Overnight Defense: House votes to condemn transgender military ban | 5 Republicans vote against ban | Senate bill would block Turkey getting F-35s over Russia deal

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 House passed a resolution formally condemning the Trump administration's transgender military ban in a 238-185 vote on Thursday.

Five Republicans joined every Democrat in backing the measure, which was spearheaded by Rep. Joe KennedyJoseph (Joe) Patrick KennedyJoseph Kennedy mulling primary challenge to Markey in Massachusetts Here are the 95 Democrats who voted to support impeachment House passes annual intelligence bill MORE III (D-Mass.), who serves as the chair of the Equality Caucus's Transgender Equality Task Force.

The resolution's passage comes shortly after the administration announced that the requirement for members of the military to serve as the gender they were assigned at birth would be implemented next month, effectively undoing the Obama administration's policy from June 2016.

A federal appeals court on Tuesday finalized a ruling to lift an injunction against the ban, allowing the policy to take effect April 12 as planned.

The nonbinding resolution -- which was co-sponsored by 216 Democrats and GOP Rep. John KatkoJohn Michael KatkoRepublicans should get behind the 28th Amendment Student loan borrowers are defaulting yearly — how can we fix it? Overnight Defense: Woman accusing general of sexual assault willing to testify | Joint Chiefs pick warns against early Afghan withdrawal | Tensions rise after Iran tries to block British tanker MORE (N.Y.) -- states the reversal in policy is detrimental to "our national security by undermining our ability to recruit and retain the talented personnel" and that "claims attempting to justify President TrumpDonald John TrumpGraham: America must 'accept the pain that comes in standing up to China' Weld 'thrilled' more Republicans are challenging Trump New data challenges Trump's economic narrative MORE's ban are based on flawed scientific and medical assertions."

The argument: Proponents of the measure have blasted the president's decision, which was announced in July 2017, as discriminatory and unnecessary.

"We believe that the policy that the Pentagon is putting forward is unfair and based on ignorance and bigotry and will actually harm national security, and we ask the House in this resolution to express the sense of Congress that we oppose this policy from the Pentagon," House Armed Services Committee Chairman Adam SmithDavid (Adam) Adam SmithWarren's pledge to avoid first nuclear strike sparks intense pushback Landmark US-Russia arms control treaty poised for final blow Young Democrats look to replicate Ocasio-Cortez's primary path MORE (D-Wash.) said on the floor ahead of the vote.

"Again, what this policy's primarily based on is ignorance and bias against the transgender community. The policy [that] is being implemented will make it virtually impossible to let them serve in the military. It's discrimination. The military last year failed to meet its recruitment quotas. It's hard to find the people who have the character, the capability and the ability to serve in our military. We have the best military in the history of the world."

What the policy does: Under the policy, any service member who enlists after April 12 or who has not already come out as transgender would have to serve in the gender they were assigned at birth. Further, any transgender person who has been diagnosed with gender dysphoria will not be allowed to join unless a doctor certifies they have been stable in their biological sex for 36 months and they have not transitioned to the gender as which they identify.

Troops diagnosed with gender dysphoria after they join the military can be discharged if they are "unable or unwilling to adhere to all applicable standards, including the standards associated with their biological sex," a Pentagon memo on the policy says.

The policy grandfathers in currently serving troops who have already come out, meaning they can continue serving openly and receiving medical care.

The administration's reasoning: The Pentagon argues the policy is not a ban since currently serving transgender troops can continue to do so and other transgender people will be allowed to serve in their biological sex. But transgender troops and their advocates say it is effectively a transgender version of the defunct "Don't Ask, Don't Tell" policy that banned gay, lesbian and bisexual troops from serving openly.

Supporters of the administration's decision have made their case by pointing to medical costs and the need for military focus.

What happens now: The resolution is not expected to see any movement in the GOP-controlled Senate.

Rep. Jackie SpeierKaren (Jackie) Lorraine Jacqueline SpeierScaramucci compares Trump to Jonestown cult leader: 'It's like a hostage crisis inside the White House' Epstein death sparks questions for federal government Overnight Defense: Senate fails to override Trump veto on Saudi arms sales | Two US troops killed in Afghanistan | Senators tee up nominations, budget deal ahead of recess MORE (D-Calif.) introduced separate legislation that would allow transgender people to serve in the military.

On the House floor, Smith said the Armed Services Committee will also draft legislation addressing the issue.

Breaking party lines: The Republicans who voted with Democrats on the move were Katko and fellow Reps. Trey HollingsworthJoseph (Trey) Albert HollingsworthOvernight Defense: House votes to block Trump arms sales to Saudis, setting up likely veto | US officially kicks Turkey out of F-35 program | Pentagon sending 2,100 more troops to border House votes to block Trump's Saudi arms sale The 27 Republicans who voted with Democrats to block Trump from taking military action against Iran MORE (Ind.), Will HurdWilliam Ballard HurdThe Hill's Morning Report - Trump hews to NRA on guns and eyes lower taxes Democrat running for Will Hurd's seat raises over million in first 100 days of campaign Democrats keen to take on Cornyn despite formidable challenges MORE (Texas), Tom ReedThomas (Tom) W. ReedConservatives push Trump tariff relief over payroll tax cuts Republicans' rendezvous with reality — their plan is to cut Social Security The Democratic plan for smaller paychecks MORE (N.Y.) and Brian FitzpatrickBrian K. FitzpatrickHouse Democrats targeting six more Trump districts for 2020 Ensuring quality health care for those with intellectual disabilities and autism House Democrats target 2020 GOP incumbents in new ad MORE (Pa.). One Republican, Rep. Justin AmashJustin AmashLawmakers blast Trump as Israel bars door to Tlaib and Omar House Democrats targeting six more Trump districts for 2020 Sanford headed to New Hampshire amid talk of challenge to Trump MORE (Mich.), voted present.

 

SENATE BILL WOULD MAKE TURKEY CHOOSE BETWEEN US FIGHTERS, RUSSIAN AIR DEFENSE: A bipartisan group of senators introduced a bill Thursday that would prohibit the United States from transferring F-35 fighter jets to Turkey until Ankara abandons its plans to buy a Russian air defense system.

"Turkey is an important NATO ally and willing partner in addressing a number of U.S. national security priorities," Sen. James LankfordJames Paul LankfordGOP group calls on Republican senators to stand up to McConnell on election security in new ads Hillicon Valley: GOP hits back over election security bills | Ratcliffe out for intel chief | Social media companies consider policies targeting 'deepfakes' | Capital One, GitHub sued over breach The Hill's 12:30 Report: Biden camp feels boost after Detroit debate MORE (R-Okla.) said in a statement. "It's concerning that Turkey would seek close defense cooperation with Russia, whose authoritarian ruler seeks to undermine NATO and U.S. interests at every turn."

Who signed on to the bill and what it does: Lankford introduced the bill with Sens. Jeanne ShaheenCynthia (Jeanne) Jeanne ShaheenSunday shows - Recession fears dominate Lewandowski on potential NH Senate run: If I run, 'I'm going to win' Lewandowski says he's 'happy' to testify before House panel MORE (D-N.H.), Thom TillisThomas (Thom) Roland TillisThe United States broken patent system is getting worse Gun reform groups to pressure GOP senators with rallies in all 50 states To cash in on innovation, remove market barriers for advanced energy technologies MORE (R-N.C.) and Chris Van HollenChristopher (Chris) Van HollenSenate Democrats push Trump to permanently shutter migrant detention facility USDA eases relocation timeline as researchers flee agency Fed to launch real-time payments system in 2023 MORE (D-Md.).

The bill would require the Trump administration to certify that Turkey is not buying a Russian S-400 long-range air-defense system before Ankara can take delivery of an F-35.

The background: The bill is the latest effort from U.S. lawmakers and officials to convince Turkey not to buy Russia's S-400.

U.S. officials are concerned the S-400 could be used to gather information on the F-35, the most advanced U.S. aircraft. The United States and other NATO allies have also warned the S-400 system will not work with other NATO defense systems, and that Turkey could be subject to U.S. sanctions against those who do business with Russia's defense industry.

"The S-400 is a computer. The F-35 is a computer. You don't hook your computer to your adversary's computer and that's basically what we would be doing," Katie Wheelbarger, acting assistant secretary of Defense for international security affairs, told Reuters earlier this month.

Threats from the US so far: Reuters reported this month that U.S. officials are considering freezing preparations for delivering the F-35 to Turkey should it proceed with the S-400 purchase.

The same day of the report, Gen. Joseph Dunford, chairman of the Joint Chiefs of Staff, said the United States will "have a hard time reconciling" delivery of the F-35 if Turkey follows through on buying the S-400.

Gen. Curtis Scaparrotti, head of U.S. European Command, told Congress this month he would recommend that the United States withhold the delivery of the jet if Turkey buys the Russian system.

 

ON TAP FOR TOMORROW

Iraq's new speaker of the Council of Representatives Mohammed al-Halbousi will speak on "A New Parliament in Iraq," at the  11:30 a.m. at the U.S. Institute of Peace in Washington, D.C. 

 

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