Overnight Defense: Defense spending bill amendments target hot-button issues | Space Force already facing hurdles | Senators voice 'deep' concerns at using military lawyers on immigration cases

Overnight Defense: Defense spending bill amendments target hot-button issues | Space Force already facing hurdles | Senators voice 'deep' concerns at using military lawyers on immigration cases
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Happy Friday and welcome to Overnight Defense. We're Rebecca Kheel and Ellen Mitchell, and here's your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond.

 

THE TOPLINE: The House will move on its $674.6 billion fiscal 2019 Pentagon spending bill next week.

First up, the House Rules Committee has to decide which of more than a hundred amendments will get a floor vote.

As of Friday afternoon, 123 amendments have been filed. A full list of amendments is on the Rules Committee website, but here are a few highlights. Keep in mind the most interesting (read: controversial) often don't make it out of the committee:

Immigration: Several Democratic amendments are focused on the ongoing controversy over family separations at the U.S.-Mexico border and other immigration issues. One from 26 Democrats led by Rep. Lloyd DoggettLloyd Alton DoggettOn The Money: Senate rejects border declaration in rebuke to Trump | Dems press Mnuchin on Trump tax returns | Waters says Wells Fargo should fire its CEO Dems press Mnuchin on Trump tax returns Congress must break its addiction to unjust tax extenders MORE (D-Texas) would prohibit the Pentagon from fulfilling any requests made by Health and Human Services related to the care or custody of unaccompanied children and those separated from their parents.

Another one from Reps. Adam SchiffAdam Bennett SchiffThe Hill's Morning Report - Presented by Pass USMCA Coalition - Dems look for traction following Barr-Mueller findings Barr faces political storm over Mueller report The Memo: Mueller findings boost Trump 2020 hopes MORE (D-Calif.) and Peter WelchPeter Francis WelchBooker takes early lead in 2020 endorsements Divisions emerge over House drug price bills Trump CFO Weisselberg emerges as key person of interest for Dems MORE (D-Vt.) would prohibit funding to help with facilities detaining unaccompanied immigrant children on Pentagon-owned land.

Another amendment from Democratic Reps. Raja KrishnamoorthiSubramanian (Raja) Raja KrishnamoorthiHouse passes series of measures hitting Russia, Putin Cummings says he needs to examine Cohen's testimony further amid GOP allegations of perjury House Intel obtains new info, documents from Cohen in 8-hour interview MORE (Ill.), Welch, Nydia Velázquez (N.Y.) and Jim McGovern (Mass.) would bar funding for detaining immigrant families on Defense Department property.

An amendment from Rep. Beto O'RourkeRobert (Beto) Francis O'RourkeThe Hill's Morning Report - Presented by Pass USMCA Coalition - Dems look for traction following Barr-Mueller findings The Hill's Morning Report - Presented by Pass USMCA Coalition - Mueller report is huge win for President Trump Biden, Sanders edge Trump in hypothetical 2020 matchups in Fox News poll MORE (D-Texas) would ban funding from being used to deploy the National Guard to the southern border to enforce immigration laws. Rep. David CicillineDavid Nicola CicillineDemocrats face dilemma after Mueller probe ends Barr faces political storm over Mueller report Dem rep on collusion: 'Impossible' to 'write it off completely' just going off Barr summary MORE (D-R.I.) similarly filed an amendment to ban the use of National Guardsmen to enforce immigration laws.

Cicilline and Reps. Ted Lieu (D-Calif.) and Dina TitusAlice (Dina) Costandina TitusDems think they're beating Trump in emergency declaration battle Oregon Dem top recipient of 2018 marijuana industry money, study finds DOJ announces .7 million in funding to help victims of Las Vegas mass shooting MORE (D-Nev.) also have an amendment to prohibit funding from being used to have Judge Advocate Generals (JAGs) help with immigration enforcement, while Rep. Sheila Jackson LeeSheila Jackson LeeThe Hill's 12:30 Report: Trump attacks on McCain rattle GOP senators Harris to make hard Texas push, recruits key O'Rourke aide: report Trio of NFL players intern on Capitol Hill as part of league program MORE (D-Texas) has a similar amendment to prevent funding from being used to reassign JAGs from the Pentagon to the Justice Department. And Reps. Jose SerranoJosé Enrique SerranoJosé Serrano says he has Parkinson's, will not seek reelection Congress must not be fooled by the effort to block citizenship question Five things to know about Ocasio-Cortez’s 'Green New Deal' MORE (D-N.Y.) and Joseph Crowley (D-N.Y.) have an amendment to prevent the Pentagon from entering into an agreement with the Justice Department to use Defense Department personnel to enforce immigration laws.

F-35s to Turkey: Reps. John SarbanesJohn Peter Spyros SarbanesAmerica has a democracy problem House passes sweeping electoral reform bill This week: House Democrats poised to pass sweeping election reform bill MORE (D-Md.), Gus Bilirakis (R-Fla.) and Cicilline have the latest attempt to prevent Turkey from getting F-35 fighter jets. Their amendment would ban any funding from being used to transfer the aircraft to Turkey.

Aircraft carrier: Reps. Rob WittmanRobert (Rob) Joseph WittmanWhy block citizenship to immigrants who defend America? Virginia reps urge Trump to declare federal emergency ahead of Hurricane Florence Overnight Defense: House passes 5B defense spending bill | Pentagon moving forward on Trump military parade | Mattis vows 'ironclad' support for South Korea's defense MORE (R-Va.) and Joe CourtneyJoseph (Joe) D. CourtneyDems offer smaller step toward ‘Medicare for all' Overnight Health Care — Sponsored by America's 340B Hospitals — Powerful House committee turns to drug pricing | Utah governor defies voters on Medicaid expansion | Dems want answers on controversial new opioid House lawmakers look to reassure Australia after Mattis resignation MORE (D-Conn.), the leaders of the House Armed Services seapower subcommittee, filed an amendment to allow the Navy to buy its next two aircraft carriers, as opposed to just one. Such an amendment would get the appropriations bill on the same page as the House's National Defense Authorization Act. The amendment is co-sponsored by Reps. Bobby ScottRobert (Bobby) Cortez ScottTop Dems blast administration's proposed ObamaCare changes Virginia congressional delegation says it's 'devastated by’ Richmond Turmoil The Hill's 12:30 Report: AOC unveils Green New Deal measure | Trump hits Virginia Dems | Dems begin hearings to get Trump tax returns MORE (D-Va.) and Mike GallagherMichael (Mike) John GallagherThe 25 Republicans who defied Trump on emergency declaration Graham to push for US to recognize Golan Heights as part of Israel Koch-backed group pushes for new limits on Trump's tariff authority MORE (R-Wis.).

Transgender troops: Reps. Titus, Jackie SpeierKaren (Jackie) Lorraine Jacqueline SpeierHouse to vote on measure opposing transgender military ban Overnight Defense: Senate breaks with Trump on Yemen war | Shanahan hit with ethics complaint over Boeing ties | Pentagon rolls out order to implement transgender ban | Dem chair throws cold water on Space Force budget Hillicon Valley: US threatens to hold intel from Germany over Huawei | GOP senator targets FTC over privacy | Bipartisan bill would beef up 'internet of things' security | Privacy groups seize on suspended NSA program | Tesla makes U-turn MORE (D-Calif.) and Earl BlumenauerEarl BlumenauerTrump admin to lift gray wolf endangered species protections House Dem dismisses paying for infrastructure by rolling back Trump tax law Dems ready aggressive response to Trump emergency order, as GOP splinters MORE (D-Ore.) filed an amendment to prohibit funding from being used to separate troops based solely on their gender identity.

Chinese tech: Rep. Ruben GallegoRuben GallegoThe Hill's Morning Report - Presented by Pass USMCA Coalition - Dems look for traction following Barr-Mueller findings Gallego won't seek Ariz. Senate seat, clearing Dem path for Kelly Arizona Democrat wants information on how wall emergency is hitting military MORE (D-Ariz.) has two amendment targeting Chinese telecommunications companies ZTE and Huawei. One prevents funding from being used to enter into a contract with the companies. The other prevents funding from being used to reduce any penalties assessed to the companies.

OBSTACLES TO TRUMP'S SPACE FORCE: President Trump's proposal this week for a "Space Force" is already facing obstacles in Congress and at the Pentagon -- two places where he'll need broad support to get his initiative off the ground.

Trump surprised lawmakers and military officials on Monday when he directed the Defense Department to create a Space Force as its sixth military service branch. On Capitol Hill, the president faces the difficult task of garnering congressional backing for his plan, with several key lawmakers voicing skepticism over the idea.

The opposition in Congress: Sen. Bill NelsonClarence (Bill) William NelsonEx-House Intel chair: Intel panel is wrong forum to investigate Trump's finances The Hill's Morning Report - Trump budget reignites border security fight 2020 party politics in Puerto Rico MORE (D-Fla.), who led last year's effort to kill a House proposal to establish a space corps within the Air Force, is leading the charge again this year to attempt to extinguish the idea.

"I think it's somebody wanting to have something new that they can talk about," Nelson, a member of the Senate Armed Services Committee, said of Trump's plan.

Nelson said that the new branch "would cost so much money, it would be so duplicative." He added that Air Force officials also don't want the move, but "they are now muzzled" by the administration from speaking out against it.

Senior member of the Armed Services panel, Sen. James InhofeJames (Jim) Mountain InhofeThe Hill's Morning Report - Dems look to rebuild 'blue wall' Funding caps, border wall set stage for defense budget battle Trump's claims of defeating ISIS roil Congress MORE (R-Okla.), meanwhile, told The Hill he's reluctant to back a separate Space Force.

"That's a serious subject. It's one that I would have a hard time supporting," Inhofe said. "All of our branches have the space element and it's working. If it ain't broke, don't fix it."

He added that he's "not sure how serious" Trump was when he made the announcement.

Time issues: The commander in chief will need help from lawmakers, who must decide whether to amend Title 10 of the United States Code to allow for the creation of a new military service.

But both the House and the Senate have completed their versions of the annual defense policy bill, with little room for a Space Force provision to be added when lawmakers from both chambers reconcile the two measures during a conference committee.

Timing-wise, that would leave next year's NDAA as the next opportunity for Congress to tackle the issue. But even then, creating a Space Force is expected to take at least another two or three years, minimum.

Hurdles at the Pentagon: The Pentagon also appears hesitant to act quickly on Trump's directive, with military officials releasing a statement after his announcement indicating the process would take some time.

"Our policy board will begin working on this issue, which has implications for intelligence operations for the Air Force, Army, Marines and Navy," chief Pentagon spokeswoman Dana White said. "Working with Congress, this will be a deliberate process with a great deal of input from multiple stakeholders."

Defense Secretary James MattisJames Norman Mattis16 times Trump said ISIS was defeated, or soon would be Overnight Defense: Pentagon chief under investigation over Boeing ties | Trump uses visual aids to tout progress against ISIS | Pentagon, Amnesty International spar over civilian drone deaths Pentagon watchdog probing whether acting chief boosted Boeing MORE on Wednesday said that Trump's proposal will require work with Congress that has not yet started.

And Air Force leaders last year warned that it would be premature and create burdensome bureaucracy to separate a space component from the rest of the service.

On Tuesday, Air Force officials released a memo to personnel saying not to expect any immediate changes following Trump's announcement.

 

SENATORS 'DEEPLY TROUBLED' MILITARY LAWYERS BEING USED FOR IMMIGRATION CASES: Three senators, including one Republican, are asking the Pentagon to rethink its decision to send military lawyers to help prosecute immigration cases.

"For years, Congress has worked with the department on reforming the military justice system and providing the services with the resources to support the critical mission of promoting justice and maintaining good order and discipline within the armed forces," Sens. Kirsten GillibrandKirsten Elizabeth GillibrandSenate gears up for Green New Deal vote Senate GOP proposes constitutional amendment to keep Supreme Court at 9 seats Overnight Energy: Green New Deal vote set to test Dem unity | Renewables on track to phase out coal, study finds | EPA chief reportedly recuses himself from mine review MORE (D-N.Y.), Joni ErnstJoni Kay ErnstCrenshaw to Trump: 'Stop talking about McCain' Stop asking parents to sacrifice Social Security benefits for paid family leave Senate votes to confirm Neomi Rao to appeals court MORE (R-Iowa) and Patrick LeahyPatrick Joseph LeahyTop Senate Dem to Trump: It would be a 'grave mistake' to follow in Richard Nixon's footsteps Booker takes early lead in 2020 endorsements Hillicon Valley: Mueller delivers report, ending investigation | FEMA exposed info of 2.3M disaster survivors | Facebook asks judge to toss DC privacy lawsuit | Trump picks his first CTO | FCC settles lawsuit over net neutrality records MORE (D-Vt.) wrote in a letter to Defense Secretary James Mattis on Thursday night.

"We are, therefore, deeply troubled by the department's decision to send twenty-one active and reserve JAGs to the border on temporary orders to prosecute immigration cases," they added.

The issue: News broke Wednesday night that the Pentagon had approved a request from the Justice Department to send 21 Judge Advocate Generals (JAGs) to the U.S.-Mexico border to help clear a backlog of immigration cases.

That happened amid an uproar over the Trump administration's "zero tolerance" policy that starts the process of criminal prosecution for all illegal border crossers, leading to more than 2,000 children being separated from their parents.

The JAGs will be appointed special assistant U.S. attorneys to help prosecute misdemeanor improper entry and felony illegal reentry cases. The temporary assignments are expected to last about six months.

What the senators ask: In their letter, the senators said they are concerned the lawyers are being used for a non-military mission for which they have no training.

"While JAGs currently serve as special assistant United States attorneys throughout the country, this occurs in districts with military installations and involves working on cases with a clear military nexus such as theft from a commissary or civilian DUIs on a military base," they wrote. "However, unlike those situations, these twenty-one JAGs are being directed to practice wholly outside of their training, within the vast and complex immigration arena."

The senators also said that JAGs with trial experience are "desperately needed" as prosecutors, defense lawyers or special victims counsel in the military's most serious criminal cases.

 

ON TAP FOR MONDAY

Israeli Knesset member Yair Lapid will speak about "An alternative vision for Israel" at 10 a.m. at the Brookings Institution. https://brook.gs/2yyUKy5

The House Rules Committee will prepare the fiscal year 2019 defense appropriations bill for floor debate at 5 p.m. at the House side of the Capitol, room 313. https://bit.ly/2trAwAp

 

ICYMI

--The Hill: Trump's Space Force decree came after Pentagon didn't act on his suggestion: report

--The Hill: SpaceX wins $130M Air Force contract to launch spy satellite

--The Hill: White House: North Korea presents 'unusual and extraordinary threat'

-- The Hill: Military recorded 20 instances of lasers attacking US aircraft since September: report

-- The Washington Post: Trump administration considers plan to use Coast Guard money to pay for border enforcement

-- The New York Times: North and South Korea agree to hold reunions of families divided by war

-- Reuters: Taliban kill 16 Afghan soldiers, kidnap engineers after ceasefire ends