Overnight Defense: Biden honors McCain at Phoenix memorial service | US considers sending captured ISIS fighters to Gitmo and Iraq | Senators press Trump on ending Yemen civil war

Overnight Defense: Biden honors McCain at Phoenix memorial service | US considers sending captured ISIS fighters to Gitmo and Iraq | Senators press Trump on ending Yemen civil war

Happy Thursday and welcome to Overnight Defense. I'm Ellen Mitchell, and here's your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

 

THE TOPLINE: The series of remembrances for Sen. John McCainJohn Sidney McCainLessons of the Kamala Harris campaign Overnight Defense: Trump clashes with Macron at NATO summit | House impeachment report says Trump abused power | Top Dem scolds military leaders on Trump intervention in war crimes cases Top Armed Services Democrat scolds military leaders on Trump's intervention in war crimes cases MORE (R-Ariz.) proceeded Thursday, with former Vice President Joe BidenJoe BidenHouse Judiciary Committee formally receives impeachment report Democratic strategist: 'Medicare for All' exposes generational gap within party Yang expands campaign with senior hires for digital operations MORE (D) paying tribute to his longtime friend and international travel companion at an emotional memorial service in Arizona.

Biden spoke with passion and urgency as he recounted a brotherly friendship with McCain that spanned decades and withstood the pressures of the country's increasingly fractured political system. 

ADVERTISEMENT

The former Delaware senator, wiping away tears at times, said the country is wounded by McCain's death because he "made it easier for them to have confidence and faith in America."

"His faith in the core values of this nation made them somehow feel it more genuinely themselves," Biden said. "His conviction, that we as a country would never walk away from the sacrifices generations of Americans have made to defend liberty and freedom and human dignity around the world ... it made average Americans proud of themselves and their country."

 

The service: Hundreds of people attending the service at North Phoenix Baptist Church, including 24 sitting U.S. senators and four former senators: GOP Sens. Bob CorkerRobert (Bob) Phillips CorkerRNC says ex-Trump ambassador nominee's efforts 'to link future contributions to an official action' were 'inappropriate' Lindsey Graham basks in the impeachment spotlight The Hill's 12:30 Report — Presented by Nareit — White House cheers Republicans for storming impeachment hearing MORE (Tenn.), John CornynJohn CornynHillicon Valley: FTC rules Cambridge Analytica engaged in 'deceptive practices' | NATO researchers warn social media failing to remove fake accounts | Sanders calls for breaking up Comcast, Verizon Bipartisan senators call on FERC to protect against Huawei threats Giffords, Demand Justice to pressure GOP senators to reject Trump judicial pick MORE (Texas), Jeff FlakeJeffrey (Jeff) Lane FlakeLindsey Graham basks in the impeachment spotlight Kelly, McSally virtually tied in Arizona Senate race: poll The Hill's 12:30 Report — Presented by Nareit — White House cheers Republicans for storming impeachment hearing MORE (Ariz.) and Democratic Sens. Kirsten GillibrandKirsten GillibrandWhite House, Congress near deal to give 12 weeks paid parental leave to all federal workers Bloomberg on 2020 rivals blasting him for using his own money: 'They had a chance to go out and make a lot of money' Harris posts video asking baby if she'll run for president one day MORE (N.Y.), Mazie HironoMazie Keiko HironoSupreme Court poised to hear first major gun case in a decade Overnight Defense — Presented by Boeing — Senate eyes sending stopgap spending bill back to House | Sondland delivers bombshell impeachment testimony | Pentagon deputy says he didn't try to block official's testimony Pentagon No. 2 denies trying to block official's impeachment testimony MORE (Hawaii), Joe ManchinJoseph (Joe) ManchinStatesmen seek bipartisan solutions to big challenges Both sides have reason to want speedy Trump impeachment trial No one wins with pro-abortion litmus test MORE (W.Va.) and Jeff MerkleyJeffrey (Jeff) Alan MerkleyMcConnell says he's 'honored' to be WholeFoods Magazine's 2019 'Person of the Year' Overnight Energy: Protesters plan Black Friday climate strike | 'Father of EPA' dies | Democrats push EPA to abandon methane rollback Warren bill would revoke Medals of Honor for Wounded Knee massacre MORE (Ore.).

The two-hour memorial service emphasized McCain's appreciation for all people, regardless of race, ethnicity, party affiliation, or gender.

Arizona Cardinals player Larry Fitzgerald Jr. said McCain evaluated other people "on the merits of their character and the contents of their hearts."

The ceremony ended with remarks written by Meghan McCain and read by the Rev. Joe GarciaJose (Joe) Antonio GarciaOvernight Defense: Biden honors McCain at Phoenix memorial service | US considers sending captured ISIS fighters to Gitmo and Iraq | Senators press Trump on ending Yemen civil war Biden pays tribute to McCain at emotional memorial service Mueller indictments: Congressional candidate asked Russian operatives for info on opponent MORE.

Frank Sinatra's "My Way" played as McCain's casket, draped in an American flag, was carried out of the church.

 

On to Washington: McCain will lie in state in the U.S. Capitol until a memorial service on Friday. A memorial service will also be held at the Washington National Cathedral the following day. His funeral will be held on Sunday at the U.S. Naval Academy in Annapolis, Md.

 

And Pence praises McCain in speech: Vice President Pence on Thursday praised the legacy of McCain in a speech to the American Legion, just days after the veterans group knocked President Trump for the White House's response to McCain's death.

The Washington Post reported that Pence spoke to a national conference of the American Legion in Minneapolis, where he highlighted McCain's service.

"He came from a long line of service in uniform," Pence said. "He served in the Vietnam War. He spent five and a half years as a prisoner of war, and he did not yield."

 

US CONSIDERS GUANTANAMO, IRAQ FOR ISIS FIGHTERS: The Trump administration is considering sending hundreds of captured ISIS fighters held in Syria to an Iraqi prison or the U.S. detention facility at Guantanamo Bay, NBC News reported Monday.

Five U.S. officials told NBC that several of the highest-value fighters could possibly go to Guantanamo Bay in Cuba.

Those detainees include Alexandar Amon Kotey and El Shafee Elsheikh, two Islamic State fighters who took part in killing Americans, including journalists James Foley Steven Sotloff, and other Western hostages.

 

The rundown: A group of about 600 ISIS fighters are currently being held by U.S.-backed Syrian Democratic Forces (SDF) in a rebel-controlled area of Syria, the U.S. officials confirmed.

The SDF, a majority Kurdish militia, do not have the resources to detain, prosecute or protect the detainees as it continues its fight against ISIS.

Complicating matters is the fact that many of the prisoners are foreign-born and there has been difficulty in convincing their home countries to repatriate them.

The administration's proposal would send most detainees to Iraq to be held in Iraqi prisons with Iraqi guards. The U.S. might keep the right to prosecute them if their home countries won't take them.

 

Lawmakers push back: The plan -- specifically sending new detainees to Guantanamo -- has drawn criticism from U.S. lawmakers, including Sens. Lindsey GrahamLindsey Olin GrahamGOP senators request interview with former DNC contractor to probe possible Ukraine ties GOP senator blocks Armenian genocide resolution Hannity slams Stern for Clinton interview: 'Not the guy I grew up listening to' MORE (R-S.C.), and Jeanne ShaheenCynthia (Jeanne) Jeanne ShaheenOvernight Defense: Trump leaves door open to possible troop increase in Middle East | Putin offers immediate extension of key nuclear treaty Putin offers immediate extension of key nuclear treaty Biden reveals four women he could pick as his running mate MORE (D-N.H.). In July, both visited the prison where the SDF is holding the fighters.

Shaheen, along with other congressional Democrats and human rights groups, says ISIS fighters suspected of murdering Americans should be tried in federal court instead of held indefinitely without charges.

Graham, meanwhile, said the two high-value ISIS prisoners should be sent to Guantanamo only as a temporary move before a possible trial in a civilian court in the U.S.

 

 SENATORS PRESS TRUMP ADMINISTRATION ON YEMEN: A bipartisan group of senators is urging the Trump administration to adhere to a recently signed law requiring certification that Saudi Arabia and the United Arab Emirates are meeting certain humanitarian criteria or else cut off some U.S. military assistance.

The letter -- addressed to Secretary of State Mike PompeoMichael (Mike) Richard PompeoTrump says he will 'temporarily hold off' on declaring Mexican drug cartels as terror organization West Bank annexation would endanger Israel's security House approves two-state resolution in implicit rebuke of Trump MORE -- is in response to the ongoing civil war in Yemen, which the senators say has led to a "humanitarian crisis" that will threaten U.S. interests as it continues.

 

Who signed it: The letter was organized by Sens. Jeanne Shaheen (D-N.H.) and Todd YoungTodd Christopher YoungGOP senators unveil bill to expand 'opportunity zone' reporting requirements Statesmen seek bipartisan solutions to big challenges The Hill's 12:30 Report: Trump says he is fighting testimony to protect presidency MORE (R-Ind.) and co-signed by Sens. Susan CollinsSusan Margaret CollinsGiffords, Demand Justice to pressure GOP senators to reject Trump judicial pick Senate confirms eight Trump court picks in three days Lawmakers call for investigation into program meant to help student loan borrowers with disabilities MORE (R-Maine), Chris MurphyChristopher (Chris) Scott MurphyDemocratic senator says he knows 'handful' of GOP colleagues considering vote to remove Trump Both sides have reason to want speedy Trump impeachment trial Overnight Defense: Trump clashes with Macron at NATO summit | House impeachment report says Trump abused power | Top Dem scolds military leaders on Trump intervention in war crimes cases MORE (D-Conn.), Ben CardinBenjamin (Ben) Louis CardinThe Secure Act makes critical reforms to our retirement system — let's pass it this year Lawmakers honor JFK on 56th anniversary of his death Senate Democrats ask Pompeo to recuse himself from Ukraine matters MORE (D-Md.), Jack ReedJohn (Jack) Francis ReedRepublicans raise concerns over Trump pardoning service members Overnight Defense: Trump clashes with Macron at NATO summit | House impeachment report says Trump abused power | Top Dem scolds military leaders on Trump intervention in war crimes cases Top Armed Services Democrat scolds military leaders on Trump's intervention in war crimes cases MORE (D-R.I.), Christopher CoonsChristopher (Chris) Andrew CoonsSenate confirms eight Trump court picks in three days Lawmakers call for investigation into program meant to help student loan borrowers with disabilities Senators defend bipartisan bill on facial recognition as cities crack down MORE (D-Del.), Tim KaineTimothy (Tim) Michael Kaine'Granite Express' flight to take staffers, journalists to NH after Iowa caucuses Overnight Health Care — Presented by Johnson & Johnson — Senate panel approves Trump FDA pick | Biden downplays Dem enthusiasm around 'Medicare for All' | Trump officials unveil program for free HIV prevention drugs for uninsured Trump's FDA nominee approved by Senate panel MORE (D-Va.) and Cory BookerCory Anthony BookerBloomberg apologizes after critics say his calling Booker 'well spoken' was racist Biden: All-white debate not representative of party, but 'you can't dictate' nominee Booker unveils legislation for federal bill to ban discrimination against natural hair MORE (D-N.J.).

 

What's at issue: A provision in the recently signed National Defense Authorization Act (NDAA) requires the administration to certify within 30 days that Saudi and UAE ARE helping to end Yemen's civil war, alleviate the humanitarian crisis and protect civilians.

Saudi Arabia is leading a coalition in Yemen's civil war against Iran-backed Houthi rebels that began in 2015. The United States supports the coalition with intelligence sharing, logistics such as air refueling and billions of dollars in arms sales.

Under the NDAA, if the administration cannot make the certification, it must stop refueling coalition aircraft.

U.S. lawmakers' patience with the Saudi coalition has been wearing increasingly thin as the civilian death toll mounts. The deaths have largely been blamed on coalition airstrikes.

 

What the Pentagon says: Defense Secretary James MattisJames Norman MattisThreatening foreign states with sanctions can backfire Overnight Defense: Erdoğan gets earful from GOP senators | Amazon to challenge Pentagon cloud contract decision in court | Lawmakers under pressure to pass benefits fix for military families Amazon to challenge Pentagon's 'war cloud' decision in federal court MORE told reporters earlier this week that he is "constantly reviewing" support to the coalition, but did not indicate it will stop any time soon.

"The reality is that that battlefield is a humanitarian field, and we recognize the tragedy there," Mattis said at a Pentagon briefing.

"But we did review the support for the Arab coalition when we came into office. As you know, it was started before we arrived here. We reviewed it, we determined that it was the right thing to do to support them in the defense of their own countries, but also to restore the rightful government there."

 

LAWMAKERS NEAR FINISH LINE ON DEFENSE APPROPRIATIONS: The Senate and the House in September will attempt to merge competing defense appropriations bills once the House returns from its August recess after Labor Day.

It's an effort to get the Pentagon funded before the start of the fiscal year for the first time in years.

 

The background: The House passed its version of the $675 billion Pentagon spending bill in June, while the Senate followed in August.

But the Senate's bill was combined with the spending bill for the departments of Labor, Education, and Health and Human Services, potentially complicating bicameral negotiations since the Senate wants to keep the two bills married.

This year, Congress made strides in getting the Pentagon funded on time by passing the National Defense Authorization Act (NDAA) before the start of the fiscal year for the first time in 20 years. President TrumpDonald John TrumpTrump says he will 'temporarily hold off' on declaring Mexican drug cartels as terror organization House Judiciary Committee formally receives impeachment report Artist behind gold toilet offered to Trump sells banana duct-taped to a wall for 0,000 MORE signed the bill into law earlier this month, marking the earliest the bill has become law in 40 years.

But the NDAA is a policy bill, not a spending bill, meaning the dollar numbers it authorizes can't become reality until Congress passes the finalized appropriations bill.

 

A time crunch: Congress, though, is facing a legislative time crunch, as it only has until Sept. 30 to pass legislation to avoid a government shutdown, which would be the third of the year.

Another complicating factor is Trump's threat last month to shut down the government if he does not get funding for his proposed wall on the southern border.

We've got more on what to watch for on defense this fall

 

ICMYI

-- The Hill: McMaster: McCain's legacy should 'bring Americans together'

-- The Hill: Convicted leaker Reality Winner: I can't thank Trump enough for tweet

-- The Hill: Pompeo, Russian counterpart mull meeting at UN: report

-- The Hill: UN watchdog: Iran is complying with nuclear deal

-- The Hill: Opinion: America needs to face ongoing Russian assault on democracy

-- Defense News: Former NATO leaders call for new headquarters to be named after Sen. John McCain