Wednesday, December 8, 2021

Why this Democrat voted against the NDAA

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Dec 08, 2021 View in browser
 
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By Alexander Ward and Quint Forgey

Presented by Lockheed Martin

Rep. Tom Malinowski speaks during a hearing.

In this March 10, 2021, photo, Rep. Tom Malinowski speaks during a hearing on Capitol Hill in Washington. | Ken Cedeno/Pool via AP, File

With help from Connor O'Brien, Bryan Bender and Daniel Lippman

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Rep. TOM MALINOWSKI (D-N.J.) was one of 70 House members to vote against the National Defense Authorization Act on Tuesday night, explaining in a joint statement with two other lawmakers that he couldn't green-light the bill as measures to "fight against autocracy and corruption around the world" were quietly stripped out in conference.

"[A] small group of senators — for reasons that are not publicly explained or challenged — exercised a veto over these measures, even though most have repeatedly gone through regular order, have been passed by the House with overwhelming bipartisan support, and enjoy bipartisan backing in the Senate," Malinowski said alongside Reps. RO KHANNA (D-Calif.) and GERALD CONNOLLY (D-Va.).

NatSec Daily called Malinowski to get a better sense of what was up. He told us that, while he can't say for sure, Sens. JAMES INHOFE (R-Okla.) and JAMES RISCH (R-Idaho) got provisions taken out of the NDAA that would've sanctioned 35 Russian kleptocrats identified by dissident ALEXEI NAVALNY's organization ; codified a Libya arms embargo; determined a genocide was being committed in Ethiopia; and more.

"Why would anyone be against that?" Malinowski said on the phone, an incredulous tone in his voice. "They don't explain, they don't negotiate, they don't compromise, they just veto."

"There's just a tremendous amount of frustration that led some of us to vote against the bill. Even a number of people who voted for it share our concern," he said.

SUZANNE WRASSE, the communications director for the Senate Foreign Relations Committee where Risch is the ranking member, pushed back on Malinowski's comments.

"This is the sad reality of an NDAA process that was so truncated that we couldn't have robust conversations on a wide variety of provisions. Many things were left on the cutting room floor because the process didn't work as it has in the past," she told us, noting there were objections to the provisions Malinowski said had widespread approval. "To say that but for one or two senators that these provisions would have made it in the final NDAA is completely false and overly convenient."

A Republican aide on the Senate Armed Services Committee, where Inhofe is the No. 2, said "while we don't comment on the details of negotiations, I would note that Republicans are in the minority in both chambers and these provisions would have jeopardized swift passage of the NDAA."

In our conversation, Malinowski did note that cramming many significant foreign policy and national security bills into the NDAA is neither a way to legislate nor fair to the Senate Armed Services Committee charged with passing a defense authorization every year. "But it's done because it's so difficult to move individual pieces of legislation through the Senate without unanimity," he said.

This spat illuminates something deeper: Even as Congress claws back some foreign policy powers from the president, deep polarization and crunched timelines make it near impossible for lawmakers to have serious debates on key matters. It's another example of domestic dysfunction hurting America's global efforts.

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The Inbox

BIDEN: U.S. WON'T UNILATERALLY USE FORCE TO DEFEND UKRAINE: Asked by a reporter if sending American service members to Ukraine to defend it from a Russian invasion was on the table, President JOE BIDEN said it was not — but there was a bit of a caveat.

"That is not on the table. We have a moral obligation and a legal obligation to our NATO allies if they were to attack under Article 5, it's a sacred obligation. That obligation does not extend … to Ukraine," he said. "But it would depend upon what [the] rest of the NATO countries were willing to do as well. But the idea that the United States is going to unilaterally use force to confront Russia invading Ukraine is not on, in the cards right now. What will happen is there will be severe consequences."

The two caveats here are "unilaterally" and "right now." Biden left the door slightly ajar to potentially send troops to Ukraine as part of a multinational force, likely in partnership with NATO allies and other regional countries. And while Biden isn't considering a solitary American military action today, he could change his mind in the future — though Biden has yet to show any appetite for more wars abroad.

Read a full piece on this by Quint.

NDAA PASSES HOUSE: Our friends at Morning Defense (for Pros!) report on what's in the NDAA that passed the House on Tuesday night by a 363-70 vote — with more Republicans supporting the bill than Democrats.

Top-line boost: The bill authorizes a total of $768 billion for national defense programs. That includes $740 billion for the Pentagon, endorsing a $25 billion increase to Biden's budget.

Shipbuilding: Lawmakers backed 13 new Navy ships, five more than the Pentagon requested. They are: two Virginia-class subs; three Arleigh Burke-class destroyers; a guided-missile frigate; two fleet oilers; an ocean surveillance ship; two Expeditionary Fast Transport ships; and two towing, salvage and rescue ships.

Aircraft: The NDAA would procure 85 F-35 fighters as the Pentagon requested. It authorizes 17 F-15EX jets, five more than the Air Force sought. And the bill orders up to a dozen F/A-18E/F Super Hornets for the Navy that the service didn't seek. The bill also backs funding for five more CH-47F Block II Chinook helicopters and nine UH-60 Black Hawk helicopters for the National Guard, as well as additional funding for the CH-53K heavy lift helicopter.

Indo-Pacific: The deal greenlights $7.1 billion for the Pacific Deterrence Initiative, a roughly $2 billion increase from the request, aimed at beefing up the U.S. military posture and deterring China in the region.

Europe and Russia: The bill includes $4 billion for the European Deterrence Initiative, up from $3.4 billion requested by the administration, to deter Russia. Lawmakers also agreed to boost security assistance to Ukraine by $50 million for a total of $300 million.

National Guard: The compromise includes House-backed language that prohibits private funding for Guard deployments into another state except in response to natural disasters.

But the deal excludes another House Democratic initiative to give Washington, D.C., control of its National Guard.

INDIA'S MILITARY CHIEF DIES IN HELO CRASH: India's top military official, Gen. BIPIN RAWAT, died in a helicopter crash with his wife and 11 others, the country's official told reporters.

"A true patriot, he greatly contributed to modernizing our armed forces and security apparatus," Prime Minister NARENDRA MODI said in a statement, adding "India will never forget his exceptional service."

"General Rawat, 63, a former army chief, was elevated to the newly created position of chief of the defense staff in January 2019. His career has included leadership roles in the country's restive northeast, as well as United Nations peacekeeping missions abroad," The New York Times' SUHASINI RAJ and MUJIB MASHAL reported. "As the coordinator of the various wings of the Indian military and the principal uniformed adviser to the government, General Rawat had the task of overhauling and streamlining an Indian military that has struggled to modernize. Recent clashes with Pakistan and China have again raised concerns about the state of India's military equipment in the face of a two-pronged threat on its borders."

"General Rawat left an indelible mark on the course of the U.S.-India defense partnership and was at the center of the Indian Armed Forces' transformation into a more jointly integrated warfighting organization," Defense Secretary LLOYD AUSTIN said in a statement.

"Rawat's loss is huge because he played such a central role shaping Indian military policy at the highest levels, in so many different ways, and for such a long time," MICHAEL KUGELMAN , deputy director of the Asia program at the Wilson Center, told NatSec Daily. "His death has considerable implications for India's most fundamental security challenges — chief among them its efforts to counter China and its ongoing military modernizations. He'll be hard to replace."

CHANCELLOR SCHOLZ: Social Democrat OLAF SCHOLZ became Germany's ninth postwar chancellor Wednesday, succeeding ANGELA MERKEL after her 16 years in charge.

Our POLITICO team in Europe has a mini profile of the new boss:

"If you asked a southern German to describe the typical Hamburger (as in the person from the port city, not the delicious sandwich), they might well mention Scholz. His cool, unruffled persona fits with the cliché of the northern German. His sometimes robotic style earned him the nickname Scholz-o-mat; he's also been christened Teflon Scholz as scandals don't stick to him.

"A former mayor of Hamburg, Scholz was finance minister and deputy chancellor in Merkel's last government. Although the two are from different parties, Scholz presented himself as the Christian Democrat's natural successor in terms of leadership style — an unflashy pragmatist who gets things done.

"Although his disposition makes it unlikely he'll freak out once he sees what's on his plate, he might be forgiven for feeling overwhelmed: the fourth coronavirus wave, Omicron, climate change, surging inflation, Putin's Russia, Xi's China, Americans who want more commitment to NATO, and a rise in right-wing extremism, to name just a few."

Read POLITICO's mini-profiles of Scholz and his Cabinet.

100TH EDITION TOMORROW: Tomorrow's National Security Daily will be the 100th edition. Thanks for sticking with us this long, and we hope you've found our reporting and wrap-ups a useful addition to your news diet.

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Flashpoints

DRONES NEW 'WILD CARD' IN MIDDLE EAST: The Washington Post's JOBY WARRICK, SOUAD MEKHENNET and LOUISA LOVELUCK note the availability and proliferation of drones makes it easier for militias — not necessarily state-sponsored — to wreak havoc in the Middle East.

"Over the past two years — and most strikingly since early summer — Shiite militants have acquired new fleets of unmanned aerial vehicles, or UAVs, capable of small-scale, but highly accurate, strikes on a wide array of military and civilian targets," they report. "Western intelligence officials estimate that militants in Iraq and Syria alone have acquired 'scores' of new drones, ranging from sophisticated Iranian-built models, capable of long-distance flights, to cheaper off-the-shelf UAVs operated by remote control and modified to carry small but powerful explosives. Current and former intelligence officials said Iran began directly supplying at least two types of UAVs to its militia allies in Iraq shortly after the Trump administration's targeted killing of Major Gen. QASEM SOLEIMANI."

They also noted how a drone attack on Iraqi Prime Minister MUSTAFA AL-KADHIMI last month wasn't ordered by Tehran — a militia with the few-thousand-dollar drone launched the strike on its own. They're "feeling emboldened to carry out strikes with potentially catastrophic consequences — sometimes without waiting for approval from their ostensible sponsors," the Post reported.

Keystrokes

GOOGLE SUES RUSSIAN CYBERCRIMINALS: Google sued two Russians and 15 unidentified others allegedly behind Glupteba, a botnet that has worked its way into over a million computers and stolen information.

"According to a lawsuit filed in New York and unsealed on Tuesday, the botnet built by DMITRY STAROVIKOV, ALEXANDER FILIPPOV and their associates has become a 'modern technological and borderless incarnation of organised crime,'" the BBC reported. "Glupteba's malicious software — which was first detected in 2011 — is spread by third-party download sites, online movie streaming services and a website which fraudulently purported to be affiliated with YouTube, which is owned by Google."

"Glupteba is known to steal user credentials and cookies, mine cryptocurrencies on infected hosts, deploy and operate proxy components targeting Windows systems and IoT devices. [The Threat Analysis Group] has observed the botnet targeting victims worldwide, including the US, India, Brazil and Southeast Asia," the company wrote in a blog post.

The Complex

'LET'S LEAVE THEM GUESSING': The Chinese are still big cheats but Beijing's notorious history of pilfering Western technology does not fully explain their recent military advances, the Air Force's top intelligence analyst told our own BRYAN BENDER at DoD's Intelligence Information System Conference wrapping up today in Phoenix.

"Certainly we've all seen and known that China stole U.S. technology," said Col. MAURIZIO CALABRESE, commander of the National Air and Space Intelligence Center at Wright-Patterson Air Force Base in Ohio. "They have moved beyond in certain areas, certainly in hypersonic glide vehicles," compared to "anything we've seen demonstrated."

"I don't know everything we're doing on our side," he added. "So I don't want to sit here and say 'Oh the world is ending.' I'm not saying that at all."

But he left little doubt that China will continue trying to steal whatever it can, not just to gain a technological edge but to assess how its forces stack up.

"If given the opportunity they absolutely will take as much data as they can," Calabrese said, "even though it may not necessarily help them in their development of their systems because in certain areas maybe their systems are ahead of ours."

What is clear, he said, is that the industrial spying shows no sign of stopping. "The espionage will just continue," the colonel said. "They are clearly going to use that in their strategic calculation, just as we would in our strategic calculations."

"We have to be concerned for cybersecurity, really forever at this point," he added. "Are we ten feet tall? Let's leave them guessing."

SPACE FORCE LAUNCHED EXPERIMENTAL SATELLITES: The Space Force Tuesday sent up two experimental satellites "carrying payloads designed to detect nuclear explosions, keep tabs on space objects, monitor the weather and experiment with laser communications, in addition to some other classified capabilities," Breaking Defense's THERESA HITCHENS reported.

"The two satellites are carrying a number [of] payloads, though those onboard LDPE-1 are classified. STPSat-6 carries two main payloads, NNSA's nuke detector and NASA's laser communications link, and a number of other Defense Department experiments," she wrote.

 

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On the Hill

'THIS IS CHALLENGING': Biden's pick to be the No. 2 on the Joint Chiefs conceded a flatlined defense budget, like the one the administration requested, would be "challenging" for the Pentagon to meet its obligations, our own CONNOR O'BRIEN reports.

Adm. CHRISTOPHER GRADY made the comments in an exchange with Sen. DAN SULLIVAN (R-Alaska) at his confirmation hearing. Grady initially sidestepped Sullivan's myriad questions on the implications of Biden's budget and what China and Russia would infer about potential cuts to defense spending.

"I think that stable and predictable and adequate funding is important and that it needs to keep pace with the threat and inflation," Grady said.

"This doesn't, does it?" Sullivan asked of Biden's budget.

"This is challenging," Grady said.

Pressed again on how Beijing would perceive cuts, such as a shrinking of Navy shipbuilding efforts, Grady said: "I think the Chinese look at an isolated shrinking of the budget as a positive thing."

The Pentagon is already in a budget bind with Congress unable to agree to a full-year Pentagon funding bill. Lawmakers have agreed to a continuing resolution, which carries over the last year's funding levels and prevents the Pentagon from starting new programs, through mid-February. The CR locks in a defense budget enacted during the Trump administration that's below even Biden's defense proposal.

STATE AUTHORIZATION PASES IN NDAA: Tucked into the NDAA that passed in the House was a State Department authorization bill. If the legislation as is makes it through the Senate, it'll be the first time in nearly 20 years that Congress will greenlight a spending authorization for State.

"I am proud to have my bipartisan bill authorizing the State Department included in the NDAA which today passed out of the House of Representatives," HFAC Chair GREGORY MEEKS (D-N.Y.) said in a statement . "As I have made clear upon taking the Chairmanship of the House Foreign Affairs Committee, one of my top priorities has been reasserting our Committee's role in ensuring regular authorization of the Department of State by Congress, something that has not happened in nearly two decades. With its inclusion in the House NDAA, we are one step closer to accomplishing that goal, pending passage in the Senate."

Some on the Hill, though, said the passage wasn't wasn't a great victory. It was a skinny authorization that didn't go through committee, they note, and it didn't pass as its own standalone measure. Maybe next year.

Broadsides

'AMERICAN STRENGTH': Former U.N. Ambassador NIKKI HALEY released an online book, made up of articles by different writers, titled "American Strength: Conservative Solutions Worth Fighting For " that doubly serves as a Republican campaign platform and a rebuke to Biden's domestic and foreign policies.

"We're in the middle of a clash of civilizations. On the one side is freedom, embodied in America. On the other side is tyranny — brutal, barbaric tyranny. We face enemies who don't just want to defeat us. They want to destroy our way of life and bring the world back to the Dark Ages. Our people are counting on us to win this fight," she wrote in an introduction, blasting Biden over his Iran and Afghanistan actions, among others.

H.R. MCMASTER, former President DONALD TRUMP's third national security adviser, wrote in his China chapter that "[t]he Biden administration's failure to propose real growth in the defense budget was a sign of weakness as China continues its massive military buildup."

Criticisms toward the volume have already poured in, including from the right. Yale University's GREGORY BREW called the Iran essay by former U.S. Ambassador to Israel DAVID FRIEDMAN "insane." And some NatSec Daily readers reached out to say that JOHN HAGEE, author of the Israel section, is a problematic author.

One pointed us to a 2020 op-ed in Haaretz asserting Hagee is "an exceedingly dangerous man. He has for years pushed hate-mongering rhetoric against Muslims, Jews, and others, while advocating policies such as war with Iran to hasten the end of days in which the Jews (along with others) who fail to accept Christ will be destroyed."

 

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Transitions

— Cornerstone Government Affairs announced that KARYN RICHMAN and MATT SCHNAPPAUF will join its national security team. Richman joins from the House Appropriations Committee where she was a professional staff member, and Schnappauf was the director of the Navy's liaison office to the House.

What to Read

— NORMAN R. DENNY, Proceedings: "How to Absorb the Marine Corps into the Army and Navy"

— JAMES TRAUB, Politico Magazine: " Inside Joe Biden's 2-Day Zoom Plan to Rescue Democracy"

— HÉLÈNE LANDEMORE, Foreign Policy: "What Biden's Democracy Summit is Missing"

Tomorrow Today

— The Stimson Center, 9 a.m.: "Nothing is Impossible: Ted Osius on War Legacies and Mekong Issues — with THẢO GRIFFITHS and TED OSIUS"

— The United States Institute of Peace, 9 a.m.: "Libyan General Elections 2021: Discussion Series with Libyan Leaders — with ABDUL MAJEED SAIF AL-NASR and MIKE YAFFE"

— The Center for Strategic and International Studies, 9:30 a.m.: "The Capital Cable with MICHAEL MORELL — with VICTOR CHA, MARK LIPPERT and SUE MI TERRY"

— The Center for a New American Security, 10 a.m.: " Virtual Event: Lessons of the Syrian Conflict — with NICHOLAS DANFORTH, ELISA EWERS, ROBERT FORD and MONA YACOUBIAN"

— House Foreign Affairs Committee, 10 a.m.: "What's Next for Libya? The Path to Peace — with MEGAN DOHERTY and KAREN SASAHARA"

— Senate Homeland Security and Governmental Affairs Committee, 10:15 a.m.: "Full Committee Hearing: Examining Federal Efforts to Address PFAS Contamination — with ANDREA AMICO, MARK JOHNSON, RICHARD G. KIDD, LAURA MACALUSO, SEAN O'DONNELL, MICHAEL J. ROARK and ANTHONY M. SPANIOLA"

— The Atlantic Council, 11 a.m.: "Defending Democracy Worldwide: Strengthening Taiwan's Democratic Resilience — with LYNN LEE, NATHAN SALES and DAVID SHULLMAN"

— The Center for a New American Security, 12:30 p.m.: "Special Event: Fireside Chat with Deputy Secretary of Commerce DON GRAVES — with RICHARD FONTAINE"

— The Atlantic Council, 2 p.m.: "Is There a 'Plan B' for Iran? — with SINA AZODI, KELSEY DAVENPORT, MAHSA ROUHI, SIMA SHINE and BARBARA SLAVIN"

— The Center for a New American Security, 2 p.m.: "Mission Brief: The Next National Defense Strategy with Dr. MARA KARLIN — with BECCA WASSER"

— The Atlantic Council, 3 p.m.: " Sahel Development Summit — with ISSA DOUBRAGNE, LASSANE KABORE, OUSMANE MAMOUDOU KANE, FREDERICK KEMPE, ALOUSSENI SANOU and more"

— The Center for Strategic and International Studies, 4 p.m.: "A New Proposal for Effective Political Leadership in the Americas — with ISABELLE ANDERSON, TOMAS CEPPI, JOHN J. HAMRE, MARCOS PEÑA, PEPE SÁNCHEZ and MARGARITA R. SEMINARIO"

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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.

And thanks to our editor, Ben Pauker, who believes he personally embodies "American Strength."

 

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