items, and anything else. Sign up or read current and back issues at DailyonDefense.com. If signing up doesn't work, shoot us an email and we'll add you to our list. And be sure to follow us on Twitter: @dailyondefense. CLICK HERE TO SIGN UP OR READ BACK ISSUES OF DAILY ON DEFENSE Subscribe today to the Washington Examiner magazine and get Washington Briefing: politics and policy stories that will keep you up to date with what's going on in Washington. SUBSCRIBE NOW: Just $1.00 an issue! HAPPENING TODAY: Defense Secretary Lloyd Austin meets with Romanian Defense Minister Angel Tilvar at the Pentagon at 10:30 a.m. BREAKING THIS MORNING: RUSSIA DETAINS AMERICAN JOURNALIST AND ACCUSES HIM OF ESPIONAGE BIPARTISAN VOTE REPEALS 2 OUTDATED AUMFs: Turns out all that drama over the failure of the Pentagon to notify Congress of an attack in Syria at the same time the Senate was debating repealing two authorizations for combat in Iraq was nothing more than a momentary distraction. A fully informed Senate voted 66-to-30 to repeal the 1991 and 2002 authorizations for the use of military force, with 18 Republicans joining 48 Democrats in the bipartisan vote. The bill now goes to the Republican-led House. "It is the constitutional duty of Congress to ensure that the American people have a voice when our sons and daughters are sent into harm's way and that we not allow the president, no matter which party controls the executive branch, to maintain outdated authorizations of military force in order to continue U.S. military operations unabated," said Sen. Steve Daines (R-MT), one of the cosponsors of the bill. "Repealing the 1991 and 2002 AUMFs adhere to this constitutional principle and is the responsible thing to do." "The Senate's decision to repeal the 2002 Iraq AUMF without substituting something in its place will continue the narrative that America is withdrawing from the Middle East and abdicating its leadership role," said Sen. Lindsey Graham (R-SC) after the vote. "We have emboldened the Iranian-backed militias, put our troops at risk, and continued the narrative started by the disastrous Afghanistan withdrawal." Asked about the repeal during his congressional testimony yesterday, Austin said it would not hamper U.S. military operations in the region. "The 2001 AUMF provides us with what we need," said Austin. "If Congress does that, then we still have the ability to do what we need to do based upon the 2001." SENATE VOTES TO REPEAL IRAQ AND GULF WAR AUTHORIZATIONS, SENDING BILL TO THE HOUSE MILLEY: NO WAY TO STOP CHINA'S NUCLEAR PROGRAM: In his testimony before the House Armed Services Committee yesterday, Gen. Mark Milley, chairman of the Joint Chiefs of Staff, was asked about reports that Rosatom, Russia's state atomiс energy company, is providing China with highly enriched uranium, which will help Beijing accelerate its nuclear arsenal expansion. "We are probably not going to be able to do anything to stop, slow down, disrupt, interdict, or destroy the Chinese nuclear development program that they have projected out over the next ten to 20 years," Milley testified. "They're going to do that in accordance with their own plan. And there's very little leverage, I think, that we could do externally to prevent that from happening." But Milley argued that the basic tenet of nuclear weapons deterrence still applies, namely that any use of nuclear weapons would draw a devastating counterstrike. "We do that with China with an assured second strike. That's the best way that exists today with the technologies that exist." AUSTIN: NO REGRETS: One of the most surprising moments in yesterday's hearing came when Austin was asked point blank if he had any regrets about the evacuation mission in Afghanistan in 2021 in which 13 U.S. troops and at least 170 Afghan civilians were killed by a suicide bomber. Citing an interview that former U.S. Central Commander retired Gen. Frank McKenzie gave to the Washington Examiner's Mike Brest, Rep. Jim Banks (R-IN) said, "McKenzie repeated that he has many regrets about the botched, deadly and embarrassing withdrawal from Afghanistan and that he supports investigations into that withdrawal." "Do you have regrets about the withdrawal from Afghanistan?" he asked. "I support the president's decision," Austin responded. "Do you have regrets about their withdrawal or how the withdrawal occurred from Afghanistan that cost the lives of 13 of our service members?" Banks pressed. "I don't have any regrets," Austin replied, at which point Banks cut him off, saying, "You don't have any regrets. Secretary Austin, it's very telling … Has anyone been held accountable for what happened in Afghanistan? "To my knowledge, no," Austin replied. Later, when given a chance to expand on his answer, Austin said only, "I remain very proud of the tremendous work and the sacrifices that our troops made throughout our efforts in Afghanistan, but especially at the end as they worked hard to evacuate over 124,000 from there. And that, and work continues to ensure that the people that have helped us in Afghanistan, that and if they want to repatriate to the United States or someplace else, we can help them." LLOYD AUSTIN SAYS HE HAS 'ZERO REGRETS' ABOUT AFGHANISTAN WITHDRAWAL The Rundown Washington Examiner: Russia detains American journalist and accuses him of espionage Washington Examiner: Senate Democrats and Republicans clash over Tuberville Pentagon abortion access protest Washington Examiner: Lloyd Austin says he has 'zero regrets' about Afghanistan withdrawal Washington Examiner: Sinema and Gonzales to visit Arizona border as Congress stalls on immigration reform Washington Examiner: Federal agencies hit deadline to rid TikTok from government devices Washington Examiner: Biden condemns spyware in democracies amid Israel row Washington Examiner: GOP blasts DOJ 'trust issue' on FISA reauthorization as Garland points to China threat Washington Examiner: Taiwan's Tsai dismisses China's threat to 'fight back' if she meets McCarthy Washington Examiner: Inspectors general overseeing aid to Ukraine face lawmakers Washington Examiner: Senate votes to repeal Iraq and Gulf war authorizations, sending bill to the House Washington Examiner: Zelensky invites Xi to visit Ukraine: 'Ready to see him here' Washington Examiner: Zelensky says will to keep fighting hinges on battle of Bakhmut Washington Examiner: Ukraine flap may signal DeSantis 'growing pains' ahead of likely 2024 campaign Washington Examiner: Several dead after military helicopters crash in Kentucky Washington Examiner: Rand Paul and Josh Hawley clash in fiery Senate debate over TikTok ban Washington Examiner: Opinion: Biden's stunning weakness in face of Russia's drone aggression Washington Examiner: Opinion: America is in a new cold war with China Washington Examiner: Opinion: China fumes over Taiwan president's visit to US AP: Taiwan's president begins US visit to shore up support Washington Post: U.S. Says Taiwan President Is Just Passing Through. China's Not Amused. Fox News: China On 'Disturbing' Path To Eclipse U.S. Military By Mid-Century, Milley Warns AP: Ukraine's Zelensky: Any Russian victory could be perilous AP: Takeaways from AP's interview with Ukraine's Zelenskyy Reuters: Russia's Wagner Chief Says Battle For Bakhmut Has Damaged His Forces AP: Milley: U.S. Has Long Way To Go To Build Munitions Stockpile Stars and Stripes: U.S., South Korean Marines Resume Amphibious Training After Five-Year Lull The Guardian: Aukus Spending Sparks Calls To Boost Australia's Aid Budget 19fortyfive.com: 'It Looks Nuked': New Ukraine Footage Shows Entire City Wiped Out Bloomberg: Pentagon Says Only Half of Its F-35 Jet Fleet Is Mission-Ready USNI News: SECNAV Del Toro: Virginia Attack Sub Construction 'Significantly Behind,' District Of Columbia Submarine 10% Behind Schedule Seapower Magazine: Congressman Questions Navy's Delay In Super Hornet Contract Breaking Defense: Hypersonic Ship-Killer: Navy Taps Lockheed, Raytheon To Start Developing HALO Missile Newsweek: U.S. Won't Be 'Bullied' By China, Navy Carrier Group Commander Says 19fortyfive.com: Japan's Surface Fleet: A Navy Ready for War with China or North Korea? 19fortyfive.com: AR-500 Auto Max: The Most Powerful AR-15 You Can Legally Buy? 19fortyfive.com: F/A-XX: What We Know About the Navy's New Stealth Fighter Military.com: Top Military Officials Questioned Over Drag Shows On Military Bases Air & Space Forces Magazine: Proven Higher Cancer Risk for Pilots and Ground Crew Sparks Search for Causes Air & Space Forces Magazine: Pentagon Leaders Still Say 'No' to F-16s, MQ-9s for Ukraine Air & Space Forces Magazine: Collaborative Combat Aircraft Will Join the Air Force Before NGAD Calendar THURSDAY | MARCH 30 8:30 a.m. 2118 Rayburn — House Armed Services Cyber, Information Technologies, and Innovation Subcommittee hearing: "Cyberspace Operations: Conflict in the 21st Century," with testimony from John Plumb, principal cyber advisor to the secretary of defense and assistant secretary of defense for space policy; and Army Gen. Paul Nakasone, commander, U.S. Cyber Command https://armedservices.house.gov/hearings/cyber-information 9:30 a.m. G50 Dirksen — Senate Armed Services Committee hearing "Posture of the Department of the Army in Review of the Defense Authorization Request for Fiscal Year 2024 and the Future Years Defense Program," with testimony from Army Secretary Christine Wormuth; and Army Chief of Staff Gen. James McConville https://www.armed-services.senate.gov/hearings 9:30 a.m. — Henry Stimson Center virtual discussion: "If We Don't Sell: What Happens When States are Cut Off from U.S. Arms?" with Rep. Sara Jacobs (D-CA); Annie Shiel, U.S. advocacy director at the Center for Civilians in Conflict; and Elias Yousif, research analyst at the Stimson Conventional Defense Program https://www.stimson.org/event/if-we-dont-sell-what-happens 10 a.m. 1740 Massachusetts Ave. NW — Brookings Institution holds its ninth annual "Justice Stephen Breyer Lecture" on "Russia's aggression against Ukraine and the international legal order," with Oona Hathaway, professor of international law at Yale Law School; Maarten Boef, deputy ambassador at the Netherlands Embassy; and Marielle Vavier, deputy mayor of The Hague https://www.brookings.edu/events/russias-aggression-against-ukraine 12:30 p.m. 214 Massachusetts Ave. NE — Heritage Foundation discussion: "Restoring the Military's Focus on Warfighting," with Rep. Michael Waltz (R-FL) https://www.heritage.org/defense/event/restoring-the-militarys-focus-warfighting 12:45 p.m. House Triangle — House Democrats news conference on the "Women's Health Protection Act of 2023," which is designed to protect abortion access, with House Minority Leader Hakeem Jeffries (D-NY); Rep. Judy Chu (D-CA); Rep. Lois Frankel (D-FL); Rep. Ayanna Pressley (D-MA); and Rep. Veronica Escobar (D-TX). Contact Christiana.Stephenson@mail.house.gov 1 p.m. 1330 Maryland Avenue S.W. — National Review Institute 2023 Ideas Summit, with Sen. Tom Cotton (R-AR) delivering remarks on the U.S. military https://web.cvent.com/event/ 1 p.m. 300 Pennsylvania Ave. NW — Wilson Center Kennan Institute for Advanced Russian Studies discussion: "Putin's Concept of International Law," with Lauri Malksoo, professor of international law at the University of Tartu, Estonia https://www.wilsoncenter.org/event/putins-concept-international-law 1:30 p.m. 1616 Rhode Island Ave. — Center for Strategic and International Studies discussion: "The Future of AUKUS," with retired Adm. Harry Harris, former commander of U.S. Pacific Command https://www.csis.org/events/future-aukus-admiral-harry-harris-jr-usn-ret 2 p.m. — Center for Strategic and International Studies virtual book discussion on White Sun War: The Campaign for Taiwan, with author Mick Ryan, nonresident fellow at CSIS https://www.csis.org/events/book-event-white-sun-war-campaign-taiwan 3 p.m. 214 Massachusetts Ave. — Heritage Foundation discussion: "Restoring the Military's Focus on Warfighting," with Rep. Michael Waltz (R-FL) https://www.heritage.org/defense/event/restoring-the-militarys-focus-warfighting 3 p.m. — Center for a New American Security virtual discussion: "The Biden Administration's Indo-Pacific Strategy," with Kurt Campbell, deputy assistant to the president and National Security Council coordinator for Indo-Pacific affairs https://www.cnas.org/events/virtual-fireside-kurt-campbell FRIDAY | MARCH 31 8:30 a.m. 1330 Maryland Ave. SW — National Review Institute 2023 Ideas Summit, with former Vice President Mike Pence; and former Attorney General Bill Barr delivering remarks on "rule of law" https://web.cvent.com/event 9:30 a.m. — Henry Stimson Center virtual discussion: "Japan's New National Security Strategy: Allies & Partners," with Ken Jimbo, professor at Keio University; Tomohiko Satake, senior fellow at the National Institute for Defense Studies; Kei Koga, associate professor at Nanyang Technological University; Yoko Iwama, professor at the National Graduate Institute for Policy Studies; and Masahiro Kurita, senior fellow at the National Institute for Defense Studies https://www.stimson.org/event/japans-new-national-security-strategy 10 a.m. — Bipartisan Policy Center virtual discussion: "Housing America's Military Families," with Shannon Razsadin, president and executive director of the Military Family Advisory Network; and Jessica Strong, senior director of applied research at Blue Star Families https://bipartisanpolicy.org/event/housing-americas-military-families 10 a.m. 37th and O Sts. NW— Georgetown University Center for Contemporary Arab Studies conference: "Iraq 2023: Twenty Years On" https://www.georgetown.edu/event/iraq-2023-twenty-years-on TUESDAY | APRIL 4 TBA Brussels, Belgium — Two-day meeting of NATO foreign ministers at NATO headquarters, with U.S. Secretary of State Anthony Blinken https://www.nato.int/cps/en/natohq/news_212528.htm WEDNESDAY | APRIL 5 9 a.m. 1616 Rhode Island Ave. NW — Center for Strategic and International Studies "Global Security Forum Focused on Transatlantic Defense," with Adm. Christopher Grady, Joint Chiefs vice chairman; William LaPlante, undersecretary of defense for acquisition and sustainment; Marek Magierowski, Polish ambassador to the U.S.; and German Air Force Gen. Chris Badia, deputy supreme allied commander transformation, NATO https://www.csis.org/events/2023-global-security-forum-transatlantic-defense | | | "I will stay here until hell freezes over. I am not going to be intimidated by a campaign of selective outrage. And let me remind the chairman: I gave the Pentagon fair warning. They chose to go forward with this policy. … This was the Biden administration's choice. I'm keeping my word."
| Sen. Tommy Tuberville (R-AL), vowing to hold up military promotions until the Pentagon ends its policy of paying travel expenses for troops seeking abortions
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