Transcripts For CSPAN2 Key Capitol Hill Hearings 20240622

Leadership has been looking at that to setup a climate where retaliation is not acceptable i will put a question for the record about the unused building record in afghanistan. I know there was an investigation that you were not found to be a problem in this but it is a problem the investigation found no problem and in reality there was a huge problem that someone signed off on a building for 36 million that is never going to go used. My final question if you dont have time to do it now, i want to make sure we get your take on isis in afghanistan. With your experience in afghanistan, are you comfortable you have a handle on what isis is trying to do in afghanistan . Senator, what i know from general campbells reports and intelligence is we have seen a number of taliban rebrand themselves as isis but beyond that i dont have a good feel for the depth of the problem but it would be one of the issues i look into if confirmed thank you very much. General dunford, i think you are just the man for the job. Let me tell you you have a lot of crisis to preside over. I would simply ask you during the course of your term in Office Tell Us what you need come back to us and be honest and tell us what our men and uni uniform need to succeed and get the job done. I was privileged to lead a bipartisan delegation of house and Senate Members over the past week to ukraine. We met with the president in kiev and he is grateful for the 300 million this government provided in military assistance during the past year. He mentioned the need for tank missiles. I think your testimony earlier today is that that is a reasonable request on the part of the president of ukraine and it will be necessary for him to get those in order to defend his country. Was that your testimony . Senator, it was. From a military perspective those kinds of capabilities in my judgment will be necessary to deal with russian aggression and the separatist issue he is dealing with. Separatist that are backed by the russian higherarchy. Would you agree it is not acceptable the transfer of hundred hum vees to ukraine took over a year to process due to delays at dod and state . If it took a year to do that that is unacceptable. I am not aware of that. Look into that for us. And also led the delegation for the parliamentary assembly. Before the delegation left before the russian delegation left in mass because of a dispute over five delegates being on the ue eu sanctions list. The head of the delegation said that rushsiarussias neighbors have no reason to be threatened. Russia has mr. Putin under the leadership has twice invaded neighbors. Georgia in 2008 and ukraine last year. And we see there is a russian official investigating the legality of the transfer of crimea back in the day saying that this perhaps wasnt an innovation because crimea was never legally transferred to ukraine by the russian federation. It certains me this same official is now investigating whether the transfer of the Baltic States whether the giving of independence to Baltic States was also legal. Perhaps that wasnt legal at all this russian official suggests and we can get to the issue this way. I want to ask you this about our nato commitment. I can envision a situation with small jurisdictions that have a majority of russian speaks and small jurditions in estonia with russian speakers. And sites of pretext and we need to create a trip wire in the baltics. This should communicate to russia that nato will not tolerate violations of the territory integrity of our allies. Will you highlight the steps dod needs to take under your leadership to send a message to show this sort of pretext by the Russian Administration is not tolerated by the United States and our nato allies . I think our experience in ukraine and the highlights you use show we need to upgrade the threat from russia which has been a hybrid threat. It provides support for separatist in these countries and that needs to be a priority. You are asking watt the department should be doing. We need an effective model for the 21st century to deal with the threats we are seeing in russia because i think that kind of threat is one we will continue to see in the future and we will continue to that in the european context. Would an en a surge of troops be unacceptable . From a policy standpoint i cannot answer. From personal it looks like sovereignty. Under article four of nato it would be unacceptable. This administration and Congress Needs to make it clear we will do what is necessary to prevent this idea from being considered in the first place. I agree with that and think it applies to the cyber threat as well. The idea of changing threat in the 21st century and we should update the models for both. Thank you, general, for your service to our great country and your familys dedication and sacrifice they made with you. And sir, i am sure you had the opportunity to form opinions on what our threats have been and what our threats are today. What would you consider the greatest threat to our National Security . My assessment today is that russia presents the greatest threat to your National Security. Would you want to elaborate on that . In russia we have a nuclear power. We have one that not only has the capability to violate the sovereignty of our allies and do things not consistent with National Interest but they are in the process of doing so. So a nation that poses a threat to the United States i would point to russia. If you look at their behavior it is nothing short of alarming. When you have basically, and i have been very much concerned about the same issue, i think we talked about it before when you visited by office briefly before but i have been told by major scholars that the cold war is colder today than it was when it was declared because of the lack of communication. Do you find that to be true . But i think from a pure Economic Resources and the governments perspective they are much more yclept to set up a separate state at this time. Also the mistake of the office leaving iraq and pulling troops out when we did. Did we have an option to stay . I was not involved with the discussion at that time that the assessment was we did not have the option. So those of us who believe there could have spent some forces left there were the valuation of maliki not doing his job was rigo down the past to democracy ought democratize the country we did not have the option . The iraqis were not meeting our demands item 03 would have no option if i would say that. I have spoken many times of a lack of the audit in the federal government and the marines have made more of a never than any other branch but it has not been fulfilled. What is your commitment to have an audit to know about our contractors or how many forces with of military Order National guard . We cannot be effective as an organization or be efficient with the taxpayers dollars if we dont have an effective audit. Working as the assisted commandants we did make significant progress to get to the point where we could in turn liotta resources that are under the marine corps with some data base but i can assure you if confirmed i will continue to press hard in that direction and to press hard that we can come to you with a clean audit. You have my support and the confidence of the American People or at least west virginia. General thank you for all you have done for the country i think he will do a tremendous job of chairman of joint chiefs of staff i want to thank your family for what they have done for the country what they continue to do. We appreciate it. I also want to lend my support to the issue of retaliation it is very important as we focus of the work that we have done to work to prevent Sexual Assault in the military to support victims and hold perpetrators accountable. I look forward to seeing that proposal from you. I want to ask the situation as we look at iran and their support to support a proxy for undermining. To provide support in in yemen and provide support it is the clear influence and lebanon and certainly tried to expand their influence into iraq and are exacerbating the sectarianism across the region. I want to follow what but also i saw reports they are engaged you support the taliban and in afghanistan. I have seen those save reports and a half provided support in the attempt to encounter isil. Think about your experience as to command troops in iraq but certainly iran has the blood of american soldiers on its hands for the expose of materials for the she dash militia that killed many you men and women in uniform. As you look at that situation in a back with shia how could they be part of the long term influence . That is why i believe we should not provide any support to those forces of less under the Iraqi Government and not provided support to the iranians. I want to ask about the situation on cyberbecause the fbi got the blood dash director has said he believes this is his enormous breach of millions and millions of individuals who provided Background Information have been breached and director clapper says they believe it is a chinese. Looking at the threats facing our nation called bush uss our current posture with the chinese . Cyberthreat is significant and frankly every week we learn more about a opm breach from the data it has not been compromised. One of the challenges from my perspective this is to provide the president with a full range of options to deal with these cyberattacks which is what the breach was and though the senator asked you what the greatest National Security threat was and you identify a russia with the aggression and aggression to invading other countries essentially but as you look at the National Security situation what keeps you up at night the most . The ability to respond to the uncertain. I am very confident in said joint force to deal with the challenges of today but on balance to deal with the challenges that we know there is very little residual capacity the readiness to respond that keeps me up at night to if i were confirmed as the chairman. Thank you mr. Chairman i appreciate the hearing i am grateful for your wife and children to be here with you. We know that you served together we are expecting a Nuclear Agreement today. I concern lifting sanctions may allow that country to invest more money into terrorist activities in the middle east . No question it will change the dynamic in the first thing i say if confirmed our have a responsibility to have options for the president with regards to increase resources it is reasonable to assume the iranians would have more money but i would say regardless my expectation is that will continue the activity over the mill east over the last several years. Also about retaliation in the senator was correct that we all very concerned talking about unit commanders cry want to be specific so you know, the problem. 53 was peer to peer but 35 percent was adverse administrative action action, 32 percent was professional retaliation and 11 punishment for the infraction stowe some of that is perceived by survivors to be done by unit commanders or someone within the chain of command because what is perceived is serious. There is a climate issue that the chain of command is responsible for particularly unit commanders and lowerlevel commanders that is not getting the right message. Intact a recent survey said 60 percent of women who said they experienced sexual discrimination of negative behavior came from their unit commanders. Said the climate issue is not adequately addressed ho you also have the challenge in the reported cases one out of seven perpetrators that were alleged to have committed rape for Sexual Assault was also in chain of command sielaff challenge lowerlevel commanders but it is not yet addressed. And want to talk about combat integration and i strongly believe we should have standards that meet the needs of each position for the have not been very vocal on this issue but if confirmed you are one of the individuals that are advising the secretary of defence whether the services should receive any exceptions to policy do you expect them to ask for exceptions . I cannot answer that question right now but i can explain the process. We have looked at the issue pretty hard with the task force i expect the data that we have collected to be available in the august or september time from now will meet that timeline from 2012. Will you look across the services to see if one asks if another service does not . Is it a comparison . Might understanding is i will have a responsibility to look at each request on its merits through the secretary of defense. I want to address cyberwere constantly confronted by our needs as they have been building all those capabilities but there is work to be done. What do you see that as the reserve component . This survey will grow and i support admiral rogers said she said to grow it and capacity the reserve component will be very important. Is specially the skill sets that our unique to cyberwe need to figure out a way to maximize and leverage those capabilities. They give for your many years of service to your family and wife and your niece who is here as well the was pleased to see listed modernizing that enterprise among the top challenges you expect to phase in response to the advance questions and also described the Nuclear Deterrent as the top military priority. Is a critical we maintain the full triad of the delivery vehicles . Been given the nature of the threat today i do believe that. To support the bomber legs armed with that gravity bombs and the cruise missiles . I do. And you know, that they are entirely different capabilities. One does not make the other redundant. Correct . It is. In dads a degree of complexity to give assurance to deliver as required. Modernization has been delayed for some time but now were at a point with the Delivery Systems cannot be extended any further as the deputy secretary put it the choice is to modernize the capability in the twenties and thirties but some argue it is too large we cannot afford to retain the Nuclear Deterrent but according to the count calculation, at its peak the mission would be 7 of the nuclear budget. I think it is confusing to hear the deterrent to describe as affordable and the alternative that they would age out to have the affordable cost. Day you have thoughts on that . Some people would ask if we could afford that i would say i think we need to think how we would find that. Is the number one and capability in Nuclear Weapons have that existential threat. How do we move forward to fund this whether or not we could do that. 7 of the budget at its peak, i shouldnt that be what we find first . Is more complicated than that when i look at the replacement as the example we have to make very difficult decisions from the capability perspective so that balance capability is what the joint force needs. Very zaph. I appreciate the connection between the modernization panda of reductions to the non deployed weapons. I think it is often overlooked and based on simple logic if you have a modern stockpile with the infrastructure you dont need to keep as many spares. I thank you are more insulated as well from what is happening in the world from those surprises said technical failures. So does that make any changes before we have the modern stockpile . That would be the most prudent course to take. Sandoz traded a a negotiated treaty. I dont believe we should take unilateral action. I think we can wait for that question for the record. Do you agree any arms control negotiations must take into account the current behavior . You mentioned at the beginning about russia. I do. Also want to thank general dempsey for what they have done for the country and general dunford thank you very much for stepping up to the plate. As you know, and as we have discussed in the past i believe another greatest threats to our troops is where they start to think about suicide we lost over 400 young men and women in the past year and you have worked very hard in this area was reading in the marine corps. Will you have that same screening used when you look at recruits early. Once we identify to take appropriate to actions. P. S. There question i want to ask you is a lot of times there is the stigma for the young men and women to seek help. So it is us cyano strength as opposed to any weakness. Absolutely. But over the past 57 years he stigma has changed dramatically even dealing with families in the wake of suicide think of one decade ago was completely different is much more receptive than that was in the past to make sure that is the steps successful. So we made some progress on that regard. I was on a trip with senator mccain and weve met with a number of forces there one of their greatest concerns with the iraqi troops will get the i. C. E. Is fighters but i know that has to be a focus 40 earthy forces but will lease and the message the only way through ramadi that there is no backdoor . You have been on the ground were recently talking to the commanders said it had seen the play and and they have made it very clear the Iraqi Security forces how important ramadi is as were tracking the conditions for the iraqis to be successful. From the operation as perspective or from the perception of the campaign it is a strategic action and the iraqis understand that. Also who we met with to meet with this to the tribal leaders. And then to read chanteuse secretary carter one of the members said we have people eating grass their work with the United States there is no milk for the children reach the age you to help with the humanitarian crisis. So not only do we have to win the battle but reacquire the hearts and minds if you do we will move the folks out. But then to develop relationships of the anbar prophesy could not agree more that their confidence and trust will have an impact not only from a military perspective but from the willingness to support us. Appears the plan we have is no plan. We talked about a buffer zone with a river is saudi arabia with chairman retain to have a nofly zone. To be in search of a plan so we hear that then to see a race between isis to take over the rest of the country which is a very rare scenario. So this is a challenging position and it will change quickly we had best be prepared anb ahead of it or the entire country will be gone when we look up. Third. Thank you for your years of service also to your wife prepare you said russia is the greatest threat i take it that is because they have a Nuclear Capability tura destroyed unit of states . Combined with the recent behavior. Give that russia with the intermediate forces treaty to believe the United States should consider withdrawing from the treaty . Of the by to take that for the record. As it currently stands is fresher violates the treaty that means United States is the of the country to develop but the president currently has a proposal with the countrys not just the capability but also to put stress on the alliance. I find that someone underwhelming to station troops pinned in those countries. As part of the of wide range of activities is to have the infrastructure in the other is to preposition equipment the and the other is Rotational Forces his secretary carter announced the one month ago. Now moving into iran under eddie such agreement to get billions and billions of dollars higher do expect that . There are two challenges as a result of the economy. So you believe that these part of that supports like has the law has blood or yemen or the shia militia in iraq . Does United States have a military capability to destroy the Iran Nuclear Program . It is my understanding that we do. Serving in iraq and afghanistan do you know how many soldiers or marines under your command were killed by iranian activities i know the total number that were killed by iranian activities it was quoted as 500. We cannot always attribute the casualtys we suspect it was a radioactivity although we did not have the forensics to support that. But we suspect those killed in action even more wounded. You have a reputation to be thoughtful with Service Members will reduce say if there were killed by renewed activity if they make a Nuclear Agreement before they change their behavior in the region . And if confirmed but i will make sure that leadership has a full range of military options to deal with the renewed activity. Your nickname is fighting joe . [laughter] it is not one that i used. One that has been given to you . Perhaps by my wife. [laughter] would you perhaps tell us the origin . I prefer to talk about that in private. Cry heard it is as an infantry officer in the early days and given whatever budget agreement we reached it is inadequate of the longterm modernization needs with of bomber and are you worried about the next generation of infantry bin that we take major Capital Investment . It is broader there in the infantry peace we need a balanced inventory of capabilities to be successful. With a is a question with you say what kept me up at night did the to respond and and what concerns me are people who know what the future looks like so to have a full range is the prudent thing to you do. A think we put Ground Forces into the balkans is somalia and afghanistan and even if you dont want to be called friday and show you a book of for all of those in the of marine corps. The senator from arkansas clearly got his nickname. General dunford with the recent announcement of march visors going into the antiisil mission in iraq and syria to figure out how to serve abroad in the battle. And then to deduct ground strikes. Todays ago general dempsey was your justify he believes in the mission of the complexity ensouled for the disease to defeat isil will they be received positively from the troops with congress would have a debate and affirm the west mission against isil . It is all vague that have purpose in a demeaning. And then it is the unmistakable message to the allies but with respect to the antiisil effort to talk about when senator reid was talking about the couple of the government encroachment just for the record i should know these support Effective Governance and iraq, it denies safe haven, a building partner capacity capacity, and hinting intelligence on isil, a disrupting isil finances, exposing the nature and disrupting flow of foreign fighters in to protect their homeland a and humanitarian support. That is with the building partner capacity to have a piece of the others in a given the fact that these items are not dod but with significantly hurt the other that is critical to defeating isil. I would like to talk about the relationship retrieve the to because it highlights the issue. From my perspective to go on record right now ainge for i dont know how we could have been during success but with those Military Lines of never will set the conditions and without the game properly resource. With iraq than syria but then to have an enduring stability in the region once and for all. So to fix the sequester for defense that is all we need to do with the nondefense investments in 100 senators are now on record by voting for with public statements and with nondefense accounts in my hope we can do that. And with the opposition first raised in september senator mccain raised the question is a freetrade foes to fight isil and they are attacked by assad regime would we protect them he asked again yesterday so by my count that is nine months without a clear in answer. We were told in theater last referrals other engagements still would prohibit u. S. Effort to support u. S. Trade isil fire if they become under attack by have asked questions for the record and i like to know if that is the policy if dod intends to change the policy and will day and what do we need to do because i do not believe we should be sending u. S. Trade and people into a theatre of war without a guarantee they will be protected those will be record question is for the hearing but i want to let you know, those are coming and it is a very important matter. This is a hint general dunford thank you for taking on the responsibility and marines all over the country taken great pride in the fact you are only the second marine ever nominated for this post and i know your career has exemplified the values of honor and courage and commitment and i certainly plan on voting for you with enthusiasm and i encourage my colleagues to do similar afford to see you tomorrow night said to ask questions about congress as an adviser to the president weighing it and through other means of the key posture issues troops troops, aircraft, how important is it the military following the defense guidance . It is very important given how explicit it is with the responsibilities of the congress. I will provide examples note to the chairman the number of aircraft carriers passed unanimously through the committee to vote on the senate floor this should they say he doesnt know that much about ted levy so we will blow that advice off . Is inappropriate to a civic event passes alive and not be appropriate to ignore it. What if they say it is a sense of congress with the asiapacific to increase forces is that appropriate to ignore that . But first to inform all the actions spirit there is a recent amendment that says exactly that. I will provide a second area in terms of the emerging threats because there are so many threats out there then this certain threats. Something that everybody seems to be focused on you may have seen newsweek this week with the race to control the arctic in the struggle retreat major powers to dominate s strategic place and how the russians are aggressively moving military forces into the arctic with the secretary of defense to save the geopolitical cold war the west is in danger of losing the were not even the same legal or plagued the gave little. It is safe to say the department of defense has been asleep on this which there is a section that requires the department of defense with the military strategy with the interest and threats does it make sense to cut the limited number of cold weather trade warriors in the arctic before the strategy is completed . There is only certain forces in the arctic and theyre all in alaska. I would like to take that for the record so i am not aware of the full range of decisions being made and the implications. It is hard to figure out those capabilities without a plan we have mandated us desire for a planned to cut the foresee from before rigo the plan and we hope dod will recognize that as well. That we will develop an appropriate role with in support of the economic interests in the arctic. Thankyou for your service. I want to rubric of the issue of sexual trauma in the of military and retaliation and to determine those root causes that it does not support the retaliation and to have a sense of urgency have space addressed the issue of retaliation with the chips raw there could not be strong for his they are encountering Sexual Assault and harassment. Show your views of the rebalance. I cannot it is critical breed to thats also the Economic Future with the philippines and vietnam and india austria have all been adjusted the have an unprecedented level of exercising future in the pacific to a certain influence to provide a stabilizing presence. Indebted is what has existed so thatd sin place so we can do that in the indefinite future as well. And as a result of the budget necessities with regard to the importance of rebalance i know that this is something the senator shares to three the rebalance of the asiapacific remains the strong commitment on our part. With a threat to National Security where where they fall . With china was toyotas the virtues. Russia is because of the Nuclear Capability because of the growing military capability and the interest of the specifics of the relationship between their capabilities and our interest and doesnt leave the current threat. Such a look at those capabilities and then as distinct clearly aide north korea with Ballistic Missile capability and potential to reach the United States. I just want to make it clear that they dont attack thoses sequencer there is a prioritization of one that has to do at this particular time all of the Security Issues they create a challenge that need to be addressed. And then to talk about the pacific with japan and though whether of the concerns of the okinawa population in the challenge to relocate forces because that is the part of the rebel is that we are committed to. But they received nothing budget the commitment so my sense is the japanese government is committed to that recognizing it is important so right now the of relationship with the japanese is that a pretty good place. So really has a concern. Now we talk about okinawa of we need to be Good Neighbors to set the conditions to make that contribution and a replacement facility is the internal japanese political issue that has to be worked out by the japanese government. Think your approach general dunford welcome to you and your family in your written testimony you state the Nuclear Deterrent is the nations top military priority that leads me to a specific question related to how we plan for that party over time. With a full weapons complex is critical to Nuclear Deterrents and one of the things in your written testimony is we must recruit and train the next generation workforce to have a stockpile requirements to modernize the Nuclear Weapon infrastructure. Can you share your thoughts specifically on the Laboratory Directed research and development in the programs going on at our National Labs in the role to achieve retention of the next Generation Nuclear force . That is something in my capacity and have no expertise that would take that for the record. I look forward to engaging with you with that in the future it is important to view the particulars and how we manage the things that bring people into the pipeline at the front end with expertise then they stay in those positions and rise up to provide continuity to make sure we have the kind of modern deterrent that we need. And an expression with the challenges here at home, in my view Defense Innovation is moving too slowly. Often times echoes years while commercial innovation goes over months and we included a section to authorize funding about half of which would be dedicated for directed energy to read so read the building of offset technologies including additional directed energy cybercapabilities and Autonomous Systems and Intelligence Data analytics what role will the development of these new technologies play in our National Security . And what steps should take to develop and deliver these systems more quickly . In my capacity i view the future of the jury forces to be of critical responsibility a key piece is to keep pace with innovations anonymous jury get better to find different ways to do things in the future than ever more effective to maintain our competitive vantage her gore think we were all lying is a concern for me because of the past decade our efforts of innovation were a lower priority than they ought to be and we have tried to energize that i will bring that same focus and attention if i am confirmed. I appreciate that. One of the challenges the airforce remote pilot is under severe strain largely through increased combat and commander requirements and policy actions with the basic reality the air force is losing more pilots they and it is training we have heard from secretary james in general welch but have assure this committee their dedicated to resolve the shortfall but the also what your commitment to help resolve this issue. If confirmed we make that a priority . I will comment quickly those men and women represent the capability of the joint force in their effectiveness, morale and willingness to continue to serve is important i will certainly reinforce the efforts to make sure those individuals are appreciated and have a climate they will want to remain in urban. I appreciate that deeply it is an area where racy severe strain and where folks need our support. Thank you. Good morning, general dunford. Thanks for your service and for your families long time serving our nation. I leaned over to the senator sullivan for your comments and i appreciate your concise answers it is refreshing. I would read like to go back to a question that senator sessions asked. With the certainty so it is not a longterm commitment so precisely how you would. Oh or if you give us the current rules regarding oco we cannot use it the modernization is was has suffered the most springs. Are you making specific recommendations to get the most productivity u. K. And out of it . I have spoken with a number of people we have the right mix to fight successfully had given iraq i understand about the political decisions to cause a problem and though structural issues have to be addressed. But to have the right command infrastructure among the iraqis. What we need to ruth create of fighting force for a the iraqis. I can address that in the institutional trading with the ministerial level to support those forces but i want to take a opportunity with the commanders on the ground with a comprehensive recommendation. The afghanis have made progress but they still of rely on us heavily for the i s hour capabilities in the region and. I have heard you say we can have a calendar based approach toward reduction of forces but the sense that i got when i was in kabul is that those that are in very much in touch with the situation on the ground thinks it would be a very bad idea to substantially reduce the presence over the nearterm for cry assume theyll look 18 months from now that we will still not be in the plays were the afghanis could be completely independent. Do you share that view . The assumptions that we made with the recommendation and delivered december 2013 those affected the timeline and we did not expect that to be as much of a delay as it was and it was of great destructor the when i was on the ground was difficult to get my counterparts to focus of the practical side of the growing ministerial capacity when they were dealing with the election switch delayed efforts and there are other areas where you make assumptions about things i could be done but actually we did not get done during that time. From a distance to talk to general campbell a Central Command if confirmed immediately this make sense to me with a time when we originally identified in is possible affected inside of afghanistan. Thank you afford to supporting your confirmation. Mr. Chairman. Thank you for your service and for your service as well. I want to begin with what u. S. Just as the primary threat through russia and china tour talkedabout a weapons platform or system for the submarine force a recognize that is not immediately part of your background but as the great responsibility if you are confirmed is certainly i will still strongly support your confirmation. The program is critical to our Nuclear Deterrence and the cost of the program has been estimated in the range of 100 million in the navy said it cannot pay for it out of the navy budget. Will you consider and support looking at the Defense Department budget as though whole to fund the Replacement Program which i assume you agree it is critical to Nuclear Deterrents. I do agree it is critical. It is part of that triad to modernize for five very familiar with the budgetary implications with the longrange ship building planned so to fund an ohio class replacement so with the rest of that shipbuilding plan between two and half for three ships per year we are nowhere near ready to be right now. So i do think a broader mechanism would make sense otherwise we will have adverse effects of the navy and one of my perspective is coming into this role would be we need to have some balance so the United States navy without war fighting capability would be difficult to balance those with the replacement to be paid for with the Current Department resources. Fortunate to have a military leader such as you serving in a time of great peril. I want i want to ask a question of you if the objective were to destroy isys, not to we cannot a great but utterly destroy what would be required militarily to accomplish that objective . It would not be possible to destroy. I do think the military aspect is critical. If the timeframe i suggested is not feasible feasible but let me ask you a followup question what will be required to destroy isys and what timeframe is necessary . If that were the objective what would be required to accomplish it . Clicks from my perspective today this is a longterm endeavor a longterm endeavor on the order of years, not months. And what would be required to do that in whatever timeframe is necessary . From military perspective we need to take action to deny sanctuary where everything takes root that will require us to build local forces in the Partnership Capacity with local forces that would be the defeat mechanism. Mechanism. You would have to have Effective Governance so that you have the conditions set for longterm stability or isys could not get traction will address the foreign financing for they get their money as well as economic assets, assets, would have to address the movement of foreign fighters and probably the one thing we need to do is undermine the narrative and discredit the narrative clicks in your personal judgment are you concerned about the rules of engagement for our current use of air power that it is overly constraining the effectiveness . Clicks senator klein am not. We conduct personality and planning and discrimination and execution in the thing were doing now is ensuring we dont have civilian casualties which practice supports our narrative and gives us the credibility we need to be successful longterm clicks in recent days the administration has informed congress that we are arming the kurds something i have called for for a long time. I spoke this week with the senior kurdish leader who reported that the commanders on the ground, are are not confirming that. What can you tell this committee about the extent to which we are providing serious arms to the kurds and it is actually getting to them rather than being bogged down in baghdad clicks sen. , i would agree with you the most effective Ground Forces in syria and iraq today are in fact the kurds. Kurds. My understanding is the issues associated have been addressed in their now getting there now getting the Material Support that they need. If confirmed i will go over there visits, and make sure i am able to make my own personal in my Opening Statement cannot we have the most Capable Military force clearly rooted in the minimum and we have. It is not something i would be complacent about. I have concerns about how horribly have been running our men and women. We have a plan where we wanted to have a wonderful redeployment ratio which means are forces the void and allowed us to get adequate training take care of families command to be a sustained rate of fire. Many of us are at or below 01 to two deployment the home for less than twice as much time that continues on and has not affected the families and our ability to train across the range. If confirmed this will be one of the areas i focus on. I think i think i have responsibility to lead the men and women in uniform. Articulate to our as well as the executive branch Material Support they need to remain the finest fighting force in the United States. It bothers me greatly if our young men and women dont have confidence. I can tell you, if confirmed that will be an issue a priority for me. Again the trust and confidence and let them know that they are properly represented and we recognize where asking them to do a lot. I can fit that is exactly what i will i will do. Thank you. Sequestration uncertainty which has contributed to this drop in morale clicks chairman thanks. I should have mentioned that there is a tremendous amount of banks driven by the uncertainty about how big the force will be and will be have the equipment necessary to accomplish the mission. I do think that sequestration is a factor clicks senator a followup question. Thank you. I just want to get back to the issue of the militarys role in relation with congress. Do you think it is an Important Role that we have to make sure our services dont replicate missions and core competences quakes i do. Let me provide a quick a quick example. One of the Core Competencies as largescale airborne units that can employ on a moments notice. You you think that is a core competency . I do. A military general testified in front of one of the subcommittees i i love putting troops and helicopters on naval shipping for expeditionary maneuvers. I would associate with that of the no space marine corps. Clicks with that surprise you . Clicks it would not. Not. I have seen that description. A Redemptive Mission and not a good use. Given the shortfall tomorrow speaking now is service to give it a priority out to go to the United States marine corps. Would it be appropriate to try to limit such redundancies the making sure military funding goes to core competency . I do agree. The congress is a critical role. At the joint capability and capacity. Clicks thank you. Clicks thank you mr. Chairman clicks thank you for that followed question. Clicks thank you. I apologize for getting back so late. I was an appropriations markup. The servers and your willingness to continue to serve. After watching you before the crowd and hearing from them how impressed they were forward to the impression you will make as the new chairman of the joint chiefs. I wanted to follow up on senator workers question about europe in the concerns in europe because i recently returned from a visit to poland have you. The nato exercises. And her extreme concern about the potential for prudent to engage in asymmetric instigation in the baltics and other Eastern European countries. I am concerned about the failure today of europe to commit to the 2 of gdp for defense spending and wonder if you have thoughts about what more we might be able to do to encourage them clicks sen. I think it is important that our nato partners bear their share of the burden. That is an issue that has been addressed. They came out of conference with a commitment for nations to meet that 2 percent. Given the shortfall capabilities and capacities and areas like intelligence strategic left and so forth, it will be critical for our partners to develop the capabilities and capacities. I would also add that when our nato partners are properly resourced they have capabilities and capacities they can be integrated to great effect. I think the alliance can be a very effective force for stability in europe as as well as for out of europe operations. I agree, and hopefully we will see that commitment follow through on. Clearly threat continues. Our Eastern European allies are concerned. I want to ask you about you talked about the deployment pressures on our military. I wonder if you could give me your perspective on the appropriate active to reserve ratio and the importance of the National Guard and reserve and continuing a military mission that we have clicks sen. I can. One of the of the things we have to do is balance the consent of employers and families with the willingness and desire for a guard and reserve to continue to serve and whats more the operational and strategic sense. There was in the past the sense that the guard and reserve would be something in the case of a major war that we would mobilize. I think we found today of the guard and reserve is much more operational in that they are useful or when it comes to stopping isys the stated goal is to degrade and destroy. What can america expect . I think you will see an expansion only across the middle east but outside and have seen elements all the way over to afghanistan. And expanding power quakes expanded in terms of geographic location. I have not yet included they have expanded in terms of capability. If we dont stop these guys we can expect as me. Clicks sen. Come i think it is fair. It is exactly what i said. I dont want this analogy, you will have to stop these guys. Is it fair to say they need to be viewed as one battle space . Absolutely. The enemy does not respect the boundaries. Can you envision a a scenario with Regional Army go into syria and fight isys alone the sod off the table . Clicks senator, it is hard for me to see that degree of integration given the divergent interest, but i can see that would be an effective way to deal with this. My question is if you did not put removal on the table it will be hard to get them to justify joining. Clicks thats right. Most of the countries you spoke about have a a shared goal quakes would you agree that as sods presence is a magnet for sunni extremists . If not be a proximate cause, certainly one of the primary drivers. If we go down to a thousand and 2017 in afghanistan to be substantially is those are Counterterrorism Mission . A significant degradation would we lose our eyes and ears along the afghan pakistan border . We would. Would that would create a lot of risk to the gains we have achieved over the last decade if we did not have those in Counterterrorism Forces . No question it would create risk. When it comes to 63 Syrian Army Troops being trained under the current regime would you agree that it would be hard to recruit people to go into syria if you dont promise them protection from a solid because a solid because if they get any capability and sought with assume that capability would be turned on him one day day, and he will not sit on the sidelines and watch a force majeure and development. I agree with that assessment. The most logical consequence is that alassad will see them as a threat to his regime and most likely attack clicks i agree quakes and it would be immoral to put someone in that position knowing that is coming their way without capability to defend themselves. My assessment as if we trained the moderate Syrian Forces we ought to also provide them with the wherewithal to be successful. If this war continues to do you worry about stability . I do. Do you worry about stability in lebanon . I do. The consequences of going into syria with their Regional Force and all the problems associated have to be balanced against the consequences. I agree quakes in your view over the long haul is it in americas National Security interest to do things necessary to the grand destroy . I do believe. Do you agree with me that whatever Regional Army we may form there are certain american capabilities that would be outcome determinative and it would be in our National Security interest to provide them clicks particularly i agree with that in the case of aviation Intelligence Surveillance reconnaissance a special a special operations capabilities. If a soldier on member of the military falls trying to destroy isys would you agree that they died protecting the homeland . I would. And that is the reason some of the may have to go back clicks there is no question 3500 inside and those in the surrounds checking our nation clicks come blessed. God bless you. Best of luck. Thank you. On behalf of the chairman let me thank you for your testimony and your service. I now adjourned the hearing. [inaudible conversations] [inaudible conversations] good morning. Welcome. Strategic communications heritage. Cosponsored us. I want to introduce the moderator first panel today. The director and senior fellow at the Heritage Foundation meals under where he writes and speaks on a variety of law related topics. Prior to coming he worked in different positions including a partner as an assistant United States attorney and Deputy Assistant attorney general. Also served as executive Vice President and director of world antipiracy antipiracy operations with the Motion Picture association of america and distinguished practitioner and is a resident the from law school and general counsel of the Us Commission on International Religious freedom. [applauding] and different story. They experienced significant and surprising losses and some major cases. At least two of the scribes perceive a discernible leftward shift. We have assembled we have assembled an excellent panel to discuss some of the major cases each of which is argued many cases before the United States Supreme Court and are considered among the elite group. I will introduce them each briefly from afar to briefly, and then we will begin our discussion. Time permitting will take questions. My. Left is a partner at jones day where he focuses his practice unconstitutional appellate civil rights civil litigation against the federal government. Mike served in several senior positions including Deputy Assistant attorney general and Deputy Assistant attorney general of the office of legal counsel. He has counsel. He has argued several cases in front of the high court. This past term King V Burwell and every federal Appellate Court in the country. It is left is john elwood who argued to cases argue two cases this past term including aloneness versus the United States partner where he specializes in appellate litigation. Prior he served in a number of significant positions within the Justice Department including assistant solicitor gen. And deputy the office of legal counsel. He received several awards including the attorney general award for Exceptional Service award for distinguished service. He also clerk for judge Daniel Mahoney and Justice Anthony kennedy. Through to his left is andy pincus who argued the case this past term, partner at mayor brown where he focuses on appellate litigation and advocacy. During the Reagan Administration answer that assistant solicitor. And. And he is a cofounder and codirector of the year loss cool Supreme Court alicyclic lets get right into it and talk about one of the most controversial cases the samesex marriage case. Windsor, the United States versus windsor and found there was a constitutional right to samesex marriage which is the way it went down in the Supreme Court. My thoughts and no particular order the opinion no one is great surprise, written the majority of opinions in the libya cases expanding the rights of gays on wilmer versus evans. Lawrence versus texas and windsor. And you know, like many kennedy opinions on big topics it was long on rhetoric and short on traditional legal analysis. I do not know whether that is by design because there was a term. Kennedy would say this is a teaching case and they did not know if those direct the public law students command i would not be surprised. He has deemphasized using footnotes and opinions. This this is a case that is accessible to laypersons and i wonder if that is by design. I was telling guys that i was on a wedding recently, an opposite sex wearing where the efficient quoted windsor. I think this is an opinion that will displace windsor. The opinion well. It does not talk about to players of different layers of scrutiny and there is very little on case law. This case is important not for the holding but how it didnt. The court is waxing and waning on how specifically you define rights how rigorously you have to tie the suppose it fundamental rights to an historical practice. High water mark was footnote six michael h versus gerald the which was only joined by two justices. Oconnor and kennedy did not join it. We refer to the most specific level at which are relevant tradition protecting or and i am protection to the right can be identified. Obviously to get you would have had to have a very specific tradition of samesex marriage. In washington versus bloomsburg the physicianassisted suicide case which kind of set the standard. And it emphasized how important it is to tie it to the political practice to make sure that due process can be steadily transformed. And they said there are two primary features of the analysis, the due process clause specifically protects fundamental rights and liberties which are deeply rooted in the nations history and tradition and implicit. This took a this took a big step back. However you pronounce it the case took a big step back. This is not unusual for kennedy opinions. He does opinions. It does not explicitly overrule. Frequently they would ignore conflict or try to paint them as consistent with the prior case law. But law. But here they said sometimes we process requirements for courts to exercise reason judgment. And i think that this is one of the biggest things. Things. It really kind of decoupled it from historical tradition or at least deemphasized. Here is the favorite paragraph. The generations did not presume to know the extent of the freedom and all its dimensions. Interested the future generations chart to enjoy liberty. Liberty. Of course what we mean by learning meeting who is learning it matters. Moving on i think that the third significant thing is what does this mean for religious liberty . Even though Justice Kennedy himself put language in their suggesting that we have had to respect religious liberty, i liberty, i am sure most of your will aware that that argument when the solicitor general was asked the question what about religious institutions they dont recognize samesex relationships what does it mean for tax purposes . Said there was no question. This is the next battleground. Even though Justice Kennedy im sure feels like it is not worried about what this will be used for. You know Justice Oconnor famously affair lucy busy standards has not been happy with what has happened. She left the court. I think Justice Kennedy my reaction to what his written in cases has been displeased with the casey standard and its application that it was applied more liberal. You know when he was working on the joint opinion so it is an interesting opinion. Opinion. It is significant in the future. The samesex marriage advocates have the limit. Anything . Well, i am just saying a couple a couple of things. It may not be a coincidence. I do think it is i totally agree with john that i think the treatment is important part of the opinion and the boldest step what is interesting is in that paragraph and the parts of the opinion that proceeded, he does try to route that a little bit and original is. The opinion his bond or amplified it. A a conflict out there in the world of scholarship. What was original intent cuemacks plastic view original intent means or the framers views of the reach of these rights. Evolving on the more Progressive Side of the spectrum from her original intent is actually the framers view familiar with courts, writing broad concept but actually saw this as a commonlaw kind of authority that would involve in their time and limited. You will see an increase battle to defend and attack the Justice Kennedy approach and in the majority of the courts approach. Lets turn to a totally different area. Congress congress and the president faced off and determine the case involving israel. You know, for an know, for an issue that has been hotly litigated for the samesex marriage and lg bt rights to an issue