| | | | | |  | | By Alexander Ward and Quint Forgey | Presented by Lockheed Martin | With help from Daniel Lippman. | 
Reps. Peter DeFazio, Nancy Mace and Jamaal Bowman are leading a group of lawmakers in questioning the Biden administration's legal rationale for bypassing Congress before launching a military strike. | Kevin Dietsch/Getty Images | Send tips | Subscribe here | Email Alex | Email Quint FIRST IN NATSEC DAILY — Over 30 lawmakers — from both parties — today will send a letter to President JOE BIDEN questioning the administration's legal rationale for bypassing Congress before launching a military strike. "We are deeply troubled by your administration's dangerous claim that Article II of the Constitution permits you to bypass Congressional authorization to perform strikes inside Syria, as well as your administration's claim that the wide range of activities that you have undertaken as part of the ongoing U.S. occupation of a large swath of Syrian territory is justified by the Authorization for Use of Military Force ... of 2001," wrote the lawmakers, led by Reps. PETER DEFAZIO (D-Ore.), NANCY MACE (R-S.C.) and JAMAAL BOWMAN (D-N.Y.). "These claims raise serious constitutional questions about unchecked military activities conducted by the Executive Branch in Syria and Iraq without approval from Congress, and they could lead to actions that prolong the U.S.'s involvement in 'endless wars' overseas." Lawmakers detailed to NatSec Daily why they felt compelled to write the letter. "With great power comes great responsibility, and it must not be lost on us that using military force or going to war are some of the most consequential decisions that our government can make — not only for ourselves and our security but for that of those abroad who find themselves in the crosshairs," Bowman said. "The Biden administration must respect Congress's constitutional war powers authority and immediately provide transparency regarding unauthorized U.S. military involvement in Syria and the region, as well as its position on legal authorities to wage war and authorize U.S. military action," added DeFazio. Simply put, Article II notes the president is the commander in chief. As such, many administrations — not just this one — say it's legal for the president to order a military move without first seeking congressional approval. This was the argument Biden's team used to justify his February strikes on Iranian proxies in Syria 10 days after they attacked American forces in Iraq. "I would tell you that the president acted well within his constitutional authorities under Article II as commander in chief of the United States to protect American service members involved in operations. Clearly, there's a constitutional authority here," Pentagon spokesperson JOHN KIRBY told NBC News at the time. But the 32 members of Congress who signed the letter just don't buy that case: "The Constitution is clear: Article I, Section 8 of the Constitution grants Congress — and only Congress — the power to declare war. Once authorized by Congress, Article II, Section 2 of the Constitution allows the president to direct the military as Commander-in-Chief." They go on to say that the War Powers Resolution of 1973 states the president may only "introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances" under three scenarios: "(1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces." The lawmakers are worried Biden might authorize more strikes in Syria after a drone targeted American forces there last month. U.S. officials assume an Iranian proxy group was responsible, though it's unclear how much control Tehran had over the militants. The administration has yet to respond to the attack militarily. "The President takes very seriously his primary duty of protecting our personnel," a National Security Council spokesperson said in a statement. "The Administration also carefully considers in advance the legality, under both domestic and international law, of any potential actions it decides to undertake." The Pentagon didn't respond to requests for comment. The congressional letter is another data point in the continuing executive-legislative tussle over war powers. A transpartisan movement has formed to rein in a president's authorities, leading to more questions about the appropriate authorizations for the use of military force. Congress is currently debating whether to repeal the 2002 AUMF — Biden is in favor of repeal — as well as where to permit U.S. forces to operate. In September, for example, 141 members supported an amendment to the National Defense Authorization Act to end America's military presence in Syria. That wasn't enough to put it in, but it underscored the substantial congressional displeasure with the mission. A little side D.C. drama: Both Reps. ALEXANDRIA OCASIO-CORTEZ (D-N.Y.) and PAUL GOSAR (R-Ariz.) signed on to the letter. That's noteworthy because, well, you know... | | | BIDEN "CONSIDERING" DIPLOMATIC BOYCOTT OF BEIJING OLYMPICS: Ahead of a meeting with Mexican President ANDRÉS MANUEL LÓPEZ OBRADOR, Biden told reporters that he's "considering" a diplomatic boycott of the 2022 Winter Olympics in Beijing. That backs a report by The Washington Post's JOSH ROGIN that the administration may announce the boycott in the coming days. HAWLEY DROPS NATO AMB PICK HOLD: Our own CONNOR O'BRIEN and ANDREW DESIDERIO scooped that Sen. JOSH HAWLEY (R-Mo.) will release his hold on Biden's NATO ambassador pick, JULIANNE SMITH. "It comes after he sought assurances that she would press European allies to boost their goal of spending two percent of their gross domestic product on their defense by 2024," they reported. "The Missouri Republican said he was satisfied after receiving a letter from Smith today indicating her support for defense spending above that goal, established at the 2014 Wales Summit." In a statement to POLITICO, Hawley said Smith "recognizes the need and has committed to push" for higher ally defense spending. Hawley's lift opens the door to Smith's confirmation as soon as today. DOD IG COUNTERS D.C. NG CHIEF'S CLAIMS: The Pentagon twice told D.C.'s National Guard chief to send its troops to defend the Capitol during the Jan. 6 insurrection, according to a new Defense Department's inspector general report — greatly undercutting the commanding general's account. "Army Secretary RYAN MCCARTHY first notified Maj. Gen. WILLIAM WALKER by phone at 4:35 p.m. that Walker was authorized to send troops to Capitol Hill, and then called the general again 'to reissue the deployment order' about 30 minutes after McCarthy 'originally conveyed it,'" per an unidentified Army witness, report the Washington Post's DAN LAMOTHE and PAUL SONNE. "A timeline of events that day, assembled by the inspector general's office, also indicates separate calls were made." That directly contradicts Walker's account. "Speaking at a joint Senate hearing on March 3, Walker recalled having a quick reaction force (QRF) geared up and said he was frustrated by the speed at which senior defense officials were responding. He told senators it was 5:08 p.m. when he received approval to deploy. The Capitol was breached at 1:50 p.m.," Lamothe and Sonne wrote. Walker, reached by the Post reporters, was apparently flabbergasted that the Army witness' comments were part of the report. "These were exigent circumstances. Rome was burning," Walker, now the House sergeant-at-arms, said. "I came danger-close to just saying, 'Hey, we're going,' and then resign. But prudent people talked me out of that decision. It probably wouldn't have been the right one." BELARUS MOVES MIGRANTS OFF POLAND BORDER: The Belarus-Poland migrant spat calmed down a bit today as Belarus cleared the main camps on the frontier, a move authorities from both nations confirmed to Reuters' KACPER PEMPEL and JOANNA PLUCINSKA. "These camps are now empty, the migrants have been taken most likely to the transport-logistics center, which is not far from the Bruzgi border crossing," a Polish spokesperson said. Why did this happen all of a sudden? It looks like pressure put on by European and Russian leaders. "The move to clear the camps came during a week of intensified diplomacy. Germany's Chancellor ANGELA MERKEL spoke by telephone twice in three days to Belarusian President ALEXANDER LUKASHENKO, normally shunned by European leaders," Reuters reported. "And Russian President VLADIMIR PUTIN on Thursday called on Lukashenko to start a dialogue with his opponents — who swiftly rejected the idea unless Lukashenko freed political prisoners first." U.S.-CHINA PRESS DEAL FACES SCRUTINY: Our China Watcher PHELIM KINE reports that the deal to loosen visa restrictions for journalists made by Biden and Chinese leader XI JINPING is getting some pushback from press freedom organizations. The agreement is a "step in the right direction," but fails to address that foreign journalists in China are routinely "mistreated, mishandled and denied visas arbitrarily," STEVEN BUTLER, Asia program coordinator at the Committee to Protect Journalists, a New York-based press freedom organization, told Kine. Per Kine, the State Department confirmed the deal , under which both countries will resume issuing visas to eligible journalists, extend the length of visas to one year and allow journalists to "freely depart and return" without risking their visa status. Most important, the U.S. secured a commitment to allow American journalists expelled from China in the past year "to return to the PRC to continue their important work." That hasn't pleased everyone. "There is a problem with the concept of trading [U.S.] independent media access to a dictatorial country in exchange for granting access to [China's] state propaganda media to the U.S.," said CEDRIC ALVIANI, the Taiwan-based East Asia bureau head for Reporters Without Borders. "The U.S. media should not have to beg for the possibility to cover China and this should not be part of an agreement between states." IRANIAN HACKERS INDICTED: Federal prosecutors announced charges today against SEYYED MOHAMMAD HOSSEIN MUSA KAZEMI and SAJJAD KASHIAN, the two Iranian hackers accused of attempting to sow chaos and fear during the 2020 U.S. presidential election, our own ERIC GELLER reports. According to the indictment , Kazemi and Kashian stole more than 100,000 voters' private information from the election website of an unspecified U.S. state, sent threatening emails to voters and spread false claims about election security vulnerabilities, according to the indictment. Prosecutors said Kazemi and Kashian also hacked into an unnamed news organization as part of an apparent plan to further spread their false claims, but the FBI and the news organization were able to contain the attack and prevent the hackers from doing that. IT'S THURSDAY: Thanks for tuning in to NatSec Daily. This space is reserved for the top U.S. and foreign officials, the lawmakers, the lobbyists, the experts and the people like you who care about how the natsec sausage gets made. Aim your tips and comments at award@politico.com and qforgey@politico.com, and follow us on Twitter at @alexbward and @QuintForgey. While you're at it, follow the rest of POLITICO's national security team: @nahaltoosi, @woodruffbets, @politicoryan, @PhelimKine, @BryanDBender, @laraseligman, @connorobrienNH, @paulmccleary, @leehudson, @AndrewDesiderio and @JonnyCustodio. | | A message from Lockheed Martin: Going beyond manufacturing optimization to the next digital revolution.
Lockheed Martin's mission-driven transformation includes the entire system lifecycle to connect everything with a digital thread—from early design and rapid prototyping through production and sustainment. The result? Faster deliveries, agile responsiveness and data-driven insights for the warfighter. Learn More | | | | | | ADMINISTRATION OFFICIALS AT ODDS OVER IMMIGRATION: New reporting from The Wall Street Journal's MICHELLE HACKMAN and TARINI PARTI reveals internal fissures among top Biden administration officials over how best to handle immigration issues linked to the U.S. refugee cap, asylum seekers, and increased migration from Haiti and Central America. Some senior officials — backed by progressive Democrats in Congress and powerful advocacy groups — "say policies aimed at deterring migrants from crossing the border don't work and support overhauling the immigration system to resolve requests for asylum faster, give asylum seekers the ability to apply from their home countries and create more legal immigration pathways," Hackman and Parti write. But on the other side are officials — among them White House chief of staff RON KLAIN , national security adviser JAKE SULLIVAN, senior adviser CEDRIC RICHMOND and domestic policy adviser SUSAN RICE — who "favor deterrence strategies, including ramping up deportations and putting pressure on Mexico to step up enforcement, saying the administration needs to reduce arrests before tackling long-term changes." "Prolonged administration debates over whether to deport Haitian migrants were especially fractious," Hackman and Parti report. "… Some of Mr. Biden's top advisers, who favored the mass deportations, said images of the migrants under the bridge [near Del Rio, Texas,] weeks after the chaotic withdrawal of troops from Afghanistan could add to the criticism that the administration was losing control of tough situations."
| | | U.S. AND U.K. TO COMBINE FORCES IN CYBERSPACE: The United States and United Kingdom will work together to "impose consequence" on adversaries in the cyber realm, both governments said in a joint statement. Gen. Sir PATRICK SANDERS and Government Communications Headquarters Director Sir JEREMY FLEMING and U.S. Cyber Command head Gen. PAUL NAKASONE "reaffirmed" their commitment to take on joint threats in cyberspace together. "We agree that strategic engagement in cyberspace is crucial to defending our way of life, by addressing these evolving threats with a full range of capabilities," they said in a joint statement. "We will achieve this by planning enduring combined cyberspace operations that enable a collective defence and deterrence and impose consequences on our common adversaries who conduct malicious cyberactivity." The statement came after both militaries held the first in-person headquarter-level discussion on cyber matters in two years. | | | | BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we've got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don't miss out on this influential global community. Subscribe now. | | | | | | | | ALASKA GETS DOD STUDIES CENTER: Our friends at Morning Defense (for Pros!) report that Anchorage, Alaska will be the site of the Pentagon's Ted Stevens Center for Arctic Security Studies , the sixth such regional center, including ones for the Indo-Pacific, Europe, the Western Hemisphere, Africa and the Middle East. "The move comes as melting Arctic ice opens new shipping routes in the High North and as Russia is racing to establish bases and monitor and control," they wrote. I'm sure many national security followers had the same thought, but Breaking Defense's VALERIE INSINNA said it best on Twitter: "Somewhere, @SenDanSullivan is cracking open a beer in celebration."
| | | GILLIBRAND GOES UFO HUNTING: Sen. KIRSTEN GILLIBRAND (D-N.Y.), in an interview with our own BRYAN BENDER , promoted her proposed amendment to the National Defense Authorization Act that would create an "Anomaly Surveillance and Resolution Office" — essentially, an expansive military and intelligence program to study UFOs. "If it is technology possessed by adversaries or any other entity, we need to know," the senator said of unexplained sightings by Navy and Air Force pilots. "Burying our heads in the sand is neither a strategy nor an acceptable approach." Gillibrand, a member of the Senate Armed Services and Intelligence Committees, added: "I can count on one hand the number of hearings I had in 10 years on this topic. That's fairly concerning given the experience our service members have had over the last decade." Gillibrand's proposal goes well beyond a similar provision that was adopted as part of the House's version of the annual defense policy bill. The increased congressional attention to the issue follows a preliminary assessment from the director of national intelligence in June that reviewed more than 140 UAP incidents that could not be readily explained. POST-BENGHAZI DIPLOMACY BILL TO BE INTRO'D: A few weeks back, we featured Rep. SARA JACOBS (D-Calif.) because she planned to introduce the Diplomatic Support and Security Act, which would encourage U.S. officials abroad to leave their compounds and actually get to know the country they serve in. Well, filing day is today, Jacobs' office told us, and the lawmaker will introduce the bill with Rep. ADAM KINZINGER (R-Ill.) as a co-lead. "I'm proud to introduce the Diplomatic Support and Security Act with Congressman Kinzinger because we can't rebuild our world class diplomatic corps without ensuring our diplomats are actually able to go out and do their jobs," Jacobs told NatSec Daily. "Leaving embassy compounds and capital cities will allow foreign service officers to be proactive and to do more preventative work, engage with a more diverse range of local members of civil society, and provide better information to colleagues and policy makers." "In an era where authoritarianism is being globally pushed by Russia and China, the United States needs to actively combat these malign forces — something we cannot do effectively from the safety of our embassy walls," Kinzinger added. "I want to thank Congresswoman Jacobs for her work on this legislation, and I look forward to working with our Senate colleagues to find a way forward." NDAA CLEARS ROADBLOCKS: Our friends at Morning Defense also say the NDAA cleared a major congressional hurdle Wednesday after Democratic leadership decided not to throw in China competitiveness measure into the must-pass legislation — moving DoD one step closer to getting its over $700 billion. But now comes another hard part: "[G]iven the repeated delays buffeting the defense policy bill, lawmakers are weighing alternate methods of reaching a final compromise on the NDAA between the House and Senate outside the normal conference committee process," MD reports. "HASC Chair ADAM SMITH predicted it will be 'hard if not impossible at this point to get into conference' due to the procedural hurdles both chambers need to clear in a short time." "Plan B, he said, would be a 'pingpong' approach where one chamber amends a bill with compromise language and passes it through to the other chamber. It's a method employed in past years when the Senate didn't pass its own bill and a formal conference committee wasn't possible," per MD. | | | |   | | | | | | EXPERTS WANT BIDEN TO DO MORE TO PREVENT NUCLEAR ACCIDENT: The co-chairs of the Nuclear Threat Initiative — former Democratic Georgia Sen. SAM NUNN and former Energy Secretary ERNEST MONIZ — wrote a Washington Post op-ed calling for Biden to do more to avert an accidental nuclear launch. "President Biden can accelerate our efforts to reduce the risk of nuclear use by conducting a review aimed at strengthening nuclear 'fail-safe,' the safeguards that could prevent unauthorized, inadvertent or mistaken use of a nuclear weapon, including through false warning of an attack, and challenge other nuclear powers to conduct their own internal reviews," they wrote. "The broader aim of the fail-safe review process should be to reduce and (where possible) eliminate the risk of nuclear use as the result of an accident, a miscalculation, a false warning, terrorism or a deliberate act." "Such a review should assess options for improving technologies, processes and policies in ways that maintain required levels of nuclear weapons command and control. This could include a process for certifying the safety, security and reliability of nuclear systems and fail-safe procedures at least every two years," they continued. "Another option might be to implement, for the first time, a system that would allow for the post-launch destruction of nuclear weapons or their associated delivery systems, if launched by mistake." | | | — REX BOOTH is now senior policy adviser at the Office of the National Cyber Director. On a detail from CISA, he most recently was chief information security officer at the Pandemic Response Accountability Committee. | | | | DON'T MISS THE HALIFAX INTERNATIONAL SECURITY FORUM: Back in person for the first time since 2019, tune in as international security leaders from democracies around the world discuss key challenges at the 13th annual Halifax International Security Forum live from Nova Scotia. As an official media partner, POLITICO will livestream the conversation beginning at 3 p.m. on November 19. Check out the full three-day agenda is here. | | | | | | | | — JONATHAN GUYER, The American Prospect: "Burying the Evidence How the Military Concealed Its Best Chance at Solving Its Sexual Assault Problem" — JOHN LEICESTER, The Associated Press: " Ex-Interpol wife takes on China government" — KIRSTY NEEDHAM and STINE JACOBSEN, Reuters: "Monkey-brain study with link to China's military roils top European university" | | | — JEFFREY FELTMAN, U.S. special envoy for the Horn of Africa, begins his trip to Ethiopia: He "will meet with senior government officials, African Union representatives, and other international partners to discuss opportunities that advance a negotiated and sustainable cessation of hostilities and an end to the conflict," per the State Department. — The Finnish Institute of International Affairs, 7 a.m.: "Are Social Media Platforms Uniquely Responsible for Democratic Backsliding? — with STEVEN LIVINGSTON and ANTTO VIHMA" — The Istituto Affari Internazionali, 7:30 a.m.: " Italy Embraces the Belt and Road Initiative: Threats and Opportunities Through the Lens of Five Case Studies — with BEATRICE GALLELLI and FRISO STEVENS" — The Center for Strategic and International Studies, 9 a.m.: " China's Power: Up for Debate — with GERARD DIPIPPO, BONNY LIN and YAO YANG" — The Heritage Foundation, 11 a.m.: "A Keynote Speech by British Home Secretary, The Rt Hon PRITI PATEL MP, U.K. — with NILE GARDINER" — The Belfer Center for Science and International Affairs, 1 p.m.: "Afghanistan and Its Consequences — with RYAN CROCKER and TAREK MASOUD" — The International Institute for Strategic Studies, 5:30 p.m.: "The IISS Manama Dialogue 2021 — with LLOYD AUSTIN, FOUAD HUSSAIN, STEPHEN LOVEGROVE, BRETT MCGURK, FAISAL BIN FARHAN AL SAUD and more" Have a natsec-centric event coming up? Transitioning to a new defense-adjacent or foreign policy-focused gig? Shoot us an email at award@politico.com or qforgey@politico.com to be featured in the next edition of the newsletter. | | A message from Lockheed Martin: Lockheed Martin's mission-driven transformation embraces disruptive processes, technology and tools to drive faster deliveries, agile responsiveness and data-driven insights for the warfighter, including:
• Digital Engineering Model-based engineering optimizes design and links design, manufacturing and sustainment teams on a common digital thread to save costs and speed program lifecycles.
• Next-Gen Software A company-wide Software Factory is deploying DevSecOps approaches and enabling fast development and continuous deployment of software to advance customer missions.
• Digital Enablement Company-wide investments in process reinvention, business system modernization, 5G networking, cyber and cloud are laying the foundation for transformational capabilities.
• Data as a Strategic Asset Building the global infrastructure to share data instantly and securely, and the AI-powered, predictive analytics to glean insights that advance performance.
• Advanced Production Revolutionizing factories with smart tools, connected machines, networked supply chains and mixed reality tools for technicians to speed production and improve quality.
See our transformation in action. | | | And thanks to our editor, John Yearwood, from whom we'd also like to wrest some authority. | | | | Follow us on Twitter | | | | Follow us | | | | |
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