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 KennedyThe Hill's 12:30 Report: What we learned from first impeachment transcripts Democrats unifying against Joe Kennedy Senate bid Ocasio-Cortez points to California fires: 'This is what climate change looks like' 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 KatkoProgressive group unveils first slate of 2020 congressional endorsements Democratic lawmakers call on Judiciary Committee to advance 'revenge porn' law Katie Hill resignation reignites push for federal 'revenge porn' law 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 TrumpTrump reversed course on flavored e-cigarette ban over fear of job losses: report Trump to award National Medal of Arts to actor Jon Voight Sondland notified Trump officials of investigation push ahead of Ukraine call: report 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 SmithImpeachment battle looms over must-pass defense bill Judd Gregg: The big, big and bigger problem 'Marketplace of ideas' turns 100 — it's not what it used to be 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 SpeierOvernight Defense: Ex-Ukraine ambassador offers dramatic day of testimony | Talks of 'crisis' at State Department | Trump tweets criticism of envoy during hearing | Dems warn against 'witness intimidation' | Trump defends his 'freedom of speech' Democrats say Trump tweet is 'witness intimidation,' fuels impeachment push Democrats seize on new evidence in first public impeachment hearing 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 HurdImpeachment hearings likely to get worse for Republicans The Hill's 12:30 Report: Democrats open televised impeachment hearings Here are the key players to watch at impeachment hearing MORE (Texas), Tom ReedThomas (Tom) W. ReedHillicon Valley: Critics press feds to block Google, Fitbit deal | Twitter takes down Hamas, Hezbollah-linked accounts | TikTok looks to join online anti-terrorism effort | Apple pledges .5B to affordable housing Twitter takes down Hamas, Hezbollah-affiliated accounts after lawmaker pressure Hillicon Valley: Zuckerberg would support delaying Libra | More attorneys general join Facebook probe | Defense chief recuses from 'war cloud' contract | Senate GOP blocks two election security bills | FTC brings case against 'stalking' app developer MORE (N.Y.) and Brian FitzpatrickBrian K. FitzpatrickHillicon Valley: Critics press feds to block Google, Fitbit deal | Twitter takes down Hamas, Hezbollah-linked accounts | TikTok looks to join online anti-terrorism effort | Apple pledges .5B to affordable housing Twitter takes down Hamas, Hezbollah-affiliated accounts after lawmaker pressure GOP lawmakers express concerns about Giuliani's work in Ukraine MORE (Pa.). One Republican, Rep. Justin AmashJustin AmashTrump allies assail impeachment on process while House Democrats promise open hearings soon Hoyer: We are going to move as fast 'as the facts and truth dictate' on open hearings Conway spars with Wallace on whether White House will cooperate with impeachment inquiry after formal vote 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 LankfordSenate GOP waves Trump off early motion to dismiss impeachment charges On The Money: Lawmakers dismiss fears of another shutdown | Income for poorest Americans fell faster than thought | Net employment holds steady in September | Groups press Senate on retirement bill Lawmakers dismiss fresh fears of another government shutdown 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 ShaheenOn The Money: US paid record .1B in tariffs in September | Dems ramp up oversight of 'opportunity zones' | Judge hints at letting House lawsuit over Trump tax returns proceed Overnight Energy: EPA watchdog slams agency chief after deputy fails to cooperate in probe | Justices wrestle with reach of Clean Water Act | Bipartisan Senate climate caucus grows Overnight Defense: Trump, Erdogan confirm White House meeting | Public impeachment hearings set for next week | Top defense appropriator retiring MORE (D-N.H.), Thom TillisThomas (Thom) Roland TillisThis week: House kicks off public phase of impeachment inquiry Progressive veterans group launches campaign labeling Trump as a 'national security threat' Trump rules out total rollback of Chinese tariffs MORE (R-N.C.) and Chris Van HollenChristopher (Chris) Van HollenOvernight 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 Senate Foreign Relations chair: 'Best' not to pass Turkey sanctions bill 'at this moment' On The Money: Retirement savings bill blocked in Senate after fight over amendments | Stopgap bill may set up December spending fight | Hardwood industry pleads for relief from Trump trade war 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. 

 

ICYMI

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-- The Hill: Russia pushes back on Trump: 'Specialists' sent to Venezuela pose no threat

-- The Hill: Venezuelan government says Guaidó can't hold office for 15 years

-- The Hill: Opinion: Women's economic empowerment is a national security issue