Biden notified Congress on Syria strike. GOP has some questions.

From: POLITICO's National Security Daily - Monday Mar 27,2023 08:01 pm
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By Alexander Ward, Paul McLeary, Matt Berg and Lawrence Ukenye

American soldiers deploy in Hassakeh, Syria, Tuesday, Jan. 25, 2022.

Republicans argue the administration intentionally withheld the notification to avoid tough questions about why there was a failure to protect Americans serving in northeast Syria. | Orhan Qereman/AP Photo

With help from Lara Seligman and John Sisco

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You know that the United States struck Iranian proxy targets in Syria following a deadly attack on Americans last week. What you might not know: There are swirling, GOP-fueled questions over when the administration notified Congress about it all.

The Iran-linked drone attack, which killed a U.S. contractor and wounded six other Americans, occurred at 6:38 a.m. local time in Washington, D.C. The notification to lawmakers didn’t come until around 8 p.m., per four congressional aides with direct knowledge who were granted anonymity to discuss classified matters. A fifth staffer said the leading Republican and Democrat in each chamber were notified ahead of the administration’s retaliatory attack plans and told of the initial assault at the same time.

That means there was about a 13-hour gap between the proxy attack in Syria and the official relay of information to Congress, as Sen. TOM COTTON (R-Ark.) confirmed in a Saturday tweet. So the question is: Was that a reasonable amount of time or cause for suspicion?

National Security Council spokesperson ADRIENNE WATSON contends it was a fast process. “All on the same day: we got hit, we planned and executed our response and we notified Congress," she told NatSec Daily. Former staffers who worked in the offices of congressional leaders, Republicans and Democrats, uniformly said that the notification timeline was reasonable given the delta between attack and notification.

And then there’s this: “The executive branch is not required to include any casualty information in reports to Congress under the War Powers Resolution, which requires that hostilities be reported to Congress within 48 hours if not already congressionally authorized. That said, the Biden administration did include casualty information in its notification to Congress, even though it was not required to do so,” TESS BRIDGEMAN, the co-editor in chief of Just Security, told NatSec Daily.

So what’s the problem here? Well, Republican lawmakers and aides contend that administrations typically notify Congress much sooner when an American is killed abroad and that President JOE BIDEN’s team had two clear incentives to delay the notification.

The first was that Gen. MICHAEL “ERIK” KURILLA, the head of U.S. Central Command, testified Thursday morning before the House Armed Services Committee. Republicans argue the administration intentionally withheld the notification to avoid tough questions about why there was a failure to protect Americans serving in northeast Syria.

Col. JOE BUCCINO, a CENTCOM spokesperson, confirmed that the military did not notify lawmakers of the attack on Americans in Syria ahead of the hearing. “At the time of his testimony, Gen. Kurilla was aware of the situation and developing response options,” Buccino said. “At the time the hearing began, leadership was working to notify the families, and Gen. Kurilla felt it was inappropriate to get ahead of that process in public.”

Of course, nothing stopped the administration from issuing a classified notification beforehand, which still would have barred lawmakers from asking questions about the attack in an open forum.

The second incentive, Republicans insist, is that the administration didn’t want to scuttle the passage of a bill that would repeal two authorizations for the use of military force. Also on Thursday, senators discussed amendments to the measure, including two about Iranian aggression on American troops

One amendment presented by Sen. MARCO RUBIO (R-Fla.) would have halted the repeal of the 2002 authorization, which greenlit U.S. military force in Iraq, until Iran stopped supporting terrorist and violent groups in Iraq and Syria. It was rejected 32-63. Another by Sen. LINDSEY GRAHAM (R-S.C.) offered provisions to ensure force against Iran was still permitted. His effort lost by 36-60. The votes wrapped up in the afternoon.

“The administration hid the news from Congress,” one GOP congressional staffer said. Another Republican Hill aide “questioned” the timing, specifically citing the war powers vote as a reason for the delay.

There’s no clear evidence that the administration purposefully withheld the notification until the hearing and amendment votes were over. A Democratic House member, who didn’t want to be identified in order to discuss classified deliberations, said of lawmakers and their staff that “usually they don’t get notifications until after or right before it’s public so they were actually happy with this timeline.”

 

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The Inbox

UKRAINE PLANS NEXT MOVE: Ukrainian forces are planning to pivot to defending Avdiivka after Russian troops shifted some of their focus away from Bahkmut, Reuters’ DAN PELESCHUK reports.

A Ukrainian defense official described Avdiivka as “post apocalyptic” as Kyiv’s forces have already worked intensely to defend Bahkmut from Russian control. Efforts to shift focus are part of Ukraine’s plan to continue degrading Russian forces in preparation for a counteroffensive in the coming weeks or months.

Moscow alarmed many in the West after Russian President VLADIMIR PUTIN announced plans to station tactical nuclear weapons near Ukraine’s border with Belarus. National Security Council spokesperson JOHN KIRBY said Monday that the administration hasn’t seen any movement of nukes to its client state.

ISRAELI JUDICIAL LAW DELAYED: Israeli Prime Minister BENJAMIN NETANYAHU delayed the passage of a highly controversial judicial overhaul measure under immense pressure from widespread domestic protests and the Biden administration.

“Out of national responsibility, from a desire to prevent the nation from being torn apart, I am calling to suspend the legislation,” he said Monday. “When there is a possibility to prevent a civil war through negotiations, I will give a time-out for negotiations.”

His decision came after national security minister ITAMAR BEN GVIR, a hardliner in Netanyahu’s coalition government, agreed Monday that the overhaul could happen after the upcoming Passover recess in April.

Under Israel's far-right government, Netanyahu’s plan to overhaul the judicial system would essentially strip Israel’s top court of its independence and defang the nation’s courts, own DAVID COHEN and NAHAL TOOSI reported Sunday night. Defense Minister YOAV GALLANT spoke out against the legislation and objected to the reforms, leading Netanyahu to fire him the next day.

Tens of thousands of people took to the streets across Israel as a result, with many chanting “the country is on fire,” lighting bonfires on Tel Aviv’s main highway and blocking many travel routes throughout Israel.

On Monday, NSC spokesperson Kirby added that the administration’s “concerns” with the “pending legislation is that it would fly in the face of the whole idea of checks and balances, and that the manner in which it was being pursued did not fully observe our belief that a consensus view, based on those being governed, was being driven at.”

HARRIS IN AFRICA: Vice President KAMALA HARRIS flew to Ghana to begin a weeklong trip in Africa with the goal of resetting relations between the U.S. and continent’s countries she’s scheduled to visit, our own EUGENE DANIELS reported Sunday night.

After Ghana, she’ll hit Tanzania and Zambia, holding bilateral meetings with the leaders of each of the three nations. The outing, Harris’ first trip in office to the continent, coincides with rising U.S. concerns about China's influence in Africa, where it has gained a huge economic foothold that the Biden administration is attempting to counter.

Four other top Biden officials have already visited Africa this year: U.N. Ambassador LINDA THOMAS-GREENFIELD, Treasury Secretary JANET YELLEN, first lady JILL BIDEN and Secretary of State ANTONY BLINKEN. President Biden plans to make a trip later in the year.

IT’S MONDAY: 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 mberg@politico.com, and follow us on Twitter at @alexbward and @mattberg33.

While you’re at it, follow the rest of POLITICO’s national security team: @nahaltoosi, @PhelimKine, @laraseligman, @connorobrienNH, @paulmcleary, @leehudson, @magmill95, @johnnysaks130, @ErinBanco and @Lawrence_Ukenye.

A message from Lockheed Martin:

Enabling a world of unlimited possibility and 21st century security.

Lockheed Martin employees and customers are bound by a common cause. Ennobled by our shared patriotism, we will do all that is necessary to protect American and allied interests. Together, we will strengthen deterrence and help ensure mission readiness today. Learn more.

 
2024

BOLTON ON BIBI: Former national security adviser JOHN BOLTON said he “cannot understand” how people believe Netanyahu’s plan to overhaul the nation’s judicial system threatens democracy.

“I think the way Israel has its judicial nominations set up now is undemocratic,” he said on CNN Monday morning, defending the prime minister’s push.

Bolton, who has flirted with a potential GOP presidential run, conceded that “some of the other proposals, I think, are more controversial [and] would certainly be controversial in our country. But the idea that the judges select their successors, I just think strikes me as fundamentally anti-democratic.”

Keystrokes

SPYWARE BEWARE: Biden on Monday signed an executive order intended to restrict the use of some targeted commercial spyware technologies by the U.S. government due to concerns around national security and privacy threats, our own MAGGIE MILLER reports (for Pros!).

The executive order, which applies to all U.S. agencies including the intelligence community and law enforcement, establishes a list of factors to evaluate what types of spyware the U.S. government should use. It prohibits the use of spyware that has been used by a foreign government to spy on U.S. civilians, or if it has been used by foreign government engaged in human rights abuses.

These steps ensure that the executive order would still allow the U.S. government to use some forms of surveillance, but likely excludes the use of technologies from companies like the controversial Israeli firm NSO Group.

 

JOIN POLITICO ON 4/5 FOR THE 2023 RECAST POWER LIST: America’s demographics and power dynamics are changing — and POLITICO is recasting how it covers the intersection of race, identity, politics and policy. Join us for a conversation on the themes of the 2023 Recast Power List that will examine America’s decision-making tables, who gets to sit at them, and the challenges that still need to be addressed. REGISTER HERE.

 
 
The Complex

MORE WISH LISTS: The Air Force is requesting $2.5 billion for six unfunded projects, report our friends at Morning Defense (for Pros!). The most expensive line item is $1.2 billion for 21 military construction projects that include everything from family housing to F-35 maintenance facilities, our own LEE HUDSON scoops.

The service is also requesting $633 million to accelerate the delivery of two E-7 Wedgetail aircraft. Other priority projects include F-15-EX conformal fuel tanks, communications equipment and classified cloud infrastructure.

Meanwhile, the Space Force is requesting $477 million for seven projects, including six classified programs.

FTC'S KHAN CALLS OUT DEFENSE DEALS: Years of consolidation in the defense industry is a growing national security concern, said LINA KHAN, the antitrust hawk helming the Federal Trade Commission, at an event held today at Main Justice. The FTC reviews defense mergers in partnership with the Pentagon, including Lockheed’s takeover of solid rocket motor maker Aerojet Rocketdyne, which it blocked last year.

“There’s also been a reckoning within the defense world about how wholesale consolidation of the defense industrial base is actually making us much less secure, and has serious national security implications,” Khan said, per our own JOHN SISCO. That the Defense Department has “been connecting the dots between concentration and market power and some of these other factors like national security has been enormously important.”

After the Lockheed deal failed, Aerojet is trying again, this time with a deal in December with L3 Harris Technologies. That deal has also raised eyebrows at the FTC, and the agency is investigating.

On the Hill

‘NOT A GOOD LOOK’: Senate Majority Leader CHUCK SCHUMER is stepping up a fight with Sen. TOMMY TUBERVILLE (R-Ala.) this week over the latter’s hold on more than 150 Pentagon nominations in protest of abortion policy at the Defense Department, our friends over at Playbook report.

“Not a good look for Republicans to be holding up promotions for key military leaders,” Schumer’s office said in an email last night.

“What’s not a good look is the Biden administration politicizing our military and illegally turning the Pentagon into an abortion travel agency,” a Tuberville spokesperson told Playbook, “all while missing enlistment goals by historic margins.”

On Monday, 37 Democratic senators sent a letter to Defense Secretary LLOYD AUSTIN saying it was a national security priority to provide troops with leave for abortion services. “We urge you to consider the availability of such care when considering the unique vulnerabilities service members face in deployments, military recruitment and retention efforts and U.S. military basing decisions,” they wrote.

 

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Broadsides

DO BETTER: The Biden administration is doing its Syria policy all wrong, nearly 40 former officials and experts wrote to the president and SecState Blinken on Monday, suggesting a new framework to end the nation’s crisis.

Among their suggestions: freeze the conflict lines, send long-term economic aid, send more diplomatic staff to help repatriate 10,000 ISIS prisoners and 50,000 women and children in camps and pursue a war crimes investigation into the Assad regime.

The signatories include former U.S. Central Command chief, retired Gen. FRANK McKENZIE, former special representative for Syria JAMES JEFFREY, former Rep. ADAM KINZINGER (R-Ill.) and ANNE PATTERSON, formerly the State Department’s assistant secretary for Near East Affairs.

CHARLES LISTER, who helped organize the letter, will brief State Department officials today about the proposed plan.

Transitions

SALONI SHARMA will serve as a special assistant to the president and senior adviser for communications in the office of the chief of staff, CNN’s ARLETTE SAENZ reports. She was previously a deputy spokesperson for the National Security Council.

JULIE JARRELL GRESHAM has been named vice president and chief counsel of Ingalls Shipbuilding. She will succeed GEORGE SIMMERMAN, who retires on March 31.

What to Read

— ANNE-MARIE SLAUGHTER and ELIZABTEH GARLOW, Project Syndicate: Beyond Industrial Policy

— ALEXANDER BURNS, War on the Rocks: What Frederick The Great’s Army Can Tell Us About Russia’s Private Military Company

— DALIBOR ROHAC, National Review: Supporting Ukraine Helps the U.S. against China

Tomorrow Today

— House Appropriations Homeland Security Subcommittee, 10 a.m.: Budget Hearing — FY2024 Request for the Cybersecurity and Infrastructure Security Agency

— The Government Executive Media Group, 11 a.m.: The Results Are In: Key Trends in Federal Cybersecurity Investment

Israel Policy Forum, 1 p.m.: Turmoil in Israel: No security without democracy

— The Institute of World Politics, 5 p.m.: Tactics to Counter Russian Disinformation

Thanks to our editor, Heidi Vogt, who always questions the timing of when we file.

We also thank our producer, Jeffrey Horst, who we notify everyday just how great he is.

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Lockheed Martin is helping you outpace evolving threats by accelerating our digital transformation. That means simulating wear-and-tear with digital twins so you can anticipate maintenance and reduce downtime. It means deep knowledge of your missions. It means industry-wide experience and next-gen technologies. We do it all to help you prevent and deter emerging threats sooner and faster than ever. Learn more.

 
 

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