Politico - 09 12 2020

2020·4.56 MB·English

VOL. 14 • NO. 67 | WEDNESDAY, DECEMBER 9, 2020 | POLITICO.COM
SCOTUS rejects bid to overturn Flournoy Steakhouses, bars and ski trips: Matt
Biden’s win in Pennsylvania denied again GOP carries on amid pandemic Wuerker
In a one-sentence order, the high court Pick frustrates women Many Republicans are refusing The cartoonist’s
acted without comment or noted who sought a different to let the coronavirus interfere daily take on the
dissent in the matter history-maker. with their holiday plans. world of politics.
PAGE 7 PAGE 8 PAGE 4 PAGE 18
Dems signal
early opposition
to Defense pick
But their resistance to providing Austin with
a waiver isn’t likely to sink his nomination
BY ANDREW DESIDERIO
AND CONNOR O’BRIEN
President-elect Joe Biden’s
choice to lead the Pentagon is fac-
ing early resistance from Demo-
crats on Capitol Hill, indicating
a potentially rocky confirmation
process for one of the top Cabinet
posts.
Retired Army Gen. Lloyd Austin,
who has yet to be officially unveiled
as Biden’s nominee for Defense
PATRICK SEMANSKY/AP secretary, is already running into
President Donald Trump Trump hasn’t had a single veto overridden, with Republicans loath to confront stiff opposition from some Demo- AP FILE PHOTO 2015
such a wildly popular figure among the GOP base, but many in his party are signaling they’ll override a veto. crats, many of whom appeared un- Retired Gen. Lloyd Austin, who
willing on Tuesday to exempt him left the military in 2016, led U.S.
from a law intended to preserve ci- Central Command and was the top
Republicans plot their first
vilian control of the military. U.S. commander in Iraq.
That rule — which requires a
Pentagon chief to be at least seven
and last Trump rebellion years removed from the military — Trump’s first Defense secretary.
isn’t likely to tank Austin’s nomi- “This is becoming a trend, and I
nation, with key Republicans say- don’t like it. It is difficult to imag-
ing Tuesday they would support ine voting for a Mattis waiver and
providing the prospective nominee not an Austin waiver,” Sen. Brian
After four years of hand-wringing over Trump’s presidency, the
a waiver. But several Biden allies Schatz (D-Hawaii), who supported
annual defense policy bill is where GOP lawmakers draw the line expressed concerns about grant- a Mattis waiver, told POLITICO. “I
ing a waiver for Austin just a few think for everybody it’s going to be
years after supporting one for hard to justify doing it for one dis-
BY BURGESS EVERETT In a 30-minute phone call Armed Services chair said he ex- James Mattis, President Donald AUSTIN on page 10
AND ANDREW DESIDERIO Monday night, Trump told Inhofe plained to Trump the importance
Sen. Jim Inhofe is among Don- (R-Okla.) that he still planned to of the bill. It delivers pay raises
ald Trump’s most loyal support- veto the National Defense Autho- to U.S. troops and is intended to
AOC, Rice face off for
ers. But with Inhofe and legions rization Act because it doesn’t strengthen the national defense.
of other Republicans preparing bend to his whims — targeting Perhaps most important, In-
to defy the president on a major social media companies and hofe is forging ahead without the powerful committee post
defense bill, Trump decided to maintaining bases named for president: “We have a difference
make one last push. Confederate soldiers. The Senate NDAA on page 11
BY HEATHER CAYGLE,
SARAH FERRIS
AND SUSANNAH LUTHI
Confusion amid flurry of stimulus plans
A pair of high-profile New York-
ers are jockeying for a prized slot on
the House Energy and Commerce
BY MARIANNE LeVINE Speaker Nancy Pelosi. A bipartisan publican leaders insist that Con- Committee, a competition that
AND BURGESS EVERETT group of senators is still working gress will not leave for the holidays could have long-lasting reverbera-
No one seems to know what’s to finalize language on a $908 bil- without a deal. tions in the Democratic Caucus and Ocasio-Cortez Rice
going on with coronavirus relief lion package. And President Don- “We’ll stay here until we get for influential states.
anymore. ald Trump endorsed new stimulus commonsense agreement,” said Both Reps. Alexandria Ocasio- publicly wade into the battle,
In the span of an afternoon, Sen- checks. Sen. Joe Manchin (D-W.Va.), who is Cortez and Kathleen Rice are pri- meaning the state could be shut
ate Majority Leader Mitch McCo- While there’s an uptick in the leading the so-called 908 coalition. vately angling for one of the few out altogether of the slot being va-
nnell suggested dropping discus- flurry of activity surrounding bi- The struggle to reach an agree- open seats on one of the House’s cated by outgoing Rep. Eliot Engel
sions on the two biggest sticking partisan talks, there’s so far little ment on coronavirus relief comes most powerful committees. But (D-N.Y.).
points. Treasury Secretary Steven evidence actual progress is being as Covid-19 cases continue to reach other members of the New York As the Democratic panel that
Mnuchin offered a new proposal to made, even as Democratic and Re- STIMULUS on page 13 delegation are so far refusing to COMMITTEE on page 14
2 | POLITICO | WEDNESDAY, DECEMBER 9, 2020
WEDNESDAY, DECEMBER 9, 2020 | POLITICO | 3
FORTY FIVE
A daily diary of the Trump presidency
Trump lawyer who attended
resolution on Tuesday to formally
White House party tests
condemn any lawmakers
positive for Covid
who call on Donald Trump to
Another main fi gure in President concede “prematurely” from
Donald Trump’s legal battle the presidential race despite
to challenge the results of the having lost — the latest example
2020 election has tested positive of how Trump’s Hill allies are
for Covid-19, people inside eager to prove their loyalty to the
the White House and Trump president.
campaign confi rmed on Tuesday. The West Virginia Republican,
Jenna Ellis, who has worked a member of the hard-line House
side by side with Rudy Giuliani Freedom Caucus, off ered the
on behalf of the Trump campaign resolution during a private GOP
to fi le lawsuits in battleground conference call. But it has little
states, has tested positive for chance of being adopted and
the contagious disease. It is was referred to committee since
unclear when Ellis was told of there is no requirement that
her diagnosis, but Giuliani was the resolution receive a vote in
diagnosed with the coronavirus conference.
on Sunday and was admitted to “I call on my fellow colleagues
Georgetown University Hospital in the House GOP Conference
as a precaution. to join me in sending a strong,
Ellis caused a stir with White united message of support for
House offi cials who learned President @realDonaldTrump,”
they were at a Christmas party Mooney tweeted Tuesday
last Friday with the Trump morning. “No Republican
campaign attorney, who attended member should prematurely call
as a guest of trade adviser Peter Good, clean holiday fun DREW ANGERER/GETTY IMAGES on President Trump to concede
Navarro. She was not feeling before these investigations are
well, one person familiar with complete.”
Ellis’ diagnosis said, and was not First lady Melania Trump on Tuesday off ers hand sanitizer to a child as they make Christmas cards during Mooney’s resolution — which
wearing a mask while mingling the annual Marine Toys for Tots Drive at Joint Base Anacostia-Bolling in Washington. “I know that many of would also affi rm the House
with the other guests, which you have a family member serving in the military and I want you to know how special they are to our nation GOP’s support for “Trump’s
included top administration – they are true heroes,” Trump said at the gathering. eff orts to investigate and
offi cials. A senior White House punish election fraud” — comes
offi cial confi rmed they were told aft er Trump demanded to
of Ellis’ diagnosis. see The Washington Post’s
“This is bound to become a list of 25 Republicans who
super spreader. She was mingling moot by Trump’s decision to Flynn’s attorney, Sidney Powell, the judge wrote. “However, the have recognized Joe Biden as
with everyone and no one was grant Flynn a sweeping pardon had acknowledged conferring Court need only consider the president-elect.
wearing a mask,” said one party for his alleged lies to the FBI and with Trump about the status of pardon insofar as it applies to the “25, wow! I am surprised there
attendee. any other off enses he may have the case in the weeks preceding a off ense to which Mr. Flynn twice are so many. We have just begun
A person who attended a committed in connection with September hearing. pled guilty in this case.” to fi ght,” Trump tweeted over the
Christmas party at the White Mueller’s probe. Flynn pleaded guilty in — Josh Gerstein and Kyle Cheney weekend. “Please send me a list
House on Monday evening “The history of the December 2017 to lying to the of the 25 RINOS. I read the Fake
On his way out of office,
with campaign staff said Ellis’ Constitution, its structure, FBI about his pre-inauguration News Washington Post as little as
diagnosis was discussed by and the Supreme Court’s contacts with Russia’s U.S. Trump appoints Conway, Chao possible!”
guests at the party. That person interpretation of the pardon ambassador, Sergey Kislyak. to government positions Mooney’s resolution could
noted that some of the guests power make clear that President Aft er initially cooperating with President Donald Trump earn him major points with
chose not to bring family Trump’s decision to pardon Mr. Mueller, Flynn came before announced Tuesday that he Trump and with conservatives
members or spouses because Flynn is a political decision, not Sullivan for sentencing in late would appoint former White back home in West Virginia,
of how lax the White House a legal one,” Sullivan wrote in a 2018 at a hearing in which House aide Kellyanne Conway to which is getting a new
has been with coronavirus 43-page opinion. “Because the Sullivan excoriated the former the board of visitors of the U.S. congressional map in 2022.
precautions. law recognizes the President’s national security adviser for Air Force Academy. The state’s three House seats
Axios was fi rst to report that political power to pardon, the his conduct. But Sullivan opted The president also will likely be condensed into
Ellis tested positive. appropriate course is to dismiss against sentencing Flynn announced the nominations of two — and Mooney’s district in
Ellis’ diagnosis is the latest this case as moot. immediately, instead giving him Transportation Secretary Elaine the central portion of the state
wrench thrown into the Trump Although Sullivan ultimately a chance to fi nish his cooperation Chao and Lynn Friess, the wife would be impacted.
campaign’s eff orts to advance ended the case, he lambasted the with prosecutors. of Republican megadonor Foster But Mooney’s eff ort sparked
their baseless claims of voter Justice Department for what he In his ruling Tuesday, Sullivan Friess, as members of the board pushback from several GOP
fraud and dispute President- said was a highly questionable, pointedly cited Supreme Court of trustees of the John F. Kennedy members on the call, including
elect Joe Biden’s victory. if not indefensible, decision to precedent declaring that Center for the Performing Arts. Rep. Adam Kinzinger of Illinois
Another member of the Trump drop the charges against Flynn. accepting a pardon amounts to a Matt Schlapp, chairman of the — one of the few Republicans
campaign’s legal team, Boris Sullivan also asserted that judges “confession” of guilt. The judge American Conservative Union, who has been willing to challenge
Epshteyn, also tested positive for have the power to reject the also said it did not mean Flynn would be named to the Library Trump’s false claims of voter
the virus in recent weeks. dismissal of charges in a criminal had committed no crime. of Congress Trust Fund Board, fraud.
Neither Ellis nor the Trump case when the government’s “The pardon ‘does not, Trump said. As Trump’s legal challenges
campaign responded to a request actions are called into question. standing alone, render [Mr. The news came in a list have been crumbling and
for comment. Sullivan declared that the Flynn] innocent of the alleged provided by the White House battleground states have been
— Meridith McGraw explanations Barr off ered violation,’” Sullivan added. of more than two dozen certifying Biden’s victory,
through his deputies for the Sullivan noted questions intended appointments to Trump’s biggest supporters on
Judge tosses criminal decision to abandon the case some critics have raised about “key administration posts” — Capitol Hill have been racing
charge against Flynn were “dubious to say the least” whether Trump’s pardon sought consisting mostly of seats on to show their support for the
following Trump pardon and would arguably overcome to rule out future charges against panels including the National president — and he has been
A federal judge has closed the long-held “presumption of Flynn. While a president can Cancer Advisory Board, Puerto taking notice.
the four-year-old criminal regularity” that government block future charges for past Rico’s Financial Oversight Last week, Trump publicly
case against former national offi cials are generally aff orded by conduct, the pardon power does and Management Board, the praised Rep. Mo Brooks (R-Ala.),
security adviser Michael Flynn, the courts. not permit clemency for future Community Development who indicated he intends to
acknowledging the pardon that Sullivan said many of the actions. Advisory Board, and others. challenge Biden’s Electoral
President Donald Trump issued rationales off ered by the But the judge said the Conway, who served as College votes when they are
last week to the only Trump government “appear pretextual, intricacies of those issues would counselor to the president from offi cially certifi ed by Congress on
administration offi cial charged in particularly in view of the be left for another day, if they the outset of the administration Jan. 6.
special counsel Robert Mueller’s surrounding circumstances.” arise. until her resignation in August, Several other GOP House
investigation of alleged ties “For example, Mr. Flynn was “The scope of the pardon is was the most prominent name on members have signaled they will
between the Trump campaign serving as an adviser to President extraordinarily broad — it applies that list. She most recently acted also object to the vote-counting
and Russia. Trump’s transition team during not only to the false statements as an adviser to Trump’s 2020 process, though the long-shot
U.S. District Court Judge the events that gave rise to the off ense to which Mr. Flynn twice campaign. eff ort won’t get out of the
Emmet Sullivan — who’d been conviction here, and, as this case pled guilty in this case, but also — Quint Forgey starting gate without a Senate
wrestling for months with a has progressed, President Trump purports to apply to ‘any and all sponsor. And even then, the math
highly unusual request from has not hidden the extent of his possible off enses’ that he might GOP Rep. Mooney wants to is virtually impossible for Trump
Attorney General William Barr interest in this case,” Sullivan be charged with in the future in condemn lawmakers who to overturn the election results in
to drop the prosecution — said said. relation to this case and Special call on Trump to concede Congress.
Tuesday that bid was rendered Sullivan also noted that Counsel Mueller’s investigation,” Rep. Alex Mooney introduced a — Melanie Zanona
4 | POLITICO | WEDNESDAY, DECEMBER 9, 2020
Steakhouses, Hill bars and ski trips: GOP carries on
Many GOP members
days, according to The Washington
are refusing to let the Post, including a “congressional
ball” on Dec. 10. The administra-
pandemic interrupt tion will host an in-person Ha-
nukkah celebration as well, ac-
their holiday plans
cording to a person who received
an invitation.
BY SARAH FERRIS, Vice President Mike Pence, who
MELANIE ZANONA
leads the coronavirus task force, is
AND DANIEL LIPPMAN
also slated to throw a Christmas
It’s not just the White House celebration at the Naval Observa-
flouting pandemic rules to mark tory on Tuesday evening.
this town’s schmooziest season. A spokesperson said that around
Some corners of the GOP, in- 200 guests will mingle inside a tent
cluding members of Congress, that can hold 700 people in order to
are refusing to let the coronavirus allow extra space for social distanc-
intrude on their holiday gather- ing. Masks will also be required of
ings and in-person fundraisers — attendees, the spokesperson added.
whether it’s on the slopes of Utah or “The Vice President’s Residence
in the steakhouses of Washington. is absolutely taking safety precau-
Meanwhile, discussions are tions,” said Kara Brooks, commu-
underway about holding the Con- nications director to second lady
servative Political Action Confer- Karen Pence.
ence — a massive, yearly affair — in One senior administration of-
person early next year, according to ficial said the White House spread
multiple sources. the parties out among multiple
The event planning comes as nights to allow for smaller guest
the nation is battered by another lists and social distancing.
brutal surge in coronavirus cases, SUSAN WALSH/AP Yet at the State Department, Sec-
prompting a fresh round of warn- While Democrats in Congress have moved most public or holiday events to a virtual setting, many GOP members retary of State Mike Pompeo and
ings from public health experts to have gone ahead with large gatherings and in-person fundraisers. “It’s irresponsible,” said journalist Sally Quinn. his wife, Susan, reportedly invited
hunker down and avoid group set- hundreds of guests for various in-
tings, particularly indoors. And it door holiday functions.
underscores the resistance among wouldn’t we? A lot of these things tested positive for the coronavirus dining together in closed spaces. One day before one of the parties,
many in the GOP, led by President are going to be appropriately scaled in recent weeks, prompting con- At Bullfeathers, another popular the State Department was notified
Donald Trump, to adjust to the new and take proper precautions. But it gressional leaders in both the House watering hole on Capitol Hill for that a person tested positive who
normal of the pandemic. doesn’t cancel the season.” and Senate to institute new health lawmakers and staffers, a group of had recently spent time at Blair
“It’s an honor to be invited to the The majority of Washington’s protocols on Capitol Hill. That in- maskless patrons were seen packed House — the president’s official
White House for anything. It’s spe- lavish holiday parties have, of cludes canceling the weekly Sen- together in a tight space while eating guest house — where the party is
cial and to see the decorations,” said course, been called off. The Capi- ate GOP lunches, after gathering in and drinking, according to a picture scheduled to be held, according to
pro-Trump commentator Harlan tol physician has specifically in- person for months. that went viral on Twitter last week. two State Department officials. The
Hill. “I think it’s important that we structed lawmakers to avoid din- House Democrats and Republi- After a complaint, D.C.’s Alcoholic space was quickly being cleaned.
go show that we support the presi- ners, receptions and other events. cans also recently scrapped plans Beverage Regulation Administration “As a vaccine is nearly ready for
dent and that our support hasn’t Given their frequent travel and in- for a new member’s dinner inside said it was looking into the matter. distribution, it makes sense to avoid
wavered through the election fraud teraction with other members on the Capitol just before Thanksgiv- Not every event is a massive, parties and just stay home. There-
scandal.” He added that the White the floor — not to mention the age ing, switching to carry-out meals maskless affair: Many of the festiv- fore I will pass on those two events,
House is “taking all appropriate of many — members of Congress after facing backlash as both pre- ities have been billed as a “socially as much fun as they would be,” said
precautions” to keep people safe. are at great risk of contracting and pared to host indoor events. distanced event” on invitations. one Republican lobbyist, who was
Another person who plans to at- spreading the virus. Still, groups of dozens or more Some have virtual options, includ- invited to both the White House
tend one of the Christmas bashes That warning came after an in- people have flocked to congres- ing the Texas meet-and-greet at the and the State Department parties.
at the White House added: “Why creasing number of lawmakers have sional hangouts such as the nearby Capitol Hill Club. And at least two In contrast, Democrats in Con-
Capitol Hill Club, where a group in-person events — a “cigar and gress have moved almost every
of Texas Republicans organized spirits” night in Old Town Alex- public and private event to a virtual
a meet-and-greet to honor their andria hosted by Rep. Paul Gosar setting, from farewell gatherings
seven incoming freshmen mem- of Arizona and a breakfast fund- for departing lawmakers to spar-
bers the week before Thanksgiving. raiser for Sen. James Lankford of kling wine-tasting fundraisers.
(The Capitol Hill Club has imple- Oklahoma at the Monocle — were Speaker Nancy Pelosi organized
Robert L. Allbritton mented some precautions during recently canceled as cases spiked a livestream to view the annual
the pandemic, including limiting in D.C. and beyond. Christmas tree lighting at the
PUBLISHER & EXECUTIVE CHAIRMAN the number of guests per table and But a ski trip fundraiser in Utah Capitol, where the public was not
Patrick Steel contact tracing.) scheduled for early next month, allowed to gather.
CHIEF EXECUTIVE OFFICER GOP members have also gathered hosted by Sen. Mike Lee of Utah Meanwhile on Embassy Row —
at swanky downtown restaurants. and Sen.-elect Roger Marshall of home to some of the most exclusive
Matthew Kaminski
That includes a holiday party Mon- Kansas, is still on. events in Washington — the cele-
EDITOR-IN-CHIEF day night hosted by Rep. Billy Long “Utah’s ski resorts are open. We brations have been largely shifted
Carrie Budoff Brown of Missouri in a backroom at Joe’s are following all the state and coun- to outdoor spaces.
Seafood, an upscale surf ’n’ turf ty COVID policies. We will be ski- But at least one socialite, Sheikha
EDITOR
restaurant near the White House, ing outdoors at socially distanced Rima Al-Sabah, the wife of the Ku-
NEWSPAPER STAFF according to a person familiar with intervals,” Lee spokesperson Conn waiti ambassador, has been quietly
BILL KUCHMAN NEWSPAPER EDITOR SUSHANT SAGAR COPY DESK CHIEF the plans. The same evening, Rep. Carroll said of the event. criticized in D.C. social circles for
M. SCOTT MAHASKEY DIRECTOR OF PHOTOGRAPHY ANDY GOODWIN, JESSE NARANJO, Kevin Brady hosted a “small” din- Many Democrats, and some recently hosting an indoor ladies’
MATT WUERKER EDITORIAL CARTOONIST FERNANDO RODAS COPY EDITORS ner at the same restaurant for all Republicans, say in-person gath- lunch for around 10 people and oth-
CONGRESSIONAL STAFF outgoing Texas Republicans, his erings are reckless at a time when er events, according to one person
office confirmed. hospitals are running out of beds familiar with the event. The Em-
BEN WEYL CONGRESS EDITOR HEATHER CAYGLE, KYLE CHENEY,
DAVID KIHARA SENIOR EDITOR ANDREW DESIDERIO, CAITLIN EMMA, Brady “will be following all D.C. and some cities are running out of bassy of Kuwait did not respond to
JOHN BRESNAHAN CONGRESSIONAL BUREAU CHIEF BURGESS EVERETT, SARAH FERRIS, COVID-19 health and safety proce- places to store bodies. a request for comment.
MARIANNE LeVINE, MELANIE ZANONA REPORTERS dures and guidelines,” his spokes- “I think it’s absolutely insanity, And others on the D.C. party
person said. and I think it’s dangerous, it’s ir- circuit are skipping their annual
For corrections or questions regarding the newspaper, At the Capital Grille last month, responsible, it’s insane, and I think celebrations.
email [email protected], [email protected] or [email protected]. some Republican members on the just by example, they’re going to “The time isn’t right, and it just
POLITICO serves the United States Senate and DECEMBER PUBLISHING SCHEDULE Transportation and Infrastructure cause more people to die because wouldn’t be very fun or safe right
House of Representatives, the White House Committee gathered for an indoor people will look at that and say, ‘Oh, now,” said Ron Bonjean, a partner
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written permission of the publisher. POLITICO is nonideological order to practice social distancing. The holiday party lineup is the but the CDC would probably also
and nonpartisan. 20 21 22 23 24 25 26 But one GOP lawmaker who latest example of the starkly dif- seriously advise against clowns on
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recess for one week or less, by POLITICO LLC. Subscriptions are night, freshman Rep. Bryan Steil responded to this year’s public at the moment.”
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Printing and Publishing Co. Inc., Bellmawr, N.J. POSTMASTER: PHONE [phone] • FAX [phone] coronavirus just a few days later, The White House is planning to Alex Isenstadt and Nahal Toosi
S10e9nd2 0ch-0a0n3ge6 .o ©f a dPdOrLeIsTsIC tOo PLOLCL,I T2I0C1O8, .P.O. Box 36, Congers, NY 1000A WRLILINSGOTNO BNL,V VDA. , 282T2H0 F9LOOR highlighting the potential risks of host over 20 parties for the holi- contributed to this report.
WEDNESDAY, DECEMBER 9, 2020 | POLITICO | 5
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6 | POLITICO | WEDNESDAY, DECEMBER 9, 2020
Trump blows a hole in the GOP on his way out
POTUS’ last-gasp to the establishment.”
efforts to overturn the “The Mitt Romney-lites of the
world, the Ben Sasse-lites of the
election are reshaping world, they’re hanging on, they’re
waiting, and they’re going to ap-
the Republican Party
pear again, and they’re going to
be well-funded,” Kaufmann said.
BY DAVID SIDERS “Whether it be 2024 or 2028, one
Donald Trump’s efforts to over- way or another, we’re going to all
turn the presidential election have have that ‘come to Jesus’ moment
met with defeat in every swing state when we decide who do we want as
and in nearly every court where his our candidate again, and God help
cases have been heard. But Trump’s us if it’s a Mitt Romney-type again.”
campaign to pressure GOP elected Publicly, the national party is
officials to support his baseless taking all comers for 2024. Last
claims of a rigged election — and week, Ronna McDaniel, chair of
his success in convincing a majority the Republican National Commit-
of the party that widespread voter tee, invited about a dozen potential
fraud occurred — is already show- 2024 presidential candidates to the
ing signs of having far-reaching ef- RNC’s meeting on Amelia Island,
fects that will reshape the Republi- Fla., in what was widely viewed as
can Party for years to come. a show of neutrality ahead of the
State party chairs are tearing next nominating process. Even
into their governors. Elected offi- if the party isn’t neutral, the rise
cials are knifing one another in the of outside fundraising in recent
back. Failed candidates are seizing years has diminished the signifi-
on Trump’s rhetoric to claim they cance of party organizations. And
were also victims of voter fraud in Trump’s romp through the 2016
at least a half-dozen states. EVAN VUCCI/AP primary field demonstrated the
As his presidency comes to a President Donald Trump leaves the party at an unfamiliar crossroads: He is a defeated candidate, but unlike ability of a candidate to overcome
close, Trump has not only im- recent one-term presidents, he is adored by the base and is the reason for a significant expansion of the GOP. the GOP’s existing infrastructure
printed his smash-mouth style on in the states.
the GOP, he has wrenched open the “One of the best-kept secrets
schism between the activist class the cause of a significant expansion gin recruiting Republican-minded in his heavily Democratic state. in politics today is that the party
and the elected class, according to of the GOP’s ranks. Millions of Re- independents to run in Arizona if Rob Gray, a veteran Republi- structure is not as relevant as it
interviews with more than a doz- publican voters remain convinced, Trump-oriented candidates clog can strategist who advised Baker used to be, because each candidate
en Republican Party officials and without evidence, that the election the Republican Party field. and three former Massachusetts is a free agent,” said Pat McCrory,
strategists in the states. was unfairly taken from him. And Stan Barnes, a former Arizona governors — Mitt Romney, Paul the former Republican governor of
“This is Hatfield and McCoy Trump will leave behind a party state lawmaker and a longtime Re- Cellucci and William Weld — said North Carolina. “After the can-
stuff, but it’s McCoy on McCoy, or apparatus controlled by loyalists publican consultant, predicted the the relationship between Baker didates are selected is when [the
Hatfield on Hatfield,” said Michael unbeholden to less populist, less name-calling between Republicans and Lyons isn’t caustic, but it is party] becomes more important
Brodkorb, a former deputy chair of Trumpian holdovers. is “a fever that will come and go.” “uncomfortable.” to help get a ground game going.”
the Minnesota Republican Party. The result is that many of the Still, he said, “it’s acute.” “I would say the Trump element But in the run-up to the cam-
“To see activists across the coun- party’s field officers in the states After Ward’s back-and-forth of the party here is a faction,” Gray paign, the deck will be stacked in
try really just with pitchforks and are preparing to dig in to ensure with Ducey last week, Barnes said, said. “The push and pull on the favor of Trump — or candidates
torches at the capitols … it’s just that Trump — and his style of poli- “You just don’t often get the leader party are Trump supporters ver- who are in his good graces. Many
bonkers.” tics — remains the party’s guiding of the party willing to say out loud, sus [more moderate] Weld Repub- state party chairs who were viewed
In the short term, the forces light. That is putting them at cross- ‘Hey, governor, shut the hell up,’ licans and practical institutionalist as disloyal to the president have
unleashed by Trump threaten the purposes with more traditional Re- and then the governor responds members of the Republican State been ousted since his 2016 elec-
party’s prospects in the Jan. 5 Geor- publicans, such as Sen. Ben Sasse of in kind.” Committee.” tion, and many chairs who were
gia Senate runoff. But the infighting Nebraska and Maryland Gov. Larry He called it a “special occurrence In red swaths of the country, that initially skeptical of Trump have
also stands to reshape the party for Hogan, who are positioning them- I’ve never seen before.” push and pull is lopsided in Trump’s been won over by his popularity
the long haul, with implications for selves as alternatives to Trump. And it isn’t just in Arizona. Fear- favor — and for good reason. De- with the party’s base.
the midterm elections and the presi- Trump has suggested that he will ful of alienating Trump’s base in spite Trump’s loss last month, the “All of these people, ironically
dential nominating contest in 2024. run again, but many Republicans Georgia, Sen. Kelly Loeffler over GOP’s success in congressional and or brilliantly, Trump was able to
In recent weeks, the chair of the unite, to a large extent,” Anuzis
Arizona Republican Party, Kelli said. “The hawks got a defense
Ward, told the state’s Republican buildup, the Rand Pauls got a pull-
governor to shut up on Twitter in “This is Hatfield and McCoy stuff, but it’s McCoy on McCoy, or Hatfield out from the Middle East … con-
a feud over the integrity of Ari- servatives got their judges. … You
on Hatfield. To see activists across the country really just with
zona’s election, which Biden won can go through there and see how he
— choosing Trump over the state’s pitchforks and torches at the capitols … it’s just bonkers.” was very adept at dealing with the
highest-ranking Republican Par- various constituencies and making
ty official. Ward’s counterpart in — Michael Brodkorb Former deputy chair, Minnesota Republican Party people feel good.”
Georgia, David Shafer, joined the That goes from top to bottom —
state’s two Republican senators in from the RNC down to state and
attacking the state’s Republican county parties, as well as local clubs
secretary of state, Brad Raffens- that remain instrumental in off-
perger, while leaving Trump to tear aren’t convinced. Saul Anuzis, a the weekend declined to answer legislative races across the country year voter registration efforts and
into Republican Gov. Brian Kemp. former chair of the Michigan Re- multiple questions during a debate was widely viewed as a testament in fielding down-ballot candidates.
In Michigan, the state Republi- publican Party, said, “I suspect with the Rev. Raphael Warnock, to Trump’s appeal to voters previ- In a measure of how deeply
can Party chair, Laura Cox, stood we’ll see 15 people running for her Democratic opponent, about ous Republicans have been unable Trump’s influence penetrates in
by Trump’s campaign as it pressed president again next time around.” whether it was wrong for Trump to to turn out — something state party the states, Michael Burke, chair
Republican lawmakers to override The signs already point to a pro- attack Kemp — the governor who chairs will be loath to let go. of the Republican Party in Pinal
the popular vote in her state — tracted intraparty war. In Arizona, appointed her to her seat in 2019. Jeff Kaufmann, chair of the Iowa County, Ariz., sent Ducey a letter
something Republican legislative where Trump was the first GOP In New Hampshire, a small group Republican Party, had planned to last month on behalf of 13 of the 15
leaders have said repeatedly they nominee to lose since 1996, Daniel of Republicans is openly discuss- retire after the election but said he Republican county chairs across
won’t do. Barker, a former Arizona Court of ing impeachment of Gov. Chris intends to stay on in part because he Arizona calling for the governor
Enmity between the Republican Appeals judge who started a PAC of Sununu, a popular Republican who sees the party expanding — with a to reconvene the Legislature to
Party’s populist and establishment Republicans supporting Biden, said just won reelection in a landslide. coalition that will depend on main- address GOP concerns about the
wings has existed in some form for “there clearly is a major problem” The crime was his imposition of taining “an element of our party vote in that state.
years, long predating Trump. But in the Republican Party, even with a coronavirus-related mask or- that is populist, that is blue collar. Burke said the “chances are
Trump’s domination of the party Trump’s loss. der, though the state party chair, And that’s something that Trump getting slimmer every day” that
has exacerbated the gulf between “If people for the next two or Stephen Stepanek, defended the gave to us.” Trump will prevail in his chal-
them, and his persistent demand three years view Trump as hav- governor. Kaufmann, a former Iowa state lenges to the election. But regard-
that Republicans choose sides has ing 60 or 70 million votes, it’s go- And in Massachusetts, Gov. lawmaker who has been the state less, Burke said, “It’s still Donald
left little room for compromise. ing to be hard to say no to him,” Charlie Baker — who is popular in party chair since 2014, said “as Trump’s party. He’s probably, I
He is leaving the party at an un- Barker said, fearful that Trump his state — has been hammering the the party chair, we have to ensure believe, going to be the most con-
familiar crossroads: The outgoing or Trumpian candidates will president for his “wildly inappro- that Donald Trump’s attitude to- sequential former president in our
president is a defeated candidate, maintain a hold on the party. In priate” challenge of the election, ward establishment-era politics” is lifetime.”
but unlike recent one-term presi- response, members of Barker’s while the GOP chair, Jim Lyons, maintained, describing part of that Of tension in the party, he said, “I
dents, he is adored by the base and group are weighing whether to be- advances the “Trump movement” appeal as giving “the middle finger think it will be long-lasting.”
WEDNESDAY, DECEMBER 9, 2020 | POLITICO | 7
Trump amps up pandemic Supreme Court rejects
politics at ‘vaccine summit’ bid to overturn Biden’s
win in Pennsylvania
Trump’s ‘I told you’
predictions contrasted
BY SARAH FERRIS, Republican-appointed justices
with Biden’s ‘it will be HEATHER CAYGLE were planning to grant Kelly relief
AND MELANIE ZANONA
before Tuesday’s milestone to name
tough’ warning
The Supreme Court has rejected presidential electors.
a bid by a Republican member of A contingent of Trump sup-
BY NICK NIEDZWIADEK Congress and other GOP activists porters tried to fan the flames
President Donald Trump on to overturn President-elect Joe around the case. Sen. Ted Cruz
Tuesday gathered people at the Biden’s win in Pennsylvania. (R-Texas) sought to inject himself
White House to celebrate the In an order Tuesday afternoon, into Kelly’s case, going on a media
“miracle” of a coronavirus vaccine. the justices turned down the emer- campaign offering to present oral
But the vaccine-makers declined gency request from Rep. Mike Kelly arguments, should the court have
to attend. An introductory video (R-Pa.) and two other House candi- heard the case. Roy Moore, who in
tossed some of Trump’s own gov- dates to decertify the results of last 2017 lost a special Senate election in
ernment scientists under the bus. month’s election in the Keystone Alabama to Doug Jones, also sub-
And the man Trump tapped to help State. mitted a friend of the court brief
speed vaccine development spent The high court acted without that seemingly argued most early
the morning distancing himself comment or noted dissent in the and mail voting should be deemed
from the executive order Trump matter on the last day under federal unconstitutional.
signed at the event. law for states to submit their slates The high court’s action came af-
Instead, the event — or Trump’s of presidential electors without be- ter a day of jockeying over the im-
part of it, at least — was the typi- ing subject to potential contest in port of that so-called safe-harbor
cal Trumpian mixture of political Congress. deadline, as well as the dozens of
theatrics, bragging, grievances and Kelly’s suit, which was rejected election-related suits Trump and
accolades doled out based on fealty by Pennsylvania courts, argued his allies have filed in state and
to his preferred narrative. In the that legislation the state adopted federal courts across the country.
audience were the Trump politi- last year allowing for no-excuse, Media attention to the safe-har-
cal allies, including Govs. Ron De- mail-in voting violated the state bor milestone prompted the Trump
Santis of Florida and Greg Abbott constitution and that the results of campaign to issue a public state-
of Texas, who have most vocally last month’s vote should therefore ment earlier Tuesday arguing that
supported the president. And the EVAN VUCCI/AP be invalidated. the date is of little consequence.
White House launched the event President Donald Trump on Tuesday hands a pen to Vice President Mike Critics said the request for the “The ‘Safe Harbor Deadline’ is
with a video misleadingly portray- Pence during a vaccine event at which Trump aired his usual grievances. Supreme Court to take up the a statutory timeline that gener-
ing people like Anthony Fauci, the case was ill-founded because the ally denotes the last day for states
government’s top infectious disease justices do not typically step in to to certify election results,” Trump
expert, as naysayers about Trump’s it would be so,’ but we have them passed a major milestone Tuesday enforce state law provisions. They lawyers Rudy Giuliani and Jenna
vaccine timeline. saying a little bit different.” morning when the Food and Drug also faulted Kelly for waiting more Ellis said. “However, it is not un-
The setup reflected the broader But many of the remarks the Administration released a positive than a year — and until after the precedented for election contests
politicization of the pandemic that video highlighted were mislead- analysis of the safety and efficacy hard-fought election was complete to last well beyond December 8.”
has become entrenched as Trump ingly portrayed. Fauci, for in- of Pfizer’s coronavirus vaccine as — to raise the legal challenge. “Justice Ginsburg recognized in
nears his departure date and Pres- stance, was shown saying a vac- it pursues emergency authorization “Granting an injunction would Bush v. Gore that the date of ‘ul-
ident-elect Joe Biden prepares to cine arrival “could be January, for its drug. sow chaos and confusion across timate significance’ is January 6,
replace him. Trump has retreated could be later,” a statement that One of the people Trump gave the Nation while inflaming base- when Congress counts and certifies
from regularly discussing the pan- is largely true, especially for the kudos to at the event was Moncef less concerns about electoral im- the votes of the Electoral College,”
demic and rarely appears alongside majority of the population. Biden Slaoui, whom the president selected propriety and ensnaring the Judi- they added. “The only fixed day in
medical professionals. Meanwhile, was also shown saying there is in May to help accelerate vaccine ciary in partisan strife,” lawyers the U.S. Constitution is the inau-
Biden has made the pandemic a “no prospect” for the majority of research. Yet earlier in the day, representing Pennsylvania wrote guration of the President on Janu-
central plank of almost all pub- the public to get a vaccine before Slaoui had distanced himself from in a brief early Tuesday opposing ary 20 at noon. Despite the media
lic appearances, and on Tuesday the middle of 2021, a timeline that Trump’s executive order. Kelly’s request. “This case reaches trying desperately to proclaim that
appeared in Wilmington, Del., mostly tracks with the tentative “We feel that we can deliver the the Court against the backdrop of the fight is over, we will continue
alongside many of his incoming rollout schedule. vaccines as needed, so I don’t know unfounded claims — which have to champion election integrity un-
top health care aides. Meanwhile, in Delaware, Fauci exactly what this order is about,” been repeatedly rejected by state til legal vote is counted fairly and
The result was essentially a appeared via video at the Biden he said on ABC’s “Good Morning and federal courts — that wrongly accurately.”
Tuesday split-screen: Trump’s event, which also featured the America.” impugn the integrity of the demo- While the statement cited lan-
overly optimistic “I told you so” president-elect’s top incoming It is uncertain how enforceable cratic process and aim to cast doubt guage Ginsburg used in the ruling
predictions versus Biden’s “we’ll health staffers. Trump’s executive order will be, on the legitimacy of its outcome.” that settled the election for George
get there, but it will be tough” In a prerecorded message, Fauci as drugmakers have already made Kelly’s last-ditch maneuver at W. Bush, the campaign did not note
message. cautioned that “the road ahead initial agreements to deliver sup- the high court drew little attention that it appeared in a dissenting
In Washington, Trump vowed: will not be easy. We have got a lot plies to various countries. During until Sunday, when Justice Samuel opinion and that the passage was
“We think by spring we will be in of hard and demanding work to do his news conference, Trump refer- Alito unexpectedly accelerated endorsed by only one other member
a position nobody would have be- in the next year.” enced the Defense Production Act the state’s deadline to respond to of the court, Justice John Paul Ste-
lieved possible just a few months He also offered what could be — a law that lets the government the emergency application from vens. The court’s majority in that
ago,” he said. “They say it’s some- interpreted as an implicit rebuke mandate production of certain ma- Wednesday to 9 a.m. Tuesday. That momentous decision indicated the
what of a miracle, and I think that’s of the incumbent president’s mes- terials in a crisis — and claimed the prompted speculation among some case was of great urgency because
true.” saging throughout the public health government had the ability to force conservatives that Alito or other of the safe-harbor date.
But in Wilmington, Biden crisis. the issue.
warned: The country is “in a very “In the fight against this pan- “We don’t think it will be neces-
dark winter” — a nod to the record- demic, we must lead with science,” sary,” the president said. “If it is,
breaking case surge — and “things Fauci said, adding that “a key piece it’s a very powerful act.”
may well get worse before they get of our ongoing work is communi- Trump also strayed from the
better.” cating consistently with the Ameri- topic of the event during a brief Q-
The White House event was can people.” and-A with reporters, once again
predicated as a signing ceremony Vivek Murthy, Biden’s choice airing his false assertions that he
for an executive order designed to to again become surgeon general, won reelection and encouraging
pressure vaccine manufacturers to highlighted the “fear, anxiety, others to find the “courage” to
prioritize shipments within Amer- anger and distrust that so many overturn the results and award him
ica over other countries — although Americans are feeling right now.” a second term.
the order didn’t appear to have any And Rochelle Walensky, his “If somebody has the courage, I
legal teeth. pick to head the Centers for Dis- know who the next administration
The gathering opened with a ease Control and Prevention, sug- will be,” Trump said.
video castigating media pundits, gested that “the nation is coding” Courts across the country have
Biden and Fauci for offering more like a hospitalized patient in critical repeatedly rejected the Trump
cautious assessments of the vaccine condition. campaign’s attempts to challenge
development timeline. Back in Washington, the presi- the results of the election in several
“Very few people thought this dent was effusive in his praise of battleground states that Trump lost
was possible,” Trump said during Operation Warp Speed, the ad- to Biden, though the president has EMILY MATTHEWS/PITTSBURGH POST-GAZETTE VIA AP
the event. “Of course, they’ll be ministration’s initiative to speed continued to keep up the fight and The Supreme Court rejected an emergency request by Rep. Mike Kelly,
saying now, ‘We always told you vaccine development. The effort raise money for his political efforts. shown at an event in October, to decertify election results in Pennsylvania.
8 | POLITICO | WEDNESDAY, DECEMBER 9, 2020
Biden’s pick for Defense secretary frustrates women
This is the second time
Flournoy has been
denied the chance
to lead the Pentagon
BY LARA SELIGMAN
AND NAHAL TOOSI
As President Barack Obama’s
Pentagon policy chief, Michèle
Flournoy nurtured a new genera-
tion of women in national security
who have long pushed for her ap-
pointment as the first female De-
fense secretary.
Now that President-elect Joe
Biden has passed over Flournoy,
those same women are outraged
over what they say is a missed op-
portunity to make history.
In phone calls, tweets and texts,
Flournoy supporters, whose ranks
include plenty of men, argue that
Biden’s decision to instead choose
retired Army Gen. Lloyd Austin
for the top Pentagon job has sent a
terrible message to women trying
to break into the boys’ clubs that
have long controlled U.S. military
leadership. Some wonder whether
Flournoy’s experience and willing-
ness to speak her mind actually
worked against her, while Austin is
seen as more likely to simply carry
out orders.
Compounding their frustration
is the fact that this is the second
time Flournoy has been denied
the chance to lead the Pentagon. AP FILE PHOTO 2010
Flournoy was widely seen as Hill- Michèle Flournoy was seen as Hillary Clinton’s pick for Defense secretary had she won in 2016; Joe Biden chose retired Army Gen. Lloyd Austin. Flournoy’s
ary Clinton’s pick for Defense sec- supporters say Biden’s decision sends a terrible message to women trying to break into the boys’ clubs that have controlled military leadership.
retary had she won the presidential
election in 2016, but her potential
nomination was thwarted by Don- “After the last 4 years, civil- been the rumored frontrunner for the way Flournoy sided with the self passed over by Biden for the role
ald Trump’s upset victory. military relations at the Pentagon the Pentagon job. The rally behind Joint Chiefs of Staff in their push of secretary of State amid concerns
“That sound you hear is the de- definitely need to be rebalanced,” Flournoy began after Biden did not to surge troops, according to one about her ability to obtain Senate
jected silence of women realizing wrote Slotkin, a former CIA ana- put forth a Defense nominee when former defense official. confirmation.
the bar they have to overcome to lyst. “Gen. Austin has had an in- announcing other members of his “She really advocated for depart- Messages of support for Austin
achieve their ambitions is (once credible career — but I’ll need to national security team last month. mental policy [and] she would not also came from Congressional Black
again) higher than men will ad- understand what he and the Biden At the time, POLITICO reported that be beaten down to accept where Caucus Chair Karen Bass, former
mit,” Katrina Mulligan, managing administration plan to do to ad- Biden was not sold on her for the [Donilon] was coming from,” the Ambassador Dana Shell Smith and
director for National Security and dress these concerns before I can job. person said. “There was no love national security expert Juliette
International Policy at the Center vote for his waiver.” Yet Flournoy supporters said lost there.” Kayyem.
for American Progress, wrote on The decision to tap someone she was easily the most qualified Austin, meanwhile, wouldn’t Some progressives had raised
Twitter. from the ranks of retired military person for the job — she served in generate as much tension in the concerns about the possibility of
True, Biden is making history in brass could also undermine Biden’s the Pentagon and has extensive policy process, two former Defense Flournoy leading the Pentagon,
another way: If confirmed, Austin message that he will put diplomacy knowledge of Defense policy in both officials said. pointing to her ties to the defense
would be the first Black person to at the heart of his foreign policy, the private and public sectors. But As the top commander of U.S. industry. Flournoy co-founded a
lead the Pentagon. Members of the others said. people close to the transition said forces in Iraq, Austin initially ar- think tank, the Center for a New
Congressional Black Caucus, which American Security, and a consult-
had urged Biden to include more ing firm, WestExec Advisors, both
Black people in his Cabinet, were of which take money from defense
among supporters of the choice. But “That sound you hear is the dejected silence of women realizing the bar they have to contractors. She’s also on the board
Flournoy backers, while stressing of Booz Allen Hamilton, a manage-
overcome to achieve their ambitions is (once again) higher than men will admit.”
they have no personal beef with ment and information technology
Austin, nonetheless said the former consulting firm.
— Katrina Mulligan Center for American Progress
undersecretary of Defense was the But the general mood among
better choice, not merely because progressives was simply to voice
of her gender, but because she was concerns about Flournoy, not to
the most qualified candidate. oppose her. It’s unlikely that Aus-
Some also pointed out that Aus- “If Biden wants to deemphasize Biden never developed the kind of gued for keeping several thousand tin, with his military background
tin faces hurdles that would not the military, nominating a 4-star strong personal relationship with troops in the country to train the and membership on the board of
have arisen with Flournoy. For so recently retired that he needs a Flournoy that he has sought in his fledgling Iraqi military. But the defense company Raytheon Tech-
starters, he will need a congressio- congressional waiver appears to Cabinet picks, and thus wanted to Obama administration, for reasons nologies, will ease worries among
nal waiver to take the job because send [the] opposite message,” Rosa consider alternatives. including frustrations in negotia- progressives about the militariza-
he has not been out of uniform for Brooks, a Georgetown University Some observers wondered tions with Iraq’s government, ulti- tion of U.S. foreign policy.
the required seven years, a result professor and former Pentagon of- whether Flournoy’s résumé and mately prevailed, withdrawing all One Flournoy supporter called
of rules designed to ensure civil- ficial, wrote to POLITICO. “I believe reputation damaged her standing the troops by the end of 2011. That the overall narrative about Biden’s
ian control of the military. While he is being badly advised on this, among Biden and his aides — that decision would later be blamed for decision to sideline Flournoy “de-
Democrats went along in giving and that this decision will (and perhaps she was too experienced the Islamic State terrorist group’s moralizing,” saying it was reminis-
such a waiver to retired Gen. Jim should) face substantial pushback and connected, and that would rise in the region. cent of the disdain shown by Trump
Mattis to serve as Trump’s first De- in the Senate.” have given her sway that could have Austin did get support from sev- and his aides toward experts in
fense secretary, some vowed not to A spokesperson for Flournoy did rattled others. eral prominent women. On Tues- various fields including national
make such an exception again any- not immediately offer comment for Flournoy and Biden have clashed day morning, Susan Rice, a former security.
time soon. this story, and a spokesperson for over policy issues, including her Obama national security adviser, “The message this decision sends
Rep. Elissa Slotkin (D-Mich.) the transition declined to comment. support for the Obama adminis- tweeted that Austin was “a strong is that you can still be the most
noted those concerns Tuesday In recent days, many women and tration’s surge of troops into Af- leader, a kind man of decency, prin- qualified person in the room and
morning in a Twitter thread, writ- men in national security circles ghanistan, a move Biden opposed. ciple and integrity,” and that “this be passed over precisely because
ing that “choosing another recently have signed on to letter-writing and At the time, then-national security country will benefit yet again from your experience, relationships, and
retired general to serve in a role de- Twitter campaigns urging Biden adviser Tom Donilon, who now his service.” dedication to the field are seen as a
signed for a civilian just feels off.” to choose Flournoy, who had long advises Biden, was incensed by Rice, who also is Black, was her- liability,” the person said.
WEDNESDAY, DECEMBER 9, 2020 | POLITICO | 9
Biden’s reliance on retired brass sets off alarm bells
‘I winced a little,’ said
tion team is the “self-employed”
an ex-national security Karen Gibson. The Biden an-
aide of retired officers nouncement doesn’t note that
Gibson retired this year from the
on transition teams Army as a three-star general who
last served as deputy director of
national intelligence.
BY BRYAN BENDER Gibson is also pulling double
The Democrats’ 2020 platform duty as a member of the agency
was unambiguous: Donald Trump review team for the intelligence
had damaged the civil-military bal- community, which is overseeing
ance and Joe Biden would repair it. the Biden transition for the nation’s
But the president-elect has qui- spy agencies.
etly slotted his own coterie of for- And that team is co-chaired by
mer military officials into key tran- Vincent Stewart, a retired Marine
sition positions and is now ready Corps three-star who ran the De-
to tap a retired general to run the fense Intelligence Agency and is
Pentagon. also reportedly on the short list to
The moves have sparked con- be Biden’s CIA director.
cerns that Biden may further If this trajectory continues, it
undermine the delicate balance could have a detrimental effect on
between civil and military author- the military’s ethical standing,
ity after Trump’s norm-busting said Marybeth Ulrich, a retired
presidency included enlisting Air Force colonel who specializes
multiple retired officers to fill top in civil-military relations.
civilian positions and even seek- “You don’t want people lobby-
ing a congressional waiver to ap- ing for these jobs — still on active
point retired Marine Corps Gen. duty or even retired,” she said. Or
Jim Mattis as Defense secretary — for the presidential candidates or
a position traditionally reserved their campaigns signaling to the se-
for a civilian. nior officer ranks that “you give me
Already, Biden’s transition team AP FILE PHOTO 2014 your support now, I give you a job.”
has appointed at least four retired Gen. Lloyd Austin led the U.S. Central Command under President Barack Obama. Austin is now Joe Biden’s pick If the generals agree even im-
generals or admirals and a former for Defense secretary. Biden’s transition team has appointed at least four retired generals or admirals. plicitly to such an arrangement,
top enlisted Marine. And POLITICO she believes, “You would be trad-
reported on Monday that retired ing on your profession.”
Gen. Lloyd Austin is his pick to be the White House National Security What’s worse, he said, is they ago, Mattis was widely viewed as Others worry it may already be
the next Defense secretary. Council, as well as White House now commonly attack the op- a necessary exception due to the too late.
The concerns reflect the diffi- chief of staff. posing side, so it is “not just ano- concern that Trump and his team “I think that whatever norm
culty Biden’s team will encounter The president also has been dyne endorsements but actually were inexperienced and the revered there might have been about re-
as it tries to live up to the standard roundly criticized for politicizing lead[ing] the partisan attack on the retired Marine would provide some tired or even active-duty people not
Democrats set during their four the military. He short-circuited other candidate. That’s especially stability. But the circumstances are seeming to render opinions about
years of Trump criticism. Even if the military justice system with problematic.” different now. policy matters, I think that’s dead,”
Biden is not eschewing norms the pardons, threatened to use active- Among Biden’s major sup- “What I found distressing about said retired Maj. Gen. Charles Dun-
way Trump did, his team’s choices duty troops to respond to protesters porters are retired Gen. Stan- Austin,” Feaver said in an inter- lap, a former deputy judge advocate
will be scrutinized for any evidence demonstrating for racial equality ley McChrystal, the former top view, “is that everybody under- general of the Air Force.
the incoming president is straying and siphoned off billions from the commander in Afghanistan, and stood it was problematic to issue But Ulrich, who now teaches at
from the traditions he has pledged Pentagon budget to build his bar- retired Adm. William McRaven, the waiver for Mattis. But it made the Air Force Academy, believes
to uphold. rier along the U.S.-Mexico border. who oversaw the raid that killed sense to do so given the extraordi- that civilian and even some mili-
“I think it’s one more example Trump also repeatedly referred to Osama bin Laden. Both have criti- nary situation. We are supposed to tary leaders must appreciate more
of the pernicious trend of civilians his military leaders as “my gener- cized Trump and played advisory be in a return to normalcy.” fully why limiting the role of retired
taking shelter behind the legitima- als” and frequently bashed political roles on the Biden campaign. And But some also fear the Biden generals in democratic government
cy of uniforms,” said Kori Schake, opponents while speaking to mili- they have briefed the president- transition team is taking things in matters.
director of foreign and defense tary audiences. elect in recent days. a new and potentially damaging In her view, senior military of-
policy studies at the conservative The Biden team made a point of But the news that Austin, who direction by bringing on so many ficers still have a responsibility to
American Enterprise Institute who addressing the issue in the Demo- also briefed Biden recently, will be retired senior military officers at adhere to the profession’s nonparti-
has worked in the Pentagon and the cratic Party platform, pledging to his secretary of Defense will raise this early stage to take on tradi- san principles when they retire and
State Department and on the Na- restore balance. additional concerns. tionally civilian tasks. remain bound by their professional
tional Security Council. “The civil- The platform said Democrats Like Mattis, the four-star Aus- “The really unusual thing was ethics in civilian life.
ians on his defense team deserve would “end the Trump Adminis- tin, who left the Army in 2016, will how prominent senior retired mil- Ulrich said she will be looking to
more confidence from him than this tration’s politicization of the armed require a waiver from Congress itary were in the landing teams,” see if Biden follows Trump in ap-
portrays.” forces and distortion of civilian and because of the law that prohibits said Feaver, referring to the “agency pointing multiple generals to top
A Biden transition official in- military roles in decision-making.” retired officers from serving as sec- review teams” that were estab- civilian posts, not just in the Pen-
sisted that, unlike in past transi- But in one major respect the retary of Defense for at least seven lished after the election to man- tagon or intelligence agencies but
tions, the roles are not meant to be president-elect is so far not fol- years after they leave the service. age the handoff at federal agencies. elsewhere in the government. Her
political. Individuals “were chosen lowing his own advice, say multiple Mattis, who served as Trump’s “That is a very political post and advice for the incoming team: “Be
because they are well-respected retired officers and scholars: He’s first Pentagon chief, was the first almost always is done by civilian careful of the numbers.”
in their fields and, in many cases, using too many retired generals in retired general to be granted such political people,” he said at a recent “It’s a bad sign in another coun-
for their extensive experience in his political operation. a waiver since George Marshall in discussion on civil-military rela- try if you assign generals to do
the federal agencies they will now A recent trend of retired gener- 1950. tions hosted by the University of things that aren’t even national
help review for the incoming Biden- als endorsing political candidates “The law was put in place to Texas at Austin. “The Biden team security-related. Like to run some
Harris administration,” said the has emerged in both parties, which make sure there was a separation used quite a large number of senior other department,” she said, cit-
official, who agreed to respond to have tried to outdo each other with between the civil and military au- military on those landing teams. I ing the example of retired Gen.
questions only anonymously. competing rosters of former senior thority,” said Charles Allen, a re- winced a little.” John Kelly, who was Trump’s White
It is logical, the official added, officers supporting their candidate. tired Army colonel and a scholar One of the most prominent on the House chief of staff. “That’s what
that some defense and intelli- Hundreds of prominent former on civil-military relations at the Pentagon transition team is retired happens in military governments.”
gence experts will have military military commanders publicly en- Army War College. “You want to Navy Adm. Michelle Howard, a for- “I don’t think they are aware
backgrounds. dorsed Biden during the campaign have the military to have autonomy, mer vice chief of naval operations of what some of these underlying
But the civil-military balance and others lent their support to but also to be subordinate to civil- who is listed only as a professor at principles are and how some of
is an acute topic of debate in mili- Trump. ian authority as prescribed in the The George Washington University. these choices might undermine
tary circles and among scholars “I think it’s problematic when U.S. Constitution and by law, and She has also been mentioned as a those principles,” she added.
who specialize in the tradition of you ask retired military to sign en- not supplant it.” possible candidate to serve as Navy “It’s something we ought to pay
civilian control of the armed forces dorsement letters supporting this He added: “If you bring in a per- secretary, the service’s top civilian. attention to and watch it to make
and the military’s deeply held pro- candidate or that candidate,” said son with a military background, The Pentagon transition team sure things don’t get too far out
fessional commitment to remain Peter Feaver, a former National Se- they are very informed by the cul- also includes John Estrada, a former of kilter so the balance is broken,”
apolitical. curity Council official in the George ture that exists within their service. ambassador who previously served added the Army War College’s Al-
Trump appointed an unusually W. Bush administration and now a Their worldview and how they go as sergeant major of the Marine len. “For me, I think the concern
high number of retired generals to scholar on civil-military relations about solving problems may be Corps, the branch’s top noncom- is you want to have unchallenged
top civilian posts, including the at Duke University. “They are trad- more restrictive than if they were missioned officer. He is listed on civilian control of the military. You
secretaries of Defense and Home- ing on the nonpolitical status of the from another civilian or outside Biden’s website only as a retired want the military to be subordinate
land Security, national security military institution to make that agency.” State Department official. to civilian authority and not sup-
adviser and several positions on endorsement.” Feaver also said that four years Another member of the transi- plant it.”
10 | POLITICO | WEDNESDAY, DECEMBER 9, 2020
AP FILE PHOTO 2015
The reported nomination of retired Army Gen. Lloyd Austin to serve as secretary of Defense has been praised by some centrist Democrats and Republicans, but liberal Democrats are
concerned about the waiver that Austin, who retired from the military in 2016, will need to serve in the Cabinet post. “This is becoming a trend, and I don’t like it,” Sen. Brian Schatz said.
Austin running into stiff opposition from some Dems
AUSTIN from page 1
After officially announcing Services panel, expressed openness transition team consulted with military relations at the Pentagon
tinguished retired general officer Austin as his choice on Tuesday, to supporting a waiver for Austin, Senate Democrats prior to select- definitely need to be rebalanced,”
and not another.” Biden wrote in an Atlantic op-ed even though he said in 2017 that he ing Austin. Senate Minority Leader Slotkin said. “General Austin has
Picking a nominee who requires that Austin “should be confirmed would not support an exemption for Chuck Schumer (D-N.Y.) said on had an incredible career — but I’ll
a waiver makes a post that is or- swiftly” and said he hopes Congress future nominees. Tuesday: “I’m just looking at all need to understand what he and the
dinarily drama-free much more grants a waiver. The president-elect “The burden of proof is on the of this now.” Biden Administration plan to do to
complicated. It also puts Congress cited Austin’s role overseeing the administration. It also comes down Notably, top Republicans, who address these concerns before I can
in the awkward position of doing drawdown of U.S. troops from ultimately to the quality of the nom- are favored to retain control of the vote for his waiver.”
something that most agreed should Iraq and ending Operation Iraqi inee,” Reed said. “Gen. Austin is an Senate after the Georgia runoffs in But Austin got an early boost in
be incredibly rare; a waiver must be Freedom, hailing him as a man of outstanding officer, and I think he January, suggested they had no issue his looming confirmation battle
approved by both chambers, giving “extraordinary skill and profound should have an opportunity to talk with granting a waiver to Austin. from House lawmakers in both
the House a stake in confirming a personal decency.” about his vision for the Department “I would do it in a heartbeat,” parties.
Cabinet official. His distinguished record as a of Defense, and that I think is the Armed Services Chair Jim Inhofe Rep. Anthony Brown (D-Md.),
Biden had faced enormous pres- military officer, though, doesn’t decisive factor. But still I think the (R-Okla.) said. “It’s not so much vice chair of the Armed Services
sure from the Congressional Black appear to be enough to move some preference would be for someone because of Austin. I don’t know Committee, quickly backed Austin.
Caucus to select an African-Ameri- Democrats. who’s not recently retired.” him that well. I just never have be- Brown publicly supported Flournoy
can as Defense secretary. Many ex- “I have the deepest respect and Austin’s nomination is already lieved that we should have to have to be Defense secretary and voted
pected Michèle Flournoy, a former admiration for Gen. Austin, and his putting many Democrats who op- that seven-year period in there. I against the waiver for Mattis.
undersecretary of Defense for pol- nomination is exciting and historic. posed a waiver for Mattis in the just don’t believe that. I would sup- “Lloyd Austin is top flight and
icy in the Obama administration, But I believe that a waiver of the politically tough spot of having port any of the waivers.” he’s the right choice to lead our ci-
to be picked to lead the Pentagon, seven-year rule would contravene to reverse course or vote to sink Though the Senate easily ap- vilian & military personnel at the
thereby sidestepping the waiver is- the basic principle that there should one of Biden’s top Cabinet picks. proved a waiver for Mattis in 2017, Pentagon,” Brown wrote Twitter
sue. If confirmed, Austin would be be civilian control over a nonpo- Democrats who have long favored deliberations in the House dis- on Monday.
the first Black Defense secretary. litical military,” said Sen. Richard preserving civilian control of the solved into a partisan battle after GOP Rep. Don Bacon of Ne-
“I, like many other senators, have Blumenthal (D-Conn.), a member military indicated they would be Trump’s transition team nixed the braska, a retired Air Force briga-
real reservations about giving an- of the Senate Armed Services Com- willing to give Biden the benefit of retired Marine general’s planned dier general, also said he’ll support
other waiver under federal law for a mittee who opposed a Mattis waiver the doubt. testimony before the House Armed a waiver for Austin.
recently retired general to become in 2017. “That principle is essential “I want to hear from the Biden Services Committee. Most House “It does not bother me to have a
secretary of Defense,” Sen. Tom to our democracy, and it’s the rea- administration, the Biden team, Democrats dropped their support retired general be the secretary of
Cotton (R-Ark.) said on Fox News. son for the statute, which I think about why they feel this pick, with for a waiver after Mattis failed to Defense,” Bacon said in an inter-
“I can tell you that senators across has to be applied, unfortunately, in the necessary waiver, is so critical,” testify, and the measure passed view on C-SPAN. “He is retired, so
the spectrum, from liberal Demo- this instance.” said Sen. Chris Murphy (D-Conn.), largely along party lines. he’s now a civilian.”
crats to conservative Republicans, Blumenthal and the 16 other who opposed Mattis’ waiver. “I in- Rep. Elissa Slotkin (D-Mich.), “He’ll have to answer some ques-
are opposed to doing that again.” Democrats who opposed a waiver herently trust the Biden adminis- a former senior Pentagon official tions during his tenure at Central
Austin, who left the military in for Mattis appeared unwilling to tration on issues of national secu- who worked with Austin, said she Command when ISIS took control
2016 after serving for 41 years, led back off their opposition. “I didn’t rity in ways that I do not inherently isn’t sold. Granting a waiver “just of a third of Syria and a third of
U.S. Central Command, a role in for Mattis, so I probably wouldn’t trust the Trump administration. So feels off” despite her “deep respect” Iraq,” he predicted. “He’ll prob-
which he was responsible for all for him,” Sen. Jon Tester (D-Mont.) I’m certainly — given that I’m a be- for the retired four-star general, the ably have to answer some ques-
U.S. military operations in the said bluntly. liever in his policy, I’m much more House Armed Services member said tions there. But from my perspec-
Middle East. He was previously But Rhode Island Sen. Jack Reed, willing to give him deference.” in a statement. tive, I think he’s going to be a good
the top U.S. commander in Iraq. the top Democrat on the Armed It’s unclear whether Biden’s “[A]fter the last four years, civil- choice.”