Waiver for retired Gen. Lloyd Austin draws skepticism from congressional Dems

Congressional Democrats are raising doubts about waiving a ban on recent military officers serving as defense secretary in the case of retired Army Gen. Lloyd Austin, whom presumptive President-elect Joseph R. Biden tapped as his pick to lead the Pentagon on Tuesday.

Democrats balked at the waiver despite Gen. Austin’s potentially becoming the country’s first Black secretary of defense, helping Mr. Biden fulfill his promise of a diverse Cabinet.

Mr. Biden is under increasing pressure from Black members of Congress and civil rights groups to nominate more people of color for top posts.

For Gen. Austin to win confirmation, Congress would have to vote for only the third time in U.S. history to bypass a 1947 law that bars former active-duty officers from the appointment if they’re less than seven years removed from the military.

Gen. Austin retired in 2016 after leading U.S. Central Command, where he was the first Black commander.

Mr. Biden said he hopes Congress will approve a waiver for Gen. Austin — just as lawmakers did in 2017 for retired Gen. James Mattis, President Trump’s first defense secretary.

But some Democrats said it’s going to take additional convincing.

Rep. Elissa Slotkin, who spent multiple tours in the Middle East as a CIA analyst, said the defense secretary post is purposely structured to try to guarantee civilian oversight of the U.S. military.

“After the last four years, civil-military relations at the Pentagon definitely need to be rebalanced,” the Michigan Democrat said. “Gen. Austin has had an incredible career. But I’ll need to understand what he and the Biden administration plan to do to address these concerns before I can vote for his waiver.”

Ms. Slotkin said she has “deep respect” for Gen. Austin, pointing out that their time in Iraq overlapped.

The four-star general, who has more than 40 years of military experience, also served as the vice chief of staff of the U.S. Army until 2013 and was the last commanding general of U.S. Forces Iraq, Operation New Dawn.

In January 2017, a GOP-led House and Senate voted to bypass the National Security Act of 1947 for Mr. Mattis.

Part of the thought process then was that Mr. Trump, a political and national-security neophyte, would be better suited with an experienced, battle-tested military hand to oversee the Defense Department.

Sen. John Tester, Montana Democrat, said he’s not inclined to vote for an exception now, after he didn’t for Mr. Mattis.

“Look, I love Mattis. I thought Mattis was a great secretary,” Mr. Tester said. “I think this guy is going to be a great secretary of defense. I just think that we ought to look at the rules.”

Sen. Jack Reed of Rhode Island, the top Democrat on the Senate Armed Services Committee, voted “yes” on the waiver for Mr. Mattis and at the time said he wouldn’t support doing it again in the future.

He now wants Gen. Austin to make his case for a waiver.

“One of the reasons we were able to reach the position on the waiver is Gen. Mattis had the opportunity to testify and [made] some compelling arguments,” Mr. Reed said. “I feel, in all fairness, you have to give the opportunity to the nominee to explain himself or herself. That’s what I think the principle is.”

Only the Senate need confirm presidential nominees, but both the GOP-controlled Senate and the Democrat-led House would have to sign off on granting a waiver for Gen. Austin.

Senate Majority Whip John Thune, South Dakota Republican, said lawmakers will have to take a closer look at the issue.

“That’s the exception, not the rule,” he said. “There’s a reason why we have civilian oversight of the Defense Department.”

Senate Democrats who voted no on Mr. Mattis’ waiver included former 2020 presidential contenders Sens. Cory A. Booker of New Jersey, Kirsten E. Gillibrand of New York, Bernard Sanders of Vermont, and Elizabeth Warren of Massachusetts.

The only other time Congress has voted to bypass that section of the National Security Act was in 1950. Former President Harry S. Truman had asked for lawmakers to grant an exception for recently retired Gen. George Marshall, who had also served as secretary of state.

Gen. Austin quickly made his way up Mr. Biden’s shortlist to lead the Pentagon after Michele Flournoy, another leading contender, fell out of favor with antiwar groups over her ties to the defense industry.

She congratulated Gen. Austin on Tuesday and said she looks forward to helping him and Mr. Biden any way she can.

Ms. Flournoy, a former undersecretary of defense for policy in the Obama administration, sits on the board of Booz Allen Hamilton, a defense contracting firm.

Gen. Austin, though, also is on the board of Raytheon Technologies, another giant defense contractor.

⦁ Lauren Toms contributed to this report.