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Biden defense secretary nominee Lloyd Austin defends need for waiver from law barring him from serving in Cabinet

WASHINGTON – Lloyd Austin, President-elect Joe Biden's nominee for defense secretary, defended his need for an exemption from a law barring recently retired military officers from serving as the secretary during a Tuesday hearing before a key Senate panel.

In his opening statement to the Senate Armed Services Committee, Austin acknowledged concerns about having "another recently retired general" leading the Defense Department but said he was committed to civilian control of the armed forces and that he would "empower" the department's civilian staff.

Some lawmakers had expressed concerns about approving another waiver for a defense secretary nominee after having approved one for Trump's first defense secretary Jim Mattis as well. The law requires that troops be retired for seven years before taking the post. The waiver was a minor issue for Mattis, a retired Marine general, who had bipartisan support.

"I was a general and a soldier, and I am proud of that," Austin said. "But today I appear before you as a citizen, the son of a postal worker and a homemaker from Thomasville, GA. And I'm proud of that too."

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"If confirmed, I will carry out the mission of the department of defense always with the goal to deter war and ensure our nation's security. I will uphold the principle of civilian control of the military as intended," Austin promised.

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Sen. Tom Cotton, R-Ark., who had previously indicated he might support a waiver for Austin, announced during Tuesday's hearing he would oppose granting one for Austin. Cotton said he did not have anything against Austin, but "I believe Congress should not grant such waivers."

He had voted for one for Mattis, but now regretted the decision, he said.

Top Democrats, however, have signaled their support for quickly confirming Austin and other national security nominees in the wake of the Jan. 6 riot at the Capitol. Senate Minority Leader Chuck Schumer, D-N.Y., who is set to become the majority leader on Wednesday, said Tuesday on the Senate floor Biden's national security nominees "must be confirmed quickly," adding that the Senate would be in session Wednesday following the inauguration, and "with cooperation" from Republicans, they could confirm all of Biden's nominees.

Sen. Chris Murphy, D-Conn., who had voted against giving Mattis a waiver, said Monday he would support the granting of a waiver for Austin and his confirmation, writing on Twitter, "The internal security threat the U.S. faces right now is serious. We need a Secretary of Defense on the job immediately."

Austin is a retired four-star Army general who would be the first Black secretary of defense if he is confirmed. He was the first Black general to command an Army division in combat and also the first to oversee an entire theater of operations as the Commanding General of US Forces in Iraq.

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Retired General Lloyd Austin testifies before the Senate Armed Services Committee during his confirmation hearing to be the next Secretary of Defense in the Dirksen Senate Office Building in Washington, DC, on January 19, 2021.
Retired General Lloyd Austin testifies before the Senate Armed Services Committee during his confirmation hearing to be the next Secretary of Defense in the Dirksen Senate Office Building in Washington, DC, on January 19, 2021.

He has garnered support from previous defense secretaries too. In a letter submitted to the top Democrats and Republicans on the House and Senate Armed Services Committees, 15 former defense secretaries, deputy defense secretaries, and service secretaries on both sides of the aisle arguing for his confirmation and for the granting of a waiver.

"As former senior civilian leaders of the Department of Defense, we

believe that Secretary-Designate Lloyd Austin can lead effectively as a civilian," they wrote.

In opening remarks during Austin's hearing, former Secretary of Defense Leon Panetta assured that Austin was among those military commanders who "most appreciated civilian control of the military" and that he "will respect the civilian chain of command."

Sen. Jack Reed, D-R.I., the top Democrat on the committee, put forth a series of geopolitical challenges Austin would face, including competition with Russia and China, containment of Iranian adventurism and "operational challenges" such as modernizing systems, increasing recruitment, and restoring trust in a strained civilian-military relationship.

The three-and-a-half hour-long hearing spanned a variety of topics as senators asked Austin about his vision for the future of America's military.

"Globally, I understand that Asia must be the focus of our effort," Austin said in remarks during the hearing. "And I see China in particular as a pacing challenge for the department," he continued.

Asked by Sen. Kirsten Gillibrand, D-N.Y., if he supported Biden's proposal to overturn President Donald Trump's ban on transgender people from serving in the military, Austin said he did.

"If you are fit and qualified to serve, and you can maintain standards, you should be allowed to serve," he said.

Austin also confirmed his commitment to maintaining a pluralistic fighting force that reflected the makeup of the country.

He promised to “rid our ranks of racists and extremists and commit to a climate where everyone fit and willing to serve” is able to do so, addressing concerns about right-wing extremist infiltration into the armed forces.

"The job of the Department of Defense is to keep America safe from our enemies. But we can’t do that if some of those enemies lie within our own ranks," he contended.

Contributing: Tom Vanden Brook

This article originally appeared on USA TODAY: Lloyd Austin: Biden defense nominee defends need for waiver to serve