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10 Dec 2020
Former Vice President Joe Biden (D) on Wednesday struggled to defend his decision to nominate Army Gen. (Ret.) Lloyd Austin as his defense secretary, amid rising opposition from Senate Democrats at the prospect of another retired general at the helm of the Defense Department.
In order to get Austin confirmed, Congress would have to grant Austin a waiver from a law that requires a defense secretary be out of uniform for at least seven years, aimed at upholding the principle of civilian leadership of the armed forces.
The waiver has only been granted twice in history.
Once for Army Gen. (Ret.) George Marshall, and more recently for Marine Gen. (Ret.) James Mattis. However, 17 Senate Democrats opposed a waiver for Mattis, arguing it undermined the principle of civilian leadership of the Pentagon, and many Democrats and Never Trumpers criticized Trump for appointing Mattis and other retired generals to senior civilian positions in his administration.