rollcall--2020-01-24--Analysis: The Pentagon has a credibility problem, and it's only getting worse

Secretary of Defense Mark Esper , left , and Gen. Mark Milley , chairman of the Joint Chiefs of Staff , arrive for a briefing in Capitol Visitor Center for a closed-door briefing about Syria on Oct. 17 .
( Tom Williams/CQ Roll Call ) Americans breathed a collective sigh of relief when , the morning after Iran ’ s Jan. 8 ballistic missile attack on Al Asad air base in Iraq , Defense Department leaders said there were “ no casualties.
” That initial assessment has n't held up , and neither have the department 's varying statements on @ @ @ @ @ @ @ confirmed Friday that 34 personnel have been diagnosed with traumatic brain injuries or concussions from the strike .
While half have subsequently returned to duty , 17 continue to be treated in Germany and the United States , Jonathan Hoffman , the Pentagon 's chief spokesman , told reporters .
In the intervening weeks , details on the wounded have been reported in dribs and drabs , from eight initially , to 11 .
On Wednesday , a top commander in Iraq told reporters the number of injured was “ in the teens.
@ @ @ @ @ @ @ President Donald Trump weighed in , saying Wednesday in Davos , Switzerland , that he “ heard that they had headaches and a couple of other things.
” He added : “ But I would say , and I can report , it is not very serious , not very serious.
” On Thursday , when asked about cases of traumatic brain injury , or TBI , that stemmed from the Al Asad attack , Defense Secretary Mark T. Esper said he didn ’ t know the numbers .
“ Those are typically @ @ @ @ @ @ @ is mostly outpatient stuff .
So we can track that if — if you 're really interested in it , ” Esper said , according to the Pentagon ’ s transcript .
The following day , his spokesman confirmed 34 diagnoses of TBI .
To be sure , part of the Defense Department 's challenge stems from the fact that brain injuries can take time to develop and be diagnosed .
Accurate information isn ’ t always immediately available , and is subject to change as symptoms emerge .
We get that .
@ @ @ @ @ @ @ the damage to American troops .
And Esper ’ s remarks suggested that the Defense secretary was not tracking the status of service personnel whose injuries were serious enough to warrant treatment in Germany or the United States .
The issue also laid bare the quandary that faces Esper and the Pentagon : Answering truthfully could put them at odds with the commander in chief .
At his confirmation hearing in July , Esper said he would “ absolutely ” be willing to consider resigning if he was asked to do something “ @ @ @ @ @ @ @ months later , I ’ m left wondering : Is undermining the credibility of the Defense Department ethical ?
Ever since the U.S. drone strike in Iraq that killed Iranian Maj. Gen. Qassem Soleimani , Esper has come off at times like a cat chasing a laser pointer as he attempts to explain or backtrack the administration ’ s conflicting statements .
Esper and Gen. Mark Milley , chairman of the Joint Chiefs , initially described the killing as necessary to stop an “ imminent ” attack on U.S. personnel in the region @ @ @ @ @ @ @ were dubious about just how imminent those attacks were .
Later , Trump , who authorized the strike , said repeatedly that Iran planned to attack four U.S. embassies .
Asked about that claim on CBS ’ “ Face the Nation , ” Esper said he had not seen a specific piece of evidence “ with regard to four embassies.
” Esper did say he shared the president ’ s view that the threat “ could have been attacks against additional embassies.
” Trump later tweeted that “ it doesn ’ t really @ @ @ @ @ @ @ .
And , according to NBC News , the strike had been in the works for seven months .
Esper hasn ’ t addressed either .
“ That ’ s deeply corrosive to the confidence the Congress will have in the secretary of Defense , ” says Kori Schake , director of foreign and defense policy studies at the conservative American Enterprise Institute , of Esper ’ s verbal gymnastics .
“ He is either not being honest , or he ’ s not doing his job properly.
” The Soleimani strike is @ @ @ @ @ @ @ the president ’ s questionable security policies and directions .
Schake includes in this category going along with the national emergency declaration on the southern border and the repurposing of military construction funds for a border wall .
This policy was in place before Esper took office , but he just reaffirmed he agrees that it is a national security issue worthy of funds appropriated for military construction projects .
This position could end up costing the Defense Department — which always seems to be asking for more money — billions of dollars @ @ @ @ @ @ @ .
In the run-up to the House ’ s impeachment inquiry , Esper said publicly the Pentagon would comply with a congressional subpoena .
But when the White House clamped down on that , he reversed course .
Several Defense Department officials did testify of their own volition , but the department has not cooperated with the investigation .
Last month , Esper pushed back against a Wall Street Journal report that the Pentagon was considering sending thousands of more troops to the Middle East , a move that would seem to run @ @ @ @ @ @ @ to end endless wars there .
Speaking at the Reagan Defense Forum , Esper agreed when asked if the report was “ fake news.
” Yet in the wake of Iran tensions thousands more troops have been sent to the Middle East .
This runs counter to my impressions of Esper when I interviewed him one-on-one during his tenure as Army secretary .
Then , Esper was responsive , thoughtful and demonstrated an appreciation of the press ’ role in promoting a better understanding of the military ’ s inner workings among the @ @ @ @ @ @ @ ’ s different , says David Lapan , a retired Marine colonel who served as a Pentagon spokesman for multiple administrations , is that Esper is now in a role that attracts close scrutiny from the president .
“ It ’ s a combination of managing up and reflecting , at the end of the day , he is a political appointee who works for President Trump , ” Lapan says .
“ The military needs to remain apolitical , to be seen by the public as apolitical , and it needs to @ @ @ @ @ @ @ , that ’ s increasingly difficult to do.
” Lapan laments the decrease in the frequency and regularity of the Pentagon ’ s engagements with the press , something he traces back to the tenure of Jim Mattis , Trump ’ s first Defense secretary .
With the press ( and by extension , the public ) , trust and credibility are built over time , one forthright conversation after another , he says .
“ A time of crisis is really when you need to have clear , unambiguous communication , not @ @ @ @ @ @ @ to question credibility , to question the information you ’ re providing , ” says Lapan .
The Pentagon press corps is “ probably one of the most knowledgeable groups of reporters in the country , ” Lapan says .
Yet when Esper briefed them last week , he refused to discuss why he suggested that multiple embassies may have been targeted .
“ I ’ ve spoken a lot about Iran this week and I have nothing more to add , ” he said .
Translation : Please don ’ t make @ @ @ @ @ @ @ that may not be rooted in actual fact .
“ You actually don ’ t get many opportunities to preserve a reputation for honesty and integrity .
And once you lose it , you don ’ t get it back , ” observes Schake .
“ And I think one of the challenges for people in the administration is preserving their honesty and integrity when the president is comfortable lying to the American public.
” In other words , Esper ’ s Pentagon has a credibility problem .

Americans breathed a collective sigh of relief when, the morning after Iran’s Jan. 8 ballistic missile attack on Al Asad air base in Iraq, Defense Department leaders said there were “no casualties.”
That initial assessment hasn’t held up, and neither have the department’s varying statements on the matter since then.
The Pentagon confirmed Friday that 34 personnel have been diagnosed with traumatic brain injuries or concussions from the strike. While half have subsequently returned to duty, 17 continue to be treated in Germany and the United States, Jonathan Hoffman, the Pentagon’s chief spokesman, told reporters.
In the intervening weeks, details on the wounded have been reported in dribs and drabs, from eight initially, to 11. On Wednesday, a top commander in Iraq told reporters the number of injured was “in the teens.”
In the midst of this, President Donald Trump weighed in, saying Wednesday in Davos, Switzerland, that he “heard that they had headaches and a couple of other things.” He added: “But I would say, and I can report, it is not very serious, not very serious.”


rollcall--2020-01-24--At March for Life, Trump gets an enthusiastic reception

Charissa DiCamillo , 18 , of Glenmore , Pa. , demonstrates on Constitution Avenue in Washington on Friday during the annual March for Life .
( Tom Williams/CQ Roll Call file photo ) President Donald Trump , seeking to court evangelical voters , addressed thousands of activists gathered Friday on the National Mall for the nation 's largest annual anti-abortion rally .
Trump , who this week revealed his “ Pro-Life Voices for Trump ” coalition for his 2020 reelection campaign , has strong ties to the anti-abortion community and is the first president to speak onstage at the event @ @ @ @ @ @ @ ally in delivering policy priorities aimed at limiting abortion that he promised in 2016 .
“ On behalf of our marchers , I ’ d like to thank you for your stance and your record , ” said Jeanne Mancini , president of March for Life , as she introduced the president .
The crowd began assembling hours before the event , and a wave of red and blue winter hats boasting the “ Make America Great Again ” and March for Life logos could be seen on all sides .
Near the @ @ @ @ @ @ @ Trump teddy bear , and signs slamming Planned Parenthood and touting “ the pro-life generation ” were ubiquitous .
“ Today as president of the United States , I am truly proud to stand with you , ” Trump said , while also touting the “ tremendous turnout ” of the crowd .
Trump ticked off a laundry list of actions he ’ s taken to support abortion opponents since taking office , including restrictions to eligibility for the family planning funding program known as Title X and funding restrictions on nonprofits that @ @ @ @ @ @ @ Mexico City policy .
He also called on Congress to take action to limit abortion late in pregnancy and referenced legislation that Republicans say would protect infants born after attempted abortions .
“ The unborn have never had a stronger defender in the White House , ” he said .
“ Young people are the heart of the March for Life and it ’ s your generation that is making America the pro-family , pro-life nation.
” Guests onstage with Trump included GOP Sens .
James Lankford of Oklahoma and Mike Lee of @ @ @ @ @ @ @ president of the anti-abortion group Susan B. Anthony List .
“ Let ’ s go for the win and hear your pro-life voices heard in November , ” said Dannenfelser , who also co-chairs Trump ’ s new anti-abortion campaign coalition .
Vice President Mike Pence also spoke to the crowd Friday via a video message recorded in Rome , where he met with Pope Francis in the Vatican .
“ Today is also a day of progress and a day of celebration , ” he said .
“ Life is winning in @ @ @ @ @ @ @ Minority Whip Steve Scalise of Louisiana and New Jersey GOP Rep. Christopher H. Smith .
“ In 2013 , Barack Obama became the first president to address Planned Parenthood ’ s annual conference , ” Scalise said to boos and jeers from the crowd .
“ Today , Donald Trump became the first president to address the March for Life .
Don ’ t tell me elections don ’ t have consequences .
You know what ’ s at stake.
” Scalise also emphasized the legislation referenced by Trump that Republicans say would @ @ @ @ @ @ @ abortions .
“ We know that we need to protect life at every stage , ” he said .
“ Our bill has been blocked for a vote on the House floor by Speaker Nancy Pelosi.
” He added that anti-abortion advocates in the House have 204 of the 218 signatures needed to force a vote .
The day and week of the annual march are always marked by abortion policy pushes .
The Department of Health and Human Services ’ Office for Civil Rights announced Friday morning that it would issue a @ @ @ @ @ @ @ California related to its mandated insurance coverage for abortions .
OCR Director Roger Severino , in a call with reporters , said federal officials had received two complaints that the state was violating an annual policy rider known as the Weldon amendment , which prohibits states that receive federal funds from discriminating against plans and facilities that do not cover abortion .
“ States who received federal funds can not discriminate against health insurance plans that don ’ t cover abortion .
It ’ s very black and white , ” he said @ @ @ @ @ @ @ .
It does not need to be required as a policy matter .
As a legal matter , it can not be forced on others.
” Severino said he does not want those in California who are opposed to these plans to be “ left hanging in the wind.
” “ People will not be forced to choose between having insurance for their families and failing their conscience , ” he said .
“ This is serious business , and we want California to come to the table to do the right thing @ @ @ @ @ @ @ ” The state has 30 days to come into compliance before further action is taken , but Severino did not elaborate on the next steps or say which other states may also be violating this policy .
He compared the alleged violation to a prior controversy over complaints over a California law that required crisis pregnancy centers to post notices advertising state-funded abortions , against their beliefs .
That disagreement was eventually settled by the Supreme Court , which blocked the law through its National Institute of Family and Life Advocates v. Becerra @ @ @ @ @ @ @ Alex Azar issued a statement in support of the march .
Azar and Severino also spoke Friday morning at a separate anti-abortion summit hosted by the Family Research Council .
“ We ’ ve fought to protect the conscience rights of those who provide healthcare and participate in HHS-funded programs , ” Azar said in the statement .
“ We are proud to be ‘ the department of life ’ and will continue protecting life and lives while upholding the fundamental freedoms and inherent dignity of all Americans .
”

President Donald Trump, seeking to court evangelical voters, addressed thousands of activists gathered Friday on the National Mall for the nation’s largest annual anti-abortion rally.
Trump, who this week revealed his “Pro-Life Voices for Trump” coalition for his 2020 reelection campaign, has strong ties to the anti-abortion community and is the first president to speak onstage at the event. Activists see him as a key ally in delivering policy priorities aimed at limiting abortion that he promised in 2016.
“On behalf of our marchers, I’d like to thank you for your stance and your record,” said Jeanne Mancini, president of March for Life, as she introduced the president.
The crowd began assembling hours before the event, and a wave of red and blue winter hats boasting the “Make America Great Again” and March for Life logos could be seen on all sides. Near the stage, a supporter danced with a Trump teddy bear, and signs slamming Planned Parenthood and touting “the pro-life generation” were ubiquitous.
“Today as president of the United States, I am truly proud to stand with you,” Trump said, while also touting the “tremendous turnout” of the crowd.


rollcall--2020-01-24--US ready for potential coronavirus outbreak, CDC assures lawmakers

Sen. Richard Durbin , D-Ill. , departs from a news conference on Tuesday .
He told reporters Friday that federal health officials had positive things to say about China ’ s response to the coronavirus outbreak .
( Caroline Brehman/CQ Roll Call ) Federal health officials told lawmakers Friday that they have the resources they need to address the spread of the virus originating from Wuhan , China , although senators acknowledged the potential need for supplemental funding down the road .
The briefing for roughly two dozen senators came as the case count for the new version of coronavirus @ @ @ @ @ @ @ authorities there to effectively quarantine tens of millions of people in Wuhan and surrounding cities .
China ’ s National Health Commission reported 571 cases and 17 deaths as of Thursday , though news reports on Friday said there were now more than 800 cases and at least 26 deaths .
[ Supreme Court denies request for expedited appeal of challenge to 2010 health care law ] The Centers for Disease Control and Prevention on Friday said the risk to the general public in the United States was low as they announced a @ @ @ @ @ @ @ officials expect the number of U.S. cases to grow since 63 individuals are under investigation as potential cases .
So far , 11 of those 63 have tested negative for the virus .
Officials told lawmakers that Chinese authorities seem to be sharing information , and that local officials seemed prepared to handle additional cases that appear in the U.S. “ They did say positive things about China ’ s response , ” Senate Democratic Whip Richard J. Durbin , D-Ill. , told reporters .
“ We asked it with some skepticism because @ @ @ @ @ @ @ , ” he continued .
“ In some cases , they didn ’ t want the bad publicity and they didn ’ t move as quickly as they should have .
This was different.
” While the CDC has been screening travelers from Wuhan coming into the U.S. , Sen. Josh Hawley , R-Mo.
, questioned in a letter whether stricter travel restrictions should be implemented against people coming from the affected areas .
“ What I ’ ve asked today is I ’ d like to know what the procedures are going @ @ @ @ @ @ @ Security ] and others to monitor the situation , ” he said .
“ And if we get to a point where Americans are not just warned , but we need to restrict entry , when are we going to know , how are we going to know and what ’ s the decision process ?
” But Sen. Lamar Alexander , R-Tenn. , the chairman of the Health , Education , Labor and Pensions Committee , said he would leave the question of implementing travel restrictions to federal health officials .
“ @ @ @ @ @ @ @ , ” he told reporters .
Officials briefing the lawmakers were : CDC Director Robert Redfield ; National Institute of Allergy and Infectious Diseases Director Anthony Fauci ; Health and Human Services Assistant Secretary for Preparedness and Response Robert Kadlec ; Bureau of Oceans and International Environmental and Scientific Affairs Deputy Assistant Secretary for Science , Space and Health Jonathan Margolis ; and Rick Waters , director of the State Department China desk .
Alexander said officials received multiple questions on funding , but that the CDC said existing funds were sufficient for @ @ @ @ @ @ @ sure they have the money they need to do what they need to do , ” said Alexander , who is also an appropriator .
Sen. Benjamin L. Cardin , D-Md.
, said lawmakers could revisit the issue as the situation develops .
“ They seem to be fine , ” he told CQ Roll Call .
“ They may need supplemental funds .
I had private discussions on that .
But they have priority in their funding for this .
This is a priority .
They ’ ll do it .
We @ @ @ @ @ @ @ something.
” The case announced Friday was a woman from Chicago in her 60s who had returned to the U.S. after traveling from Wuhan on Jan. 13 .
The first case , confirmed on Tuesday , was a man from the Seattle area in his 30s who had also recently been to Wuhan .
In both cases , symptoms didn ’ t develop until after their return to the U.S .
The virus can take two weeks from the date of infection for a person to show symptoms , officials said .
But @ @ @ @ @ @ @ spread before a person becomes symptomatic .
Health officials from Illinois and Washington state reported that the individuals were in good condition but remained at hospitals for monitoring and to prevent further transmission .
Officials said the Chicago woman had limited movement outside of her home , didn ’ t take public transportation or attend any large gatherings .
No illnesses were identified among the contacts of the man from Washington .
A week ago , the CDC announced that it would begin screening passengers traveling from Wuhan at several large airports in @ @ @ @ @ @ @ China has shut down travel out of Wuhan .
The CDC is reconsidering whether the screenings are still needed , though officials could apply them to travelers coming from other Chinese cities .
Over 2,000 people were screened in the first week , and while no cases were found , one person was sent for further evaluation .
The CDC ’ s diagnostic test takes around four to six hours once a sample is received , but for now , the biggest delay to testing is states sending samples to CDC headquarters in @ @ @ @ @ @ @ get diagnostic testing equipment shipped to all states , particularly those most at risk .
The National Institutes of Health ’ s infectious disease division is researching a vaccine , in the hope it may develop one on an aggressive timeline of about three months .
Fauci and other NIH researchers wrote in the Journal of the American Medical Association this week that while vaccines for past outbreaks of coronaviruses — like severe acute respiratory syndrome , or SARS , in 2002-2003 — took 20 months between identifying the viral genome and human @ @ @ @ @ @ @ three months and for the new outbreak , researchers “ hope to move even faster.
” The Coalition for Epidemic Preparedness Innovations on Thursday announced three funding agreements with the University of Queensland and two drug manufacturers — Inovio Pharmaceuticals and Moderna — to speed development of a vaccine against the new version of the coronavirus .
The university and Inovio are building on their work targeting a similar virus that causes Middle East respiratory syndrome , or MERS , while Moderna is directly targeting the novel virus in China .
CEPI said @ @ @ @ @ @ @ vaccine to clinical trials within four months .

Federal health officials told lawmakers Friday that they have the resources they need to address the spread of the virus originating from Wuhan, China, although senators acknowledged the potential need for supplemental funding down the road.
The briefing for roughly two dozen senators came as the case count for the new version of coronavirus in China was rapidly increasing, prompting authorities there to effectively quarantine tens of millions of people in Wuhan and surrounding cities. China’s National Health Commission reported 571 cases and 17 deaths as of Thursday, though news reports on Friday said there were now more than 800 cases and at least 26 deaths.
[Supreme Court denies request for expedited appeal of challenge to 2010 health care law]
The Centers for Disease Control and Prevention on Friday said the risk to the general public in the United States was low as they announced a second case here. Still, CDC officials expect the number of U.S. cases to grow since 63 individuals are under investigation as potential cases. So far, 11 of those 63 have tested negative for the virus.
Officials told lawmakers that Chinese authorities seem to be sharing information, and that local officials seemed prepared to handle additional cases that appear in the U.S.


rollcall--2020-01-24--Executive privilege standoff could roil Trump impeachment trial timeline

Sen. Elizabeth Warren said the Senate should not ‘ pack our bags and go home.
’ ( Bill Clark/CQ Roll Call ) A legal fight over executive privilege in the middle of the Senate ’ s impeachment trial of President Donald Trump could put it into suspended animation .
If senators ultimately decide to subpoena Trump administration documents or seek witness testimony , House Democratic managers might have to decide whether to now wage court battles that were avoided during the House phase of the impeachment process .
Senate Judiciary Chairman Lindsey Graham has said in recent days that the @ @ @ @ @ @ @ claims that would likely be made by the White House regarding testimony from witnesses like acting Chief of Staff Mick Mulvaney and former national security adviser John Bolton , or go to the federal courts .
“ If the president claims executive privilege , I ’ ll give him the same right as every other president to litigate it , ” the South Carolina Republican told CQ Roll Call .
“ It means you ’ d have to stop the trial and it ’ d be a disaster for the country , and @ @ @ @ @ @ @ House to ever do this again .
So , if you really want a witness and they ’ re available to you , take the time to do it over there.
” Delaware Democratic Sen. Chris Coons said the question of seeking a legal remedy to get testimony from current and former White House officials would be “ a judgment call for the House managers.
” “ Executive privilege is not a ‘ get out of testifying for free ’ card .
You can ’ t use executive privilege to shield evidence of @ @ @ @ @ @ @ Trump wants to have a real defense in front of the Senate , he should consent to Bolton testifying , ” Coons said .
Senate Minority Leader Charles E. Schumer , asked Friday morning if Democrats would be willing to narrow some of their subpoenas to try to skirt any claims of executive privilege , said that ’ s “ jumping the gun ” when Republicans haven ’ t even said “ yes ” to the question of subpoenaing witnesses and documents .
“ We believe we need to get a full and @ @ @ @ @ @ @ serious trial — at minimum the four witnesses we asked for and the four sets of documents we ’ ve asked for , ” said Schumer , a New York Democrat .
Sen. Richard Blumenthal dismissed the idea that there could be an extended court process over Bolton ’ s potential testimony .
He said the issues are being addressed in litigation over a subpoena the House Judiciary Committee issued for testimony from former White House Counsel Don McGahn about what he told investigators in former Special Counsel Robert S. Mueller III ’ @ @ @ @ @ @ @ by Trump .
“ There should be no protracted legal battle .
The issue of executive privilege has already been decided in the McGahn case .
The president is not a king or a monarch .
He can ’ t just assert broad executive privilege of blanket immunity , ” the Democrat from Connecticut told reporters .
“ The president can do a lot more illegality , but I think the courts will reject that position very quickly.
” District Judge Ketanji Brown Jackson sided with the House , but it is now @ @ @ @ @ @ @ Appeals for the D.C .
Circuit .
House Counsel Douglas Letter wrote to the appeals court Thursday night , arguing that the statements by the president ’ s legal team in the impeachment trial undermined the Justice Department ’ s official position that the courts weren ’ t the appropriate venue for deciding such a dispute .
“ In light of President Trump ’ s argument , it is not clear whether DOJ still maintains its position that courts are barred from considering subpoena-enforcement suits brought by the House .
At the very @ @ @ @ @ @ @ that courts should resolve such suits undermines DOJ ’ s contrary threshold arguments in this case , which seek to prevent the House and its committees from seeking judicial resolution of subpoena-enforcement disputes .
The Executive Branch can not have it both ways.
” “ The impeachment trial statements excerpted by the Committee were simply expounding on the President ’ s position that the House can not have it both ways ; they plainly were not reversing the position that the House may not properly seek judicial enforcement of subpoenas against the Executive @ @ @ @ @ @ @ Hashim Mooppan .
Lead House impeachment manager Adam B. Schiff , addressing GOP arguments about executive privilege , said , “ Unlike in the House , where the president could play rope-a-dope in the courts for years , that is not an option for the president ’ s team here.
” The California Democrat told reporters that Chief Justice John G. Roberts Jr. , who is presiding over the trial , could make decisions on privilege claims .
“ We have a very capable justice , sitting in that Senate chamber , empowered @ @ @ @ @ @ @ of evidence and privilege , ” Schiff said .
While the Senate can override any ruling from the justice , Trump and Republicans fear Roberts “ will in fact apply executive privilege to that very narrow category where it may apply , ” Schiff said .
“ Executive privilege isn ’ t automatic .
The president has to assert it , ” Sen. Angus King , I-Maine , said Thursday night .
“ You can ’ t say a memo from OMB to the Department of Defense is executive privilege , and you @ @ @ @ @ @ @ to cover up your own wrongdoing.
” Sen. John Hoeven of North Dakota is among the Republicans who doubt that legal arguments would be swift .
“ They keep making the case that ... we subpoena more witnesses right away and do all that .
Well , the question is why didn ’ t the House do that because we ’ re going to have to do that , ” Hoeven said .
“ We could subpoena somebody , the White House would say , ‘ OK , executive privilege , ’ then @ @ @ @ @ @ @ ” Hoeven also said he has asked but not gotten clear answers about what happens in the event there is a need to go to court , noting that the regular order would restrict the Senate from doing other business without an agreement .
“ Do we recess then , or what do we do ?
” Hoeven asked .
Sen. Elizabeth Warren of Massachusetts , one of the Democrats running for president , said in response to a question about the possibility of a court battle about executive privilege claims by Trump @ @ @ @ @ @ @ s needed , even if it prolongs the trial .
“ We have to have a fair trial .
That ’ s what the Constitution requires , ” Warren told CQ Roll Call .
“ And if the president of the United States can throw up roadblocks , including roadblocks that may have no basis in law , and as a result the Senate just backs off and says , ‘ Well , I guess that ’ s hard , so we ’ re going to pack our bags and go home , @ @ @ @ @ @ @ impeachment works as a check on the president is completely lost .
”

A legal fight over executive privilege in the middle of the Senate’s impeachment trial of President Donald Trump could put it into suspended animation.
If senators ultimately decide to subpoena Trump administration documents or seek witness testimony, House Democratic managers might have to decide whether to now wage court battles that were avoided during the House phase of the impeachment process.
Senate Judiciary Chairman Lindsey Graham has said in recent days that the Senate would either need to honor the claims that would likely be made by the White House regarding testimony from witnesses like acting Chief of Staff Mick Mulvaney and former national security adviser John Bolton, or go to the federal courts.
“If the president claims executive privilege, I’ll give him the same right as every other president to litigate it,” the South Carolina Republican told CQ Roll Call. “It means you’d have to stop the trial and it’d be a disaster for the country, and I don’t want any other House to ever do this again. So, if you really want a witness and they’re available to you, take the time to do it over there.”
Delaware Democratic Sen. Chris Coons said the question of seeking a legal remedy to get testimony from current and former White House officials would be “a judgment call for the House managers.”


rollcall--2020-01-24--‘We gotta go, the trial started at 1 o’clock!’ — Congressional Hits and Misses

Naps , milk and fidget spinners all supposedly made appearances during the Senate trial this week .
But most of @ @ @ @ @ , since C-SPAN ’ s cameras were restricted .
But the Senate chamber cameras at @ @ @ @ @ lyrics , Supreme Court lecturing and desperate pleas to let Senators take a break for @ @

Naps, milk and fidget spinners all supposedly made appearances during the Senate trial this week. But most of us wouldn’t know, since C-SPAN’s cameras were restricted. But the Senate chamber cameras at least picked up Biggie Smalls lyrics, Supreme Court lecturing and desperate pleas to let Senators take a break for dinner.


rollcall--2020-01-24--This is what a giant pile of impeachment candy looks like

This is what an impeachment trial looks like .
( Bill Clark/CQ Roll Call ) If you ’ re wondering how the Senate impeachment trial is going , consider this historic photo .
A pallet of candy stands outside Sen. Pat Toomey ’ s office , shrink-wrapped .
Notice the Hershey ’ s bars ( milk chocolate with almonds ) .
And the Rolos .
And the stray Mike and Ikes ( flavor : berry blast ) .
No , Halloween has not come early .
This is the fuel that will power lawmakers through the next stage of President @ @ @ @ @ @ @ courtesy the mega-confectioners of Pennsylvania .
Toomey is the current keeper of the Senate candy desk , a longstanding tradition dating back to the 1960s that is pretty much exactly what it sounds like : candy distributed to senators from a desk .
The Pennsylvania Republican relies on the many candy makers of his home state to keep things well-stocked — especially now that the desk is getting its sugary moment in the impeachment sun .
Conditions are right for candy , with lawmakers stuck at the Capitol late into the night to @ @ @ @ @ @ @ for bits of color to liven up their stories .
Senators are bantering about ( and presumably eating ) candy .
Press secretaries are fielding questions about candy .
Reporters are writing about candy .
If anyone is winning this week , it ’ s the National Confectioners Association .

If you’re wondering how the Senate impeachment trial is going, consider this historic photo.
A pallet of candy stands outside Sen. Pat Toomey’s office, shrink-wrapped. Notice the Hershey’s bars (milk chocolate with almonds). And the Rolos. And the stray Mike and Ikes (flavor: berry blast).
No, Halloween has not come early. This is the fuel that will power lawmakers through the next stage of President Donald Trump’s impeachment trial, courtesy the mega-confectioners of Pennsylvania.
Toomey is the current keeper of the Senate candy desk, a longstanding tradition dating back to the 1960s that is pretty much exactly what it sounds like: candy distributed to senators from a desk.
The Pennsylvania Republican relies on the many candy makers of his home state to keep things well-stocked — especially now that the desk is getting its sugary moment in the impeachment sun. Conditions are right for candy, with lawmakers stuck at the Capitol late into the night to hear the case, and journalists scrounging for bits of color to liven up their stories.


rollcall--2020-01-24--Democrats pick women from key 2020 states for State of the Union response

Texas Rep. Veronica Escobar will give the Democrats ’ Spanish-language response to President Donald Trump ’ s State of the Union address next month .
( Tom Williams/CQ Roll Call file photo ) Democratic leaders announced Friday that Michigan Gov .
Gretchen Whitmer and Texas Rep. Veronica Escobar , who both hail from critical 2020 states , will give the responses to President Donald Trump ’ s State of the Union address on Feb. 4 .
Whitmer leads Michigan , a top presidential and congressional battleground that Trump won by less than half a percentage point in 2016 .
Escobar @ @ @ @ @ @ @ to the president ’ s address , represents a deep-blue district in Texas , where Democrats are hoping to make gains in the state ’ s diversifying suburbs .
Speaker Nancy Pelosi described Whitmer as “ a forward-looking leader who is laser-focused on solving problems for everyday Michiganders and is uniquely qualified to deliver Democrats ’ message of progress for all Americans.
” After serving in the state legislature and as a county prosecutor , Whitmer won the governor ’ s race in 2018 by nearly 10 points .
Michigan is a top @ @ @ @ @ @ @ especially with the state ’ s competitive Senate race between Democratic incumbent Gary Peters and Army veteran John James , as well as a handful of competitive House races .
Escobar , a freshman and one of the first two Latinas to represent Texas in Congress , recently joined House Democratic leadership as co-representative of the freshman class , replacing California Rep. Katie Hill , who resigned in October .
She succeeded Democrat Beto O ’ Rourke in the House , after he vacated his seat for an unsuccessful run for Senate in @ @ @ @ @ @ @ who represents a district that lies along the U.S.-Mexico border , Escobar has been critical of Trump ’ s immigration policies .
The 16th District includes El Paso , where a gunman targeted Latinos in August 2019 , killing 22 people at a Walmart .
“ Whether it ’ s giving a voice to Latinos across America , or helping her home town of El Paso heal after gun violence , or holding the Trump Administration accountable for its assaults on the vulnerable , Congresswoman Veronica Escobar has embodied the best of public @ @ @ @ @ @ @ , ” Senate Minority Leader Charles E. Schumer said in a statement .
Before coming to Congress , Escobar served as a county judge and a county commissioner .
She is a close ally of O ’ Rourke , whom she endorsed in his failed run for president .
The pair were part of a group of politicians , known locally as “ the progressives , ” who sought to revitalize downtown El Paso .
Escobar does not face a competitive race in a district Hillary Clinton carried by 41 points in 2016 @ @ @ @ @ @ @ rates her race Solid Democratic .
But Texas is a top target for Democrats , who are looking to flip several GOP-held House seats in the Lone Star State .
Democrats are also looking to give GOP incumbent John Cornyn a competitive Senate race this year , after O ’ Rourke nearly defeated Sen. Ted Cruz in 2018 .
Get breaking news alerts and more from Roll Call on your iPhone .

Democratic leaders announced Friday that Michigan Gov. Gretchen Whitmer and Texas Rep. Veronica Escobar, who both hail from critical 2020 states, will give the responses to President Donald Trump’s State of the Union address on Feb. 4.
Whitmer leads Michigan, a top presidential and congressional battleground that Trump won by less than half a percentage point in 2016. Escobar, who will give the Spanish-language response to the president’s address, represents a deep-blue district in Texas, where Democrats are hoping to make gains in the state’s diversifying suburbs.
Speaker Nancy Pelosi described Whitmer as “a forward-looking leader who is laser-focused on solving problems for everyday Michiganders and is uniquely qualified to deliver Democrats’ message of progress for all Americans.”
After serving in the state legislature and as a county prosecutor, Whitmer won the governor’s race in 2018 by nearly 10 points. Michigan is a top target for both parties this year, especially with the state’s competitive Senate race between Democratic incumbent Gary Peters and Army veteran John James, as well as a handful of competitive House races.
Escobar, a freshman and one of the first two Latinas to represent Texas in Congress, recently joined House Democratic leadership as co-representative of the freshman class, replacing California Rep. Katie Hill, who resigned in October. She succeeded Democrat Beto O’Rourke in the House, after he vacated his seat for an unsuccessful run for Senate in 2018.


rollcall--2020-01-24--Photos of the week: Trump's impeachment trial begins

House impeachment managers Rep. Adam B. Schiff , D-Calif. , at podium , flanked by , from left , Reps. @ @ @ @ @ Val Demings , D-Fla. , Sylvia R. Garcia , D-Texas , Hakeem Jeffries , D-N.Y. @ @ @ @ @ , and Jason Crow , D-Colo. , address the media in the Capitol on the @ @ @ @ @ Trump on Tuesday .
( Tom Williams/CQ Roll Call ) There wasn ’ t supposed @ @ @ @ @ the week this week because of the scheduled Congressional Martin Luther King Day recess .
@ @ @ @ @ normal times , we bring you our favorite impeachment trial photos of the week plus @ @ @ @ @ Pete .
Get breaking news alerts and more from Roll Call on your iPhone .

There wasn’t supposed to be a photos of the week this week because of the scheduled Congressional Martin Luther King Day recess. But since these are not normal times, we bring you our favorite impeachment trial photos of the week plus a bonus photo of Mayor Pete.
A U.S. Capitol Police officer checks a reporter for electronic devices as he passes through a magnetometer to enter the Senate chamber to take his his seat in the press section on Tuesday. (Bill Clark/CQ Roll Call)
Sen. Kyrsten Sinema, D-Ariz., arrives in style for the trial on Tuesday. (Bill Clark/CQ Roll Call)
A TV reporter gets ready before going on camera in the Russell Rotunda on Wednesday. (Caroline Brehman/CQ Roll Call)
White House Counsel Pat Cipollone exits the Ceremonial Office of the Vice President in the Senate Reception Room before the trial starts on Wednesday. (Bill Clark/CQ Roll Call)
Chief Justice John G. Roberts Jr. enters the Capitol for the impeachment trial on Wednesday. (Caroline Brehman/CQ Roll Call)
Trump’s outside counsel Jay Sekulow talks to reporters in the Senate Reception Room during a break in the trial on Wednesday. (Caroline Brehman/CQ Roll Call)
Former South Bend, Ind., Mayor Pete Buttigieg, a Democratic presidential candidate, speaks at the U.S Conference of Mayors’ 88th Winter Meeting at the Capital Hilton in Washington on Thursday. (Tom Williams/CQ Roll Call)
Sen. Ron Johnson, R-Wisc., speaks with reporters under the watchful eye of Benjamin Franklin as he arrives for the Senate Republicans’ weekly lunch in the Capitol before the start of Senate trial on Thursday. (Bill Clark/CQ Roll Call)
White House legislative affairs director Eric Ueland arrives in the Capitol before the start of Senate impeachment trial session on Thursday. (Bill Clark/CQ Roll Call)


rollcall--2020-01-24--Democrats seek to put teeth into ‘impoundment’ law

House Budget Chairman John Yarmuth wants to make it hurt if a president tries to block funding against lawmakers ’ wishes .
( Tom Williams/CQ Roll Call file photo ) A fresh legal opinion challenging President Donald Trump ’ s hold on Ukraine military aid under a Nixon-era budget law may or may not move the needle with senators in the president ’ s impeachment trial .
But one thing is clear : Trump ’ s delay of $ 214 million in Pentagon funds is just the latest in a long line of findings by the Government Accountability Office going @ @ @ @ @ @ @ have run afoul of the 1974 law .
That statute was aimed at restricting “ impoundments , ” where the executive branch refuses to spend money appropriated by Congress .
The only sanction or penalty , however , is going to court to force release of said funds , an option rendered moot when the money is ultimately released , as it typically has been — just not on the timetable lawmakers envisioned .
That fact has led to a resurgence of interest in changing the law itself to give it some actual @ @ @ @ @ @ @ top official at the Office of Management and Budget and Congressional Budget Office , said he sees merit in attempts to beef up enforcement of the law .
As it stands now , Anderson said , “ GAO is waving their finger , saying ‘ You ’ re bad.
’ But so what ?
” House Budget Chairman John Yarmuth told CNN last week after the GAO ’ s Ukraine aid finding that legislation is needed because under current law “ there really is no recourse ” to correct an illegal impoundment .
@ @ @ @ @ @ @ re considering legislation to try and tie down the administration a little bit more tightly , ” the Kentucky Democrat said .
Lawmakers are trying “ to come up with some penalties , which would unfortunately only be [ the ] possibility of fines if they deliberately violated the law , ” Yarmuth said .
And he said the bill would include “ increased transparency , so we ’ d have increased reporting requirements from the administration.
” Democrats may also try to insert language in spending bills for the coming fiscal year @ @ @ @ @ @ @ , according to a congressional aide .
“ Working with my colleagues on the Budget Committee , we will soon put forward strong reforms to address the Trump administration ’ s abuse of apportionment authority and appropriations law , ” House Appropriations Chairwoman Nita M. Lowey of New York said in a statement .
The term “ apportionments ” refers to OMB ’ s approval of agency plans to spend money appropriated by Congress .
Lawmakers provided no details and set no date for the introduction of legislation .
But budget analysts said @ @ @ @ @ @ @ offered the potential for both benefits and pitfalls .
“ I think it ’ s time to strengthen that law , ” said G. William Hoagland , a former Republican staff director on the Senate Budget Committee .
“ A rebalancing needs to be brought here .
It ’ s the legislative branch reasserting its authority over the power of the purse.
” But others expressed unease about imposing fines that could unfairly penalize career bureaucrats and do little to curb unwanted behavior .
“ I ’ m just afraid it may be @ @ @ @ @ @ @ ” said Jack Smalligan , who signed hundreds of apportionments during a 27-year OMB career .
“ It would be unfortunate if the law came down on the person signing the apportionments , ” said Smalligan , now a senior policy fellow at the Urban Institute , a Washington think tank .
“ That would change the job pretty significantly , ” he said , by putting career employees at risk of criminal violations .
Anderson said lawmakers could choose instead to withhold the pay of the OMB director for a violation of @ @ @ @ @ @ @ of the president — though Trump has said he donates his $ 400,000 salary to charity .
“ Most of these guys aren ’ t going to go on the bread lines if they miss a monthly check , ” Anderson said , in questioning the effectiveness of a fine .
“ What kind of penalty do you put on not spending money ?
” The Senate Budget Committee took its own stab at enforcement in November , as part of a bill it advanced to overhaul the budget process .
Maryland Democrat @ @ @ @ @ @ @ GAO legal analysis of Trump ’ s Ukraine aid hold , won adoption of an amendment aimed mostly at preventing the president from withholding money near the end of a fiscal year , when the funding would expire .
The provision would bar a deferral of funds within 60 days of their scheduled expiration .
It also would require the White House budget office to develop an “ automated system ” to publicly post apportionment documents and make monthly reports on apportionments to the Budget and Appropriations committees .
Any federal employee violating @ @ @ @ @ @ @ administrative discipline ” that includes the possibility of suspension without pay or removal from office .
The committee voted 13-8 to adopt the amendment , with three Republicans joining all Democrats and Vermont independent Bernie Sanders in support .
But Budget Chairman Michael B. Enzi of Wyoming joined most Republicans in opposing the provision , saying he wanted more time to explore the issue .
Van Hollen said at the markup that he knew of “ no substantive opposition ” to his amendment , which was designed to “ make sure we continue @ @ @ @ @ @ @ ” It ’ s not clear whether the Senate will take up the budget overhaul measure this year .
Van Hollen said he plans to introduce a standalone bill on impoundment with similar provisions within weeks and will seek to implement his proposals through fiscal 2021 appropriations legislation .
Congress passed the 1974 impoundment law to curb what were seen as abuses of presidential authority over appropriations .
The biggest impoundment battle came over President Richard Nixon ’ s refusal to spend billions of dollars appropriated under the Clean Water Act to help @ @ @ @ @ @ @ gives the president limited power to withhold appropriations .
He can request to permanently cancel spending by proposing a “ rescission , ” which Congress must then approve .
Or he can seek a “ deferral ” of spending , but not beyond the end of the fiscal year for which the money was appropriated .
The president must notify Congress of any deferral , which can only be imposed under limited circumstances .
The Trump administration , in footnotes attached to apportionment notices , argued it was delaying Ukraine aid “ to @ @ @ @ @ @ @ the best use of such funds.
” But the GAO , in its legal opinion , said the impoundment law “ does not permit deferrals for policy reasons.
” The White House has denied any violation of budget law or improper handling of the Ukraine aid .
Russell Vought , the acting White House budget director , tweeted last week that the administration “ complied with the law at every step.
” The administration has also questioned whether the executive branch is bound by GAO findings under the constitutional separation of powers principle @ @ @ @ @ @ @ of the legislative branch .
Not their first rodeo Since the 1974 law , GAO has issued various findings related to impoundment act violations , including in the defense arena .
One official who made multiple appearances in early 1990s agency legal opinions was then-Defense Secretary Dick Cheney , who later served as vice president under President George W. Bush .
For example , Cheney was found to have unlawfully withheld funds for the V-22 Osprey , a tilt-rotor aircraft designed to take off and land like a helicopter but fly like an @ @ @ @ @ @ @ and amid heavy congressional lobbying — not to mention then-President George H.W .
Bush ’ s own 1992 reelection campaign pressures — Cheney relented and let the Osprey program proceed .
Cheney was also charged with imposing an illegal moratorium on military construction projects in 1990 as the administration was battling Congress over budget cuts .
Decades later , Trump would also pick a fight with lawmakers over “ milcon ” funding , choosing to defer $ 3.6 billion in projects in order to fund his prized southern border wall .
Trump argues @ @ @ @ @ @ @ do so under a separate 1976 law that grants a president certain emergency powers for national security reasons , though litigation to block the move is still working its way through the courts .

A fresh legal opinion challenging President Donald Trump’s hold on Ukraine military aid under a Nixon-era budget law may or may not move the needle with senators in the president’s impeachment trial.
But one thing is clear: Trump’s delay of $214 million in Pentagon funds is just the latest in a long line of findings by the Government Accountability Office going back decades that presidents of both parties have run afoul of the 1974 law. That statute was aimed at restricting “impoundments,” where the executive branch refuses to spend money appropriated by Congress.
The only sanction or penalty, however, is going to court to force release of said funds, an option rendered moot when the money is ultimately released, as it typically has been — just not on the timetable lawmakers envisioned. That fact has led to a resurgence of interest in changing the law itself to give it some actual teeth.
Barry Anderson, a former top official at the Office of Management and Budget and Congressional Budget Office, said he sees merit in attempts to beef up enforcement of the law. As it stands now, Anderson said, “GAO is waving their finger, saying ‘You’re bad.’ But so what?”
House Budget Chairman John Yarmuth told CNN last week after the GAO’s Ukraine aid finding that legislation is needed because under current law “there really is no recourse” to correct an illegal impoundment.


rollcall--2020-01-24--Impeachment news roundup: Jan. 24

Impeachment news roundup: Jan. 24

House impeachment managers , from left , Reps. Sylvia R. Garcia , D-Texas , Jason Crow , D-Colo. , Val B. Demings , D-Fla. , and Hakeem Jeffries , D-N.Y. , walk through the Ohio Clock Corridor Friday on their way to hold a news conference before the start of their third and final day to make their impeachment case against President Donald Trump .
( Bill Clark/CQ Roll Call ) President Donald Trump ’ s attorney , Jay Sekulow , previewed what Saturday ’ s defense presentation would look like , noting it would begin at 10 a.m. and @ @ @ @ @ @ @ view of the president ’ s rebuttal with the main arguments taking place early next week .
“ I guess I would call it a trailer—coming attractions would be the best way to say it , but obviously we have three hours to put it out .
So we 'll take whatever time is appropriate during that three hours , kind of lay out what the case would look like , ” he said .
“ But no , next week is when you ’ ll see the full presentation.
” He called @ @ @ @ @ @ @ Senate decision , we respect the Senate ’ s process.
” “ Trust me , there will be plenty to cover , ” Sekulow said .
Trump ’ s lawyers plan to address Hunter Biden ’ s tenure on the board of Burisma , a Ukranian gas company .
“ Why they opened up the door , as wide as a double door , on the Hunter Biden , Joe Biden , Burisma issue .
I guess they figured that was their way of getting ahead of it .
We will address it @ @ @ @ @ @ @ s defense plans .
“ We ’ re going to rebut and refute and we ’ re going to put on an affirmative case tomorrow , ” Sekulow said .
Sen. Mark Warner , D-Va. , told reporters that he hopes the president ’ s lawyers do not advance the “ kooky ” theory that the Ukrainian government interfered in the 2016 election .
He also argued that Republican arguments against calling witnesses , including that the House should have done so , or a court case would delay the trial , will @ @ @ @ @ @ @ you are talking about impeaching a president , with Americans following this , if you somehow call a process foul at this point , particularly with John Bolton who has said he 's willing to testify , to me I do n't think that will hold muster , ” Warner said .
4:30 p.m. | Risky Bidens : In a scrum with reporters , Sens .
John Barrasso and Joni Ernst downplayed the House managers ’ presentation and chances of voting for more evidence at the close of the case .
“ You @ @ @ @ @ @ @ overwhelming evidence , ” Ernst said .
“ Well then likely would n't need additional evidence or witnesses.
” Barrasso said the House case took a “ risky ” turn by invoking the Bidens so frequently .
Ernst also analogized the actions taken by Trump in the House case to actions under the Obama administration on Ukraine policy , including the decision not to provide lethal aid and the 2012 hot mic moment when Obama said he would have more “ flexibility ” after his reelection .
Also those two senators , along @ @ @ @ @ @ @ knocked down questions about whether the Senate would consider censuring Trump , if there were not a vote to remove him .
The three said censure has only been brought up by reporters , not their colleagues .
4:45 p.m. | Write-ins : Sen. Kirsten Gillibrand indicated Democrats are looking forward to the write-in question phase of the impeachment trial .
She expressed particular interest in the recording reported by ABC News this week that allegedly shows Trump telling Rudy Giuliani associate Lev Parnas to “ get rid of ” former U.S .
@ @ @ @ @ @ @ It just proves another lie by President Trump , ” the New York Democrat said .
“ I want to specifically ask about the [ recording ] ... because President Trump said that he didn ’ t know Lev Parnas , and obviously he ’ s in a conversation with him about taking out one of his ambassadors , ” Gillibrand said .
When asked why Democrats want to introduce extra documents and witnesses despite asserting there is already overwhelming evidence to convict Trump on the impeachment articles , Gillibrand responded that the @ @ @ @ @ @ @ — it ’ s for skeptical Republicans .
“ Obviously they ’ re not persuaded yet , ” she said .
“ If you ask for corroborating evidence from people in President Trump ’ s inner circle , then it will be proven beyond a reasonable doubt , and I won ’ t understand how they could possibly not believe the testimony of these people who had direct conversations with President Trump .
It forces them to review more evidence , more facts to corroborate what 's already in the record.
” 4:30 @ @ @ @ @ @ @ Mazie Hirono applauded the House impeachment managers for showing a video of Trump ’ s remarks at a 2018 press conference with Russian President Vladimir Putin in Helsinki to bolster their case that the president ’ s policy in Eastern Europe often appears to align with Russian interests over U.S. foreign policy goals .
At that press conference in July 2018 , the president suggested that he took Putin at his word that Russia did not meddle in the 2016 U.S. elections , despite the widely accepted conclusion of top U.S. intelligence agencies @ @ @ @ @ @ @ We needed to be reminded of the visuals of that Helsinki meeting where you watch the president and Putin looking pleased as punch as you have our president mocking their talking points .
I think it ’ s one of the lowest points , ” Hirono said .
“ I was watching some of my Republican colleagues .
I tell ya , If there ’ s anything that should make them squirm , it ’ s that.
” Hirono indicated that she did not notice any discomfort among her GOP colleagues .
“ @ @ @ @ @ @ @ , ” she said .
1:55 p.m. | Final day : House impeachment managers on Friday launched their third and final day of arguments to remove President Donald Trump from office by focusing on a delayed military aid package to Ukraine , which House members say Trump withheld in hopes of receiving political favors from Kyiv .
Lead impeachment manager Adam B. Schiff opened the presentation before quickly ceding the podium to Colorado Rep. Jason Crow , an Army veteran who has focused his arguments before the Senate on the national security importance @ @ @ @ @ @ @ .
“ The delay wasn ’ t meaningless , ” Crow told the Senate early Friday afternoon , rebutting Republicans ’ claim that since the aid was ultimately released , no harm was done .
“ Real people , real lives are at stake .
Every day , every hour matters .
So , no , the delay wasn ’ t meaningless , just ask the Ukrainians sitting in trenches right now.
” First Crow and later Hakeem Jeffries of New York argued that if not for a White House whistleblower exposing the @ @ @ @ @ @ @ with his plan to hold the aid package hostage in exchange for Kyiv announcing an investigation into Vice President Joe Biden and his son Hunter Biden .
Democrats are focusing on the second of the two articles of impeachment — obstruction of Congress — this afternoon .
House impeachment managers focused much of their arguments Thursday on the abuse of power article , using the president ’ s words and messages related to Ukraine between people who reported to him to poke holes in the defense ’ s arguments before they make them @ @ @ @ @ @ @ , the lead House manager , closed Thursday ’ s presentation with an impassioned argument for why Trump should be removed from office .
“ You know you can ’ t trust this president to do what ’ s right for this country .
You can trust he ’ ll do what ’ s right for Donald Trump , ” Schiff said .
“ If you find him guilty , you must find that he be removed .
Because right matters .
And the truth matters .
Otherwise we are lost.
” 1:40 @ @ @ @ @ @ @ two critical issues in the impeachment trial — aside from the legal question of executive privilege — that Louisiana Republican Sen. John Kennedy took away fromThursday ’ s session .
“ The first question is why did the president ask for an investigation ?
Did he ask for an investigation of a political rival , or did he ask for an investigation of possible corruption by someone who happens to be a political rival ?
And there ’ s a big difference , ” the Louisiana Republican said .
“ Inextricably linked to @ @ @ @ @ @ @ my House manager friends yesterday , the second question is what did Hunter Biden do for the money ?
” Kennedy went on to preview what could take place on Saturday when Trump ’ s lawyers take the floor to present their case against impeachment .
“ I 'd be very surprised if the president ’ s counsel does n't address those two questions , ” he said .
“ Number one why did the president ask for an investigation and number two what did Hunter Biden do for the money ?
” @ @ @ @ @ @ @ make , not a criticism , it ’ s directed to both sides , old expression : Very few souls are saved after the first 20 minutes of a sermon , ” Kennedy said .
1:20 p.m. |Saturday schedule : Before House impeachment managers began their presentation , Majority Leader Mitch McConnell announced that the Senate will convene at 10 a.m. Saturday for the first of three days for Trump ’ s counsel to present its defense .
McConnell said the session is expected to run for “ several hours.
” 1 p.m. @ @ @ @ @ @ @ down Republicans ’ arguments about Trump invoking executive privilege to block more witnesses , saying “ unlike in the House where the president could play rope-a-dope in the courts for years , that is not an option for the president ’ s team here.
” “ We have a very capable justice , sitting in that Senate chamber , empowered by the Senate rules to decide issues of evidence and privilege , ” Schiff said .
While the Senate can override any ruling from the justice , Trump and Republicans fear Roberts “ @ @ @ @ @ @ @ that very narrow category where it may apply , ” Schiff said .
He argued it might not apply at all in this case “ because you can not use executive privilege to hide wrongdoing or criminality or impeachable misconduct.
” 12:45 p.m. | “ Totally ineffective ” : GOP Sen. Jim Risch said Schiff has been ineffective in his ability to persuade a jury .
“ Look , I 've tried a lot of cases , ” he said .
“ That method of presentation , if you ’ re trying to @ @ @ @ @ @ @ .
People can ’ t stay focused for that long on the same thing over and over again.
” Risch , who at one point fell asleep during the trial , pointed out that journalists weren ’ t in the chamber with senators late Thursday night .
“ I look up at you guys—you ’ re all gone , ” Risch said .
“ By the time we went home last night , there was nobody up there in the gallery.
” When a reporter noted that Republicans had control over the structure @ @ @ @ @ @ @ the topic .
12:40 p.m. | Burisma-gate : Republican Sen. Lindsey Graham , chairman of the Senate Judiciary Committee , said he doesn ’ t want to call witnesses like former Vice President Joe Biden and his son Hunter Biden for the trial , but he does believe their involvement in Ukraine should be investigated more .
“ I don ’ t want to call Hunter Biden .
I don ’ t want to call Joe Biden .
I want somebody to look at that when this is done , ” he said @ @ @ @ @ @ @ someone outside of politics — like a special counsel similar to Robert S. Mueller III who investigated Russian meddling in the 2016 election and the Trump campaign , look at the Bidens ’ involvement with Burisma rather than his committee pursue an investigation but that he ’ s committed to ensuring someone does investigate the matter .
“ I am going to look at this if nobody else does , and that doesn ’ t make me a Russian agent , ” he said .
12:30 p.m. | Not needed : Sen. John @ @ @ @ @ @ @ the notion that the Senate needs to consider new evidence that emerges as the trial unfolds , noting , “ There will be new evidence every day … and the House has said they are going to continue to investigate these things.
” He said the House is welcome to consider that and bring forward additional articles of impeachment if they like but since the impeachment managers claim the evidence is overwhelming , they shouldn ’ t need to introduce additional evidence .
“ I don ’ t believe there are any Democrats @ @ @ @ @ @ @ decision on how they ’ re going to vote and I can ’ t imagine there are many Republicans in the same situation , ” Barrasso said .
12:20 p.m. | “ Underwhelmed ” : Republican Sen. Thom Tillis said the case made by House impeachment managers has not convinced him that Trump should be removed from office .
“ Well we ’ ve heard all the evidence that they said was overwhelming and I ’ m underwhelmed , ” Tillis said of the House managers ’ case .
The North Carolina Republican @ @ @ @ @ @ @ whether the president committed an improper act , saying his job is to decide if Trump did something that warrants his removal .
“ I ’ m not going to get into the details of that , ” Tillis said .
“ I think at the end of the day , I ’ m here to judge whether or not there ’ s something that rises to the level of removing a sitting president .
I have n't seen the weight of the evidence for me to agree with that , or to @ @ @ @ @ @ @ Senate should vote for.
” “ It 's about whether or not there ’ s enough weight to remove a sitting president , ” Tillis said .
“ I do n't see it.
” 12 p.m. | Trust issues : Though he had praised Schiff ’ s presentation a day earlier , Senate Judiciary Chairman Lindsey Graham told reporters Friday he found the assertion in Schiff ’ s closing presentation Thursday that Trump is self-centered and running the country solely based on his personal interests to ring hollow .
“ I trust Donald @ @ @ @ @ @ @ for the country , ” he said .
“ I think you saw in there some animosity that needs to be resolved at the ballot box , not in the court of impeachment , ” Graham said .
11:20 a.m. | Laying the blame : House managers also increased the case for witnesses and documents , Schumer said .
After they presented their case on Thursday , “ It was clear who was the chief cook and bottlewasher in this whole scheme , this whole evil scheme : Mick Mulvaney , ” Schumer @ @ @ @ @ @ @ ’ ll never get Trump .
We know we ’ ll never get McConnell .
We know they ’ ll pressure Republican senators , ” Schumer said .
He noted they only need four Republicans to join Democrats in voting for subpoenas and 13 have never said a bad word about witnesses and documents .
11:15 a.m. | Executive decision : Schumer said Republicans ’ “ diversion of the day ” as to why they don ’ t want to call witnesses is “ flimsy ” arguments that it will take too long @ @ @ @ @ @ @ privilege .
The New York Democrat said arguments about time come after they voted to delay consideration of witnesses until after the question and answer portion of the trial .
“ Talk about talking out of both sides of your mouth .
Holy moly , ” Schumer said .
On executive privilege , Schumer argued that since former national security adviser John Bolton is no longer in the executive branch and is willing to testify that “ executive privilege can not be used against him.
” As for the other witnesses like Mulvaney @ @ @ @ @ @ @ predicted that if Trump wants to claim executive privilege that could be quickly quashed in the courts .
“ They would be given very prompt judicial review given the urgency and the stakes of an impeachment trial , ” he said .
If hearing from witnesses were important to Republicans , they could also go to the president and say they don ’ t want him to invoke executive privilege , Schumer added .
Asked if Democrats would be willing to narrow some of their subpoenas to try to skirt any claims of @ @ @ @ @ @ @ s “ jumping the gun ” when Republicans haven ’ t yet said yes to the question of subpoenaing witnesses and documents .
“ We believe we need to get a full and fair trial at such a solemn and serious trial — at minimum the four witnesses we asked for and the four sets of documents we ’ ve asked for , ” he said .
Will Democrats compile their questions together during the question and answer portion of the trial ?
“ No , I expect they are going to be @ @ @ @ @ @ @ whole lot of senators , ” Schumer said .
9:30 a.m. | What happens next ?
: Democrats have about eight hours left of their allotted 24 hours to present their case .
The president ’ s team is expected to begin its presentation Saturday , but two Republican senators said Thursday night that they had heard ‘ soft ” estimates that they would start at 9 a.m. and finish by noon before resuming on Monday .
Trump ’ s defense team has indicated that it will likely use all of its allotted @ @ @ @ @ @ @ opportunity to ask questions of both sides for 16 hours following the defense ’ s presentation before taking a vote on whether to hear from more witnesses late next week .
9:25 a.m. | Bad time slot : Trump tweeted Friday that he ’ s had “ to endure hour after hour of lies , fraud & deception by Shifty Schiff , Cryin ’ Chuck Schumer & their crew ” so far in the Senate trial .
He also complained that lawyers will have to start presenting their case Saturday , which “ @ @ @ @ @ @ @ ” He also repeated a frequent charge that impeachment is interfering with the 2020 election , but that ’ s what Democrats had planned all along .

File updated 5:45 p.m.
President Donald Trump’s attorney, Jay Sekulow, previewed what Saturday’s defense presentation would look like, noting it would begin at 10 a.m. and include time to lay out an overarching view of the president’s rebuttal with the main arguments taking place early next week.
“I guess I would call it a trailer—coming attractions would be the best way to say it, but obviously we have three hours to put it out. So we’ll take whatever time is appropriate during that three hours, kind of lay out what the case would look like,” he said. “But no, next week is when you’ll see the full presentation.”
He called the three-hour Saturday session, “the Senate decision, we respect the Senate’s process.”
“Trust me, there will be plenty to cover,” Sekulow said.


rollcall--2020-01-24--View from the gallery: Senators suffer through sniffles and sleepiness at Trump trial

South Carolina Sen. Lindsey Graham is surrounded by reporters Friday as he arrives for the Senate Republicans ’ lunch before the start of the day ’ s impeachment trial proceedings .
( Bill Clark/CQ Roll Call ) South Carolina Republican Lindsey Graham , one of the president ’ s fiercest defenders in the Senate , chuckled , bowed his head slightly and rubbed his left eyebrow .
Senate Minority Leader Charles E. Schumer and California Sen. Dianne Feinstein laughed and met the eyes of their knowing Democratic colleagues .
It was just after 6 p.m. Friday , just before a @ @ @ @ @ @ @ playing a montage of over-the-top statements by President Donald Trump on the Senate chamber ’ s temporary televisions .
“ Nobody knows the system better than me , ” Trump said in one clip .
“ I am the chosen one , ” he said in another .
This was the fourth long day in the Senate chamber of the third presidential impeachment trial in U.S. history , and the 100 senators were finding ways to make the best of the stretch of time they had to spend with each other .
Ahead @ @ @ @ @ @ @ had their heads down reading or writing on paperwork that didn ’ t appear to have any connection to the House managers ’ presentation .
Florida Republican Marco Rubio kept his head down and worked persistently on papers on his desk in the back row .
At one point , Tennessee Republican Lamar Alexander left his seat to stand and lean against a railing in the back of the chamber .
In front of him , GOP colleagues Ben Sasse of Nebraska and Bill Cassidy of Louisiana turned from some paperwork on their @ @ @ @ @ @ @ turned their attention back to their papers .
As House manager Val B. Demings of Florida spoke in the afternoon , Tennessee Republican Marsha Blackburn held a stack of papers that she read through her bright orange glasses .
Others during the day appeared to be drafting letters , reviewing documents , or holding folded newspapers , including Virginia Democrat Mark Warner , Wisconsin Democrat Tammy Baldwin and Georgia Republican David Perdue .
Cellphones , banned from the Senate along with other electronics , began to make an appearance in the chamber .
@ @ @ @ @ @ @ South Dakota Republican John Thune was among those seen with the contraband .
A senior aide reminded him of the rule , so he quickly went to the Cloakroom to stash it .
As for the public gallery , there was a bit of what the Capitol Police might call a situation .
A visitor got through unusually tight security and into the gallery without surrendering his cellphone Friday afternoon , but a doorkeeper caught the offender : Former Senate Majority Leader Bill Frist .
At about 4:30 p.m. , the erstwhile GOP @ @ @ @ @ @ @ second row of the third-floor gallery reserved for senators and special guests when a doorkeeper came down the staircase and checked to see if he had electronics .
As a former senator , Frist was exempt from the usual security protocols that include going through a magnetometer .
Frist handed over a device that appeared to be a cellphone , and the doorkeeper returned minutes later with a coat check card .
Glasses of milk and the media fascination with them were , sigh , still a thing .
At around 4:15 p.m. @ @ @ @ @ @ @ glass of milk from a page .
When it was delivered to her desk , Ernst looked up to the press gallery and flashed a thumbs up and a big smile .
Sitting next to Ernst was Arizona Republican Martha McSally who muffled a laugh and to McSally ’ s right Missouri Republican Josh Hawley , too , flashed a smile .
The chamber received its first milk delivery roughly a half hour into Friday ’ s proceedings , to West Virginia Democrat Joe Manchin III .
Cory Booker was one of four @ @ @ @ @ @ @ glasses of water on his desk instead of one , and he must have been thirsty .
The New Jersey Democrat dispatched both glasses within 10 minutes of the opening prayer and pledge .
A Senate page promptly arrived with two more glasses .
While in the midst of jotting down copious notes , Jon Tester was handed a piece of paper from Delaware Democrat Chris Coons , eliciting a chuckle from the gregarious Montana Democrat .
Tester glanced back at Minnesota Democrat Amy Klobuchar — from whom the note originated and whose @ @ @ @ @ @ @ side — resulting in the two sharing a smile .
Democratic manager Jerrold Nadler caused a mild stir on the Republican side of the chamber in the late afternoon as Democrats turned their attention to the impeachment article accusing the president of obstructing Congress .
“ He is a dictator , ” Nadler said of Trump , after a long speech outlining the president ’ s unprecedented “ blanket defiance ” of subpoenas and information during the impeachment inquiry .
Multiple GOP senators murmured to one another at the New York Democrat ’ @ @ @ @ @ @ @ Jerry Moran exchanged a brief exchange and chuckle .
Hours later , during his closing remarks , lead impeachment manager Adam B. Schiff of California irked Republicans when he referenced a CBS News story with a headline that said Republicans were warned if they vote against Trump `` your head will be on a pike , '' saying he did n't know if it was true .
Maine Sen. Susan Collins , one of the most vulnerable senators up for reelection this cycle , reacted first , mouthing “ not true.
” Shortly @ @ @ @ @ @ @ aloud — even though senators are not supposed to talk during the trial — and echos of “ not true ” could be heard across the chamber .
Schiff later tried some levity with his audience .
Chief Justice John G. Roberts , Jr. , he said , is capable of making impartial rulings about matters dividing senators on questions of evidence , witnesses and executive privilege .
“ How often do you get to overrule a justice of the Supreme Court ?
” Schiff asked them .
Sen. Charles E. Grassley held @ @ @ @ @ @ @ sides of the aisle chuckled at the question .
Several senators appear to be suffering from apparent colds .
Among the afflicted are North Dakota Republican John Hoeven , Massachusetts Democrat Edward J. Markey and New Mexico Democrat Martin Heinrich , who let loose a handful of hearty sneezes into the crook of his left elbow .
Majority Leader Mitch McConnell prefers an old-school cleanup : After a particularly jolting sneeze early in the day ’ s proceedings , the Kentucky Republican recovered a handkerchief , wiped himself clean , folded the hanky @ @ @ @ @ @ @ back into his right pocket .
New York Democrat Kirsten Gillibrand flagged down a page , who scurried off and returned 20 seconds later with a small tan envelope noticeably bulging at its belly .
Gillibrand concealed the envelope in her desk drawer and fumbled around inside it with both hands .
In one swift , sweeping motion , she discreetly deposited a blue-green gum stick into her mouth and tossed the wrapper in the waste bin separating her desk from Hawaii Democrat Mazie K. Hirono ’ s .
Seat mates Ernst and @ @ @ @ @ @ @ in the chamber early on , despite the stern daily warning from Sergeant-at-Arms Michael C. Stenger to “ keep silent , on pain of imprisonment.
” There were signs of fatigue .
Ahead of the dinner break , Thune sat back in his chair gripping the pillars of his armrests and chewing deliberately while listening to the presentation .
He then loosened up his neck making a circular motion .
West Virginia Republican Shelley Moore Capito neatly folded a red shawl and placed it on her lap .
At least 27 Senate desks @ @ @ @ @ @ @ following a “ 15 minute ” break that only a Senate time-keeper could argue was respected .
Lindsey McPherson , Niels Lesniewski and Chris Marquette contributed to this report .

South Carolina Republican Lindsey Graham, one of the president’s fiercest defenders in the Senate, chuckled, bowed his head slightly and rubbed his left eyebrow.
Senate Minority Leader Charles E. Schumer and California Sen. Dianne Feinstein laughed and met the eyes of their knowing Democratic colleagues.
It was just after 6 p.m. Friday, just before a dinner break, and House managers were playing a montage of over-the-top statements by President Donald Trump on the Senate chamber’s temporary televisions.
“Nobody knows the system better than me,” Trump said in one clip. “I am the chosen one,” he said in another.
This was the fourth long day in the Senate chamber of the third presidential impeachment trial in U.S. history, and the 100 senators were finding ways to make the best of the stretch of time they had to spend with each other.


rollcall--2020-01-24--House managers focus on Trump’s ‘defiance’ in closing of impeachment presentation

House impeachment managers Zoe Lofgren and Adam B. Schiff , center , walk through the Ohio Clock Corridor on Friday on their way to a news conference before the start of the day ’ s impeachment trial proceedings .
( Bill Clark/CQ Roll Call ) House impeachment managers on Friday concluded their third and final day of arguments to remove President Donald Trump from office by focusing on the House investigation and appealing to authority and emotion .
Lead manager Adam B. Schiff , a former federal prosecutor , forcefully laid out the House ’ s case in his closing @ @ @ @ @ @ @ remain a threat to the Constitution ” if he were allowed to remain in office .
The California Democrat argued that the second article of impeachment , obstruction of Congress , is vital to preserving the power of Congress to investigate and impeach a president .
There would never be another Article One , abuse of power , if the Senate does not convict Trump on Article Two , Schiff said .
“ In the history of the republic , no president has ever ordered the complete defiance of an impeachment inquiry , @ @ @ @ @ @ @ president ’ s refusal to comply with subpoenas for documents and witnesses .
Earlier in the day , Schiff tried to make the case — built around Trump ’ s attempts to tie military aid to Ukraine to the launch of a politically motivated investigation into former Vice President Joe Biden — personal for senators .
“ Let ’ s imagine it wasn ’ t Joe Biden .
Let ’ s imagine it was any one of us .
Let ’ s imagine the most powerful person in the world was asking a @ @ @ @ @ @ @ into one of us .
What would we think about it then ?
” the congressman said , looking pointedly toward the seated Republican senators .
Schiff , the Intelligence Committee chairman , then brought up former U.S .
Ambassador to Ukraine Marie Yovanovitch , whom Trump discussed with Ukrainian President Volodymyr Zelinskiy in a July 25 phone call .
A White House summary of the call shows that Trump said Yovanovitch would be “ going to go through some things.
” Trump later recalled her from her post .
“ One day @ @ @ @ @ @ @ between the president of the United states and a foreign leader and the president says ‘ there ’ s gon na be something happening to you , ’ or to you , or to you , or to you or to you , ” Schiff said , pointing toward the seated senators with every “ you ” he uttered .
“ How would you feel about the president of the United States ?
Would you think he was abusing the power of his office ?
” Colorado Rep. Jason Crow , a freshman @ @ @ @ @ @ @ off the day highlighting the importance of the delayed $ 391 million military aid package to Ukraine .
Crow specifically took aim at Republican arguments that the aid was eventually delivered to Ukraine , a country fighting a Russian invasion , so no harm was done .
“ The delay wasn ’ t meaningless , ” Crow told the Senate .
“ Just ask the Ukrainians sitting in trenches right now.
” Crow walked senators through the House ’ s findings , showing how that aid package was blocked until a few days @ @ @ @ @ @ @ using the aid as leverage to investigate Biden , a top contender for the 2020 Democratic presidential nomination .
The House Democrats serving as impeachment managers are working to win over the public and to convince enough GOP senators to vote to subpoena White House documents and to hear from witnesses .
“ President Trump directed the entire executive branch not to cooperate with the House ’ s impeachment inquiry , ” Demings told the Senate .
“ Only one person in the world has the power to issue an order to the @ @ @ @ @ @ @ senators , as you know , is the president.
” Demings is the first non-lawyer to ever be an impeachment manager , but she knows the law well through her nearly three decades in law enforcement , a fact she brought up Friday .
“ Senators , I know that this is not easy .
I don ’ t take this moment lightly .
These are tough times , ” Demings said .
“ I remember quite a few tough times during my 27 years as a law enforcement officer .
But we @ @ @ @ @ @ @ Rep. Jerrold Nadler argued that Trump ’ s “ blanket defiance ” of impeachment inquiry subpoenas made him a historical “ outlier , ” referencing precedents on executive branch compliance set by George Washington , James K. Polk , Andrew Johnson and others .
Even former President Richard Nixon “ understood that he must comply with subpoenas for information relating to his misconduct , ” Nadler said , highlighting Nixon ’ s public declaration that every senior White House aide who was called to testify during the impeachment inquiry into the Watergate affair @ @ @ @ @ @ @ days absorbing the House ’ s arguments , Trump ’ s legal team Saturday morning will make their case in defense of the president .
The president ’ s lawyers didn ’ t reveal much about their legal strategy , but suggested that their Saturday presentation would last around two to three hours with a more robust presentation to come when the Senate reconvenes Monday .

House impeachment managers on Friday concluded their third and final day of arguments to remove President Donald Trump from office by focusing on the House investigation and appealing to authority and emotion.
Lead manager Adam B. Schiff, a former federal prosecutor, forcefully laid out the House’s case in his closing statement, arguing that Trump would “remain a threat to the Constitution” if he were allowed to remain in office.
The California Democrat argued that the second article of impeachment, obstruction of Congress, is vital to preserving the power of Congress to investigate and impeach a president. There would never be another Article One, abuse of power, if the Senate does not convict Trump on Article Two, Schiff said.
“In the history of the republic, no president has ever ordered the complete defiance of an impeachment inquiry,” Schiff said, referring to the president’s refusal to comply with subpoenas for documents and witnesses.
Earlier in the day, Schiff tried to make the case — built around Trump’s attempts to tie military aid to Ukraine to the launch of a politically motivated investigation into former Vice President Joe Biden — personal for senators.


rollcall--2020-01-24--Analysis: The Pentagon has a credibility problem, and it’s only getting worse

Secretary of Defense Mark Esper , left , and Gen. Mark Milley , chairman of the Joint Chiefs of Staff , arrive for a briefing in Capitol Visitor Center for a closed-door briefing about Syria on Oct. 17 .
( Tom Williams/CQ Roll Call ) Americans breathed a collective sigh of relief when , the morning after Iran ’ s Jan. 8 ballistic missile attack on Al Asad air base in Iraq , Defense Department leaders said there were “ no casualties.
” That initial assessment has n't held up , and neither have the department 's varying statements on @ @ @ @ @ @ @ confirmed Friday that 34 personnel have been diagnosed with traumatic brain injuries or concussions from the strike .
While half have subsequently returned to duty , 17 continue to be treated in Germany and the United States , Jonathan Hoffman , the Pentagon 's chief spokesman , told reporters .
In the intervening weeks , details on the wounded have been reported in dribs and drabs , from eight initially , to 11 .
On Wednesday , a top commander in Iraq told reporters the number of injured was “ in the teens.
@ @ @ @ @ @ @ President Donald Trump weighed in , saying Wednesday in Davos , Switzerland , that he “ heard that they had headaches and a couple of other things.
” He added : “ But I would say , and I can report , it is not very serious , not very serious.
” On Thursday , when asked about cases of traumatic brain injury , or TBI , that stemmed from the Al Asad attack , Defense Secretary Mark T. Esper said he didn ’ t know the numbers .
“ Those are typically @ @ @ @ @ @ @ is mostly outpatient stuff .
So we can track that if — if you 're really interested in it , ” Esper said , according to the Pentagon ’ s transcript .
The following day , his spokesman confirmed 34 diagnoses of TBI .
To be sure , part of the Defense Department ’ s challenge stems from the fact that brain injuries can take time to develop and be diagnosed .
Accurate information isn ’ t always immediately available , and is subject to change as symptoms emerge .
We get that @ @ @ @ @ @ @ assess the damage to American troops .
And Esper ’ s remarks suggested that the Defense secretary was not tracking the status of service personnel whose injuries were serious enough to warrant treatment in Germany or the United States .
The issue also laid bare the quandary that faces Esper and the Pentagon : Answering truthfully could put them at odds with the commander in chief .
At his confirmation hearing in July , Esper said he would “ absolutely ” be willing to consider resigning if he was asked to do something @ @ @ @ @ @ @ Seven months later , I ’ m left wondering : Is undermining the credibility of the Defense Department ethical ?
Ever since the U.S. drone strike in Iraq that killed Iranian Maj. Gen. Qassem Soleimani , Esper has come off at times like a cat chasing a laser pointer as he attempts to explain or backtrack the administration ’ s conflicting statements .
Esper and Gen. Mark Milley , chairman of the Joint Chiefs , initially described the killing as necessary to stop an “ imminent ” attack on U.S. personnel in the @ @ @ @ @ @ @ lawmakers were dubious about just how imminent those attacks were .
Later , Trump , who authorized the strike , said repeatedly that Iran planned to attack four U.S. embassies .
Asked about that claim on CBS ’ “ Face the Nation , ” Esper said he had not seen a specific piece of evidence “ with regard to four embassies.
” Esper did say he shared the president ’ s view that the threat “ could have been attacks against additional embassies.
” Trump later tweeted that “ it doesn ’ t @ @ @ @ @ @ @ imminent .
And , according to NBC News , the strike had been in the works for seven months .
Esper hasn ’ t addressed either .
“ That ’ s deeply corrosive to the confidence the Congress will have in the secretary of Defense , ” says Kori Schake , director of foreign and defense policy studies at the conservative American Enterprise Institute , of Esper ’ s verbal gymnastics .
“ He is either not being honest , or he ’ s not doing his job properly.
” The Soleimani strike @ @ @ @ @ @ @ embraced the president ’ s questionable security policies and directions .
Schake includes in this category going along with the national emergency declaration on the southern border and the repurposing of military construction funds for a border wall .
This policy was in place before Esper took office , but he just reaffirmed he agrees that it is a national security issue worthy of funds appropriated for military construction projects .
This position could end up costing the Defense Department — which always seems to be asking for more money — billions of @ @ @ @ @ @ @ accounts .
In the run-up to the House ’ s impeachment inquiry , Esper said publicly the Pentagon would comply with a congressional subpoena .
But when the White House clamped down on that , he reversed course .
Several Defense Department officials did testify of their own volition , but the department has not cooperated with the investigation .
Last month , Esper pushed back against a Wall Street Journal report that the Pentagon was considering sending thousands of more troops to the Middle East , a move that would seem to @ @ @ @ @ @ @ promises to end endless wars there .
Speaking at the Reagan Defense Forum , Esper agreed when asked if the report was “ fake news.
” Yet in the wake of Iran tensions thousands more troops have been sent to the Middle East .
This runs counter to my impressions of Esper when I interviewed him one-on-one during his tenure as Army secretary .
Then , Esper was responsive , thoughtful and demonstrated an appreciation of the press ’ role in promoting a better understanding of the military ’ s inner workings among @ @ @ @ @ @ @ What ’ s different , says David Lapan , a retired Marine colonel who served as a Pentagon spokesman for multiple administrations , is that Esper is now in a role that attracts close scrutiny from the president .
“ It ’ s a combination of managing up and reflecting , at the end of the day , he is a political appointee who works for President Trump , ” Lapan says .
“ The military needs to remain apolitical , to be seen by the public as apolitical , and it needs @ @ @ @ @ @ @ era , that ’ s increasingly difficult to do.
” Lapan laments the decrease in the frequency and regularity of the Pentagon ’ s engagements with the press , something he traces back to the tenure of Jim Mattis , Trump ’ s first Defense secretary .
With the press ( and by extension , the public ) , trust and credibility are built over time , one forthright conversation after another , he says .
“ A time of crisis is really when you need to have clear , unambiguous communication , @ @ @ @ @ @ @ people to question credibility , to question the information you ’ re providing , ” says Lapan .
The Pentagon press corps is “ probably one of the most knowledgeable groups of reporters in the country , ” Lapan says .
Yet when Esper briefed them last week , he refused to discuss why he suggested that multiple embassies may have been targeted .
“ I ’ ve spoken a lot about Iran this week and I have nothing more to add , ” he said .
Translation : Please don ’ t @ @ @ @ @ @ @ boss that may not be rooted in actual fact .
“ You actually don ’ t get many opportunities to preserve a reputation for honesty and integrity .
And once you lose it , you don ’ t get it back , ” observes Schake .
“ And I think one of the challenges for people in the administration is preserving their honesty and integrity when the president is comfortable lying to the American public.
” In other words , Esper ’ s Pentagon has a credibility problem .