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 DoggettTreasury Department rejects Dem subpoena for Trump tax returns On The Money: New tariffs on China pose major risk for Trump | Senators sound alarm over looming budget battles | Ocasio-Cortez, Sanders team up against payday lenders Dems highlight NYT article on Trump's business losses in 'tax gap' hearing 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 SchiffCohen says Trump attorney told him to say Trump Tower talks ended earlier than they did Cohen told lawmakers that Trump lawyer Sekulow instructed him to lie about Moscow tower project: report Supreme Court declines to hear case on businesses' political contributions MORE (D-Calif.) and Peter WelchPeter Francis WelchBernie Sanders is hypocritical on most significant campaign issues Booker takes early lead in 2020 endorsements Divisions emerge over House drug price bills 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 KrishnamoorthiLawmakers say improving transparency in higher education offers chance for bipartisanship Dem lawmaker calls bipartisan College Transparency Act a 'game changer' for higher education The Hill's Morning Report - Lawmakers split over Mueller findings: 'case closed' vs. 'cover-up' 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'RourkeBeto O'RourkeOvernight Energy: Warren wants Dems to hold climate-focused debate | Klobuchar joins candidates rejecting fossil fuel money | 2020 contender Bennet offers climate plan O'Rourke says he would 'absolutely' do Fox News town hall CNN announces four more town halls featuring 2020 Dems 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 CicillineTop House Dem calls to launch impeachment inquiry if McGahn skips testimony FCC Republicans give green light to T-Mobile-Sprint merger Here are the eight Republicans who voted with Democrats on the Equality Act 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 TitusActing FAA chief defends agency's Boeing 737 Max safety certification Dems think they're beating Trump in emergency declaration battle Oregon Dem top recipient of 2018 marijuana industry money, study finds 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 LeeDems probe DOJ's handling of civil rights violations by law enforcement Reparations: The 'lost cause' of black politics? Dem lawmaker says Trump 'has in many respects become a dictator' 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 SarbanesHillicon Valley: Instagram cracks down on anti-vaccine tags | Facebook co-founder on fallout from call to break up company | House Dems reintroduce election security bill | Lawmakers offer bill requiring cyber, IT training for House House Dems reintroduce bill to protect elections from cyberattacks Leader McConnell, let us vote 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. CourtneyViolence has no place in the workplace Dems 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 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 ScottDem lawmaker says 'adversity score' shows debate over 'usefulness' of SAT is 'not over' CBC member brushes off Biden's past opposition to school busing Dem lawmaker says U.S. has 'drifted backwards' on school integration MORE (D-Va.) and Mike GallagherMichael (Mike) John GallagherConnecticut radio station rebrands itself 'Trump 103.3' The Hill's Morning Report - Presented by Pass USMCA Coalition - Restrictive state abortion laws ignite fiery 2020 debate Sinema, Gallagher fastest lawmakers in charity race MORE (R-Wis.).

Transgender troops: Reps. Titus, Jackie SpeierKaren (Jackie) Lorraine Jacqueline SpeierGOP senator announces bill to block companies from tracking online activity Mueller mystery: Will he ever testify to Congress? The Hill's Morning Report — Dem ire at Barr intensifies MORE (D-Calif.) and Earl BlumenauerEarl BlumenauerTop House Dem calls to launch impeachment inquiry if McGahn skips testimony Hillicon Valley: Trump signs order to protect US networks from Chinese tech | Huawei downplays order | Trump declines to join effort against online extremism | Facebook restricts livestreaming | FCC proposes new tool against robocalls Hoyer defends Tlaib Holocaust remarks after criticism from GOP 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 GallegoTensions swirl around Iran as administration to brief Congress Tensions swirl around Iran as administration to brief Congress Overnight Energy: Dems press Interior chief to embrace climate action | Lawmakers at odds on how to regulate chemicals in water | Warren releases climate plan for 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 NelsonRepublicans amp up attacks on Tlaib's Holocaust comments The muscle for digital payment Rubio says hackers penetrated Florida elections systems 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 InhofeOvernight Defense — Presented by Huntington Ingalls Industries — Trump nominates Shanahan as Pentagon chief | House panel advances bill to block military funds for border wall | Trump defends Bolton despite differences Trump nominates Shanahan as Pentagon chief Iran, Venezuela puts spotlight on Trump adviser John Bolton 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 MattisPentagon reporters left in dark as Iran tensions escalate Trump officials slow-walk president's order to cut off Central American aid: report Overnight Defense — Presented by Huntington Ingalls Industries — Trump nominates Shanahan as Pentagon chief | House panel advances bill to block military funds for border wall | Trump defends Bolton despite differences 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 GillibrandO'Rourke says he would 'absolutely' do Fox News town hall Gillibrand 'very unhappy' with 'Game of Thrones' finale Gillibrand endorses DC statehood: Democracy doesn't mean 'for some of us' MORE (D-N.Y.), Joni ErnstJoni Kay ErnstBullock: Running for Senate 'never really got me excited' Dem Senate campaign arm hits GOP lawmakers over Trump tax law GOP angst grows amid Trump trade war MORE (R-Iowa) and Patrick LeahyPatrick Joseph LeahyGraham says Bolton briefed him on Iran, tells Trump to 'stand firm' Overnight Defense: Congressional leaders receive classified briefing on Iran | Trump on war: 'I hope not' | Key Republican calls threats credible | Warren plan targets corporate influence at Pentagon Key Republican 'convinced' Iran threats are credible 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