▶ 0:15:34Chair Wicker: We need two people more for a quorum and we can get some nominations out of the way so we will take a moment. I want to thank our guest for being here. Senator cruz, it is good to see you. We will take a moment.
▶ 0:18:50Chair Wicker: >> ok. Ok. Thanks. The meeting will come to order.
▶ 0:19:10Chair Wicker: For the information of members, we do have some nominees who need to be reported and during the first vote I really would appreciate if members would come to the hallway and we can report those, but for now we welcome our witnesses and nominees and their families. Thank you for being here today. We are living through a period of profound strategic uncertainty.
▶ 0:19:38Chair Wicker: You have heard me say this numerous times but it bears saying. Today is an era marked by great power competition, ongoing conflicts abroad, growing demands on our armed forces, and I say this again because it bears repeating. We face the most dangerous threat environment since world war ii.
▶ 0:20:00Chair Wicker: Now more than ever, we need patriots willing to step up and serve our nation and in that spirit I welcome the two who are appearing before this committee today. Now let's see.
▶ 0:20:17Chair Wicker: Last year, congress provided $10 billion to the department of homeland security, funds specifically meant to reimburse dod for its support in border operations, money appropriated to homeland security department. I'm disappointed to hear dhs has delayed implementing this agreement. I look forward to hearing how Mr. lipson -- Mr.
▶ 0:20:40Chair Wicker: Ditlevson plans to make sure this funding is allocated. If confirmed Mr. ditlevson would serve as the civilian head for countering small drones over the homeland. Congress has been aggressive in this area and for good reason. We want to see dramatic improvement in the way executive branch agencies coordinate on the drone efforts. Mr.
▶ 0:21:09Chair Wicker: Brian birdwell has been nominated to serve as assistant secretary of defense for sustainment. If confirmed, he will be responsible for ensuring our ships sail, our aircraft fly, our vehicles move, and our forces remain supplied in peacetime and conflict. Our war fighters depend on these capabilities. They rely on congress and the department to give them what they need to deter our adversaries and defend their fellow americans.
▶ 0:21:38Chair Wicker: Our ability to do so is under massive strain. Fragile supply chains, skyrocketing global demand for musicians -- munitions and logistics threaten the readiness of our military. The committee is aware of the challenges involved in maintaining our forces. We must modernize our industrial base, restore depleted stockpiles, improve installation resilience, and ensure accountability across the enterprise.
▶ 0:22:07Chair Wicker: I look forward to hearing how Mr. birdwell attends to approach these challenges in particular and how he intends to work with congress, as I'm sure he will come in to ensure the department remains prepared to sustain the force in any theater. With that, I turn to ranking member read. You are recognized.
▶ 0:22:28Sen. Reed: Thank you and good morning to our witnesses and congratulations on your nominations. I would also like to welcome you and your families to the hearing. Mr. ditlevson, you are nominated to be assistant secretary of homeland defense and american security affairs. You served in this position in an acting capacity and principal deputy roll over the past year.
▶ 0:22:52Sen. Reed: Today the committee will consider your appliance to this position but also evaluate what you have done during your current tenure. In that respect while I appreciate and salute your past service as a naval officer I have concerns about your nomination. First, I understand you have been personally responsible for planning and implementing the administration's deployment of military forces to american cities.
▶ 0:23:19Sen. Reed: Thousands of national guard troops and active-duty personnel have been deployed to washington, D.C., los angeles, chicago, and portland. In each city, military forces were ordered to deploy over the explicit objections of governors man -- governors, mayors, and local leaders. Multiple courts have ruled against these operations and the supreme court blocked the administration from federal lysing the national guard under the statute you relied upon for the l.a.
▶ 0:23:48Sen. Reed: And chicago deployments. Mr. ditlevson, I want to know how you defend these deployments in light of the repeated court rulings. I want to know whether you have ever raised concerns with the department about the impact of these missions have on readiness, morale, and retention for the dangerous message they send to the public. Let me turn now to the situation in el paso.
▶ 0:24:13Sen. Reed: Two weeks ago, customs and border patrol under the supervision of the department of defense used a high energy laser to shoot down suspected drones at the southwest border near el paso. I understand the faa exclusively warned the department and you specifically that deploying this weapon would cause in their words a grave risk of fatalities or injuries to civilian aircraft.
▶ 0:24:37Sen. Reed: However, public reporting indicates and you confirmed in our office call that you told the faa that the department would proceed anyway. After the incident, the faa shut down the airspace over el paso, triggering immediate chaos and confusion.
▶ 0:24:55Sen. Reed: I want to know which legal authorities he relied upon to override the faa safety review and I ask that you provide this committee with the legal authorities and agreement you used to transfer this weapon to the cpb. Finally, if confirmed, you will oversee all defense and security policy to canada, mexico, central america, south america, and the caribbean.
▶ 0:25:20Sen. Reed: As you know, chairman wicker and I have directed the department to submit basic information required by law to the committee regarding the ongoing boat strike campaign in the caribbean and eastern pacific. The department has failed to submit to congress the execute orders and videos related to these operations and has refused to make public the legal justifications and intelligence underpinning the strikes.
▶ 0:25:47Sen. Reed: For this committee to perform our constitutional duty to provide advice and consent on all senate nominees, it is imperative we have access to relevant information that reflects on your suitability to serve in a senior position. Given that you are the acting secretary of defense for homeland defense and america's security affairs during the buildup of U.S.
▶ 0:26:07Sen. Reed: Military forces in the caribbean and you continue to hold that position after the department of defense launched its campaign of military strikes against alleged drug boats, I expect your commitment today to submit these legally required to documents to congress. Mr. birdwell, you are nominated to be secretary of defense for sustainment. The importance of the position cannot be overstated.
▶ 0:26:31Sen. Reed: If confirmed, you will be responsible for managing logistics, maintenance, material readiness, and strategic mobility across the department of defense to ensure that when american forces are called upon to fight they can be sustained in the field. If confirmed, your most urgent priority must be addressing contested logistics. The department has studied this problem extensively but a convincing solution has yet to be presented.
▶ 0:26:58Sen. Reed: Any potential into pacific conflict, the distance involved are staggering and vulnerabilities in supply, fuel, and transportation remain serious. I trust that your own experience in combat can lead and lend an important perspective on this issue and I look forward to hearing how you plan to address it. Additionally, sustainment has become a major problem for the department.
▶ 0:27:24Sen. Reed: Platforms like the f-35 are consuming an ever-growing share of our operational budgets and if we do not build sustainment requirements into acquisition decisions early we will keep paying for it later. I would like to understand your approach to bringing these costs under control. I would take a moment to acknowledge and thank you for your own career of service. As an army officer, you fought in desert storm and on september 11, 2001 you were in the pentagon when flight 77 struck.
▶ 0:27:56Sen. Reed: You survive burns over more than 60% of your body and were awarded one of the most respected decorations in the united states military, the purple heart, yet you still returns to public service. This committee owes the wood's deepest respect. Thank you again. To our nominees, I look forward to your testimony.
▶ 0:28:14Chair Wicker: Here here -- hear hear to that word of commendation. We are delighted to have our colleague, senator cruz, with us today. I understand you have particular insights into the qualification -- qualifications of Mr. birdwell.
▶ 0:28:36Sen. Cruz: I spent six years on this committee and I will say this is a hard-working committee of the senate and you do a tremendous job so it is an honor to be back here and it is not often that you get the opportunity to introduce an american hero. And this morning I have that privilege. I'm here to introduce my good friend and fellow texan, brian birdwell, who has been nominated by president trump to serve as assistant secretary of defense at the department of war. Brian was born in fort worth, texas.
▶ 0:29:06Sen. Cruz: He attended lamar university, where he graduated as the distinguished military graduate and later obtained his masters of public administration degree from the university of missouri kansas city. He began his career serving our nation as a commissioned field artillery officer in the united states army.
▶ 0:29:22Sen. Cruz: He had a 20 year military career and served 18 months in the republic of korea, including more than 100 40 days as a battery executive officer on the army's only active firebase near the dmz. He deployed from germany in support of operation desert shield and desert storm, earning the bronze star for his service.
▶ 0:29:45Sen. Cruz: As part of the second armored cavalry regiment battle group, his unit received the valorous unit award for his actions at the historic battle of the 73rd east. He then transferred to the quartermaster branch, serving in logistics and planning roles including on the core staff and in joint operations.
▶ 0:30:08Sen. Cruz: He deployed to central america as joint operations officer for a joint task force, leading humanitarian relief efforts across three countries after hurricane mitch. After graduating from the command and general staff college, he was assigned to the pentagon as a military aide. That is where he was on september 11, 2001.
▶ 0:30:31Sen. Cruz: While serving in the pentagon, brian was critically injured when american airlines flight 77 struck the pentagon just a few yards from his office. He suffered major wounds. He underwent 39 surgeries. Months of hospitalization. Years of recovery. As you can see today, he came through what can only be called a miraculous recovery.
▶ 0:31:04Sen. Cruz: After the 9/11 attacks, brian was awarded the purple heart and the legion of merit upon his retirement in 2004. After retiring from the military, brian and his wife -- mel is much more impressive than brian. They decided to continue serving those around them. Together, they found in face the fire ministries, supporting burn survivors and wounded service members and their families.
▶ 0:31:33Sen. Cruz: In 2010, brian was elected to the texas senate, where he has since been reelected five times with overwhelming support from his constituents. Over eight legislative sessions, he has built a record of impactful leadership, strengthening border security, expanding access to higher and technical education, supporting veterans and families, safeguarding the energy sector, and authoring the strongest border security package in texas history.
▶ 0:32:01Sen. Cruz: In 2021 during the challenges of the covid-19 pandemic, his fellow senators selected him to serve as president pro tem of the texas senate. Today he chairs the senate committee on border security and committee on natural resources while serving on mac several additional sheet -- key committees his leadership includes more than a decade of chairman of U.S. service academy nominations board. Thank you.
▶ 0:32:29Sen. Cruz: Over 13 years he has helped me select hundreds of extraordinary young men and women who have gone on to serve our military. It is a board that treats his responsibilities with great diligence, reading every single application from every texan twice and selecting amazing young men to serve our nation. He has been inducted into the united states field artillery association hall of fame and the united states martial arts hall of fame.
▶ 0:32:59Sen. Cruz: He is a proud texan and proud american, a highly decorated military veteran who has served to the state of texas. His love for god and countries evident through his continued work in public service. It will be a real loss to me to have him no longer chairing my service academy board, but my loss will be the united states' gain.
▶ 0:33:23Sen. Cruz: Brian is a man of intellect, discipline, hard work, and impeccable integrity and I'm proud to introduce him to this committee.
▶ 0:33:31Chair Wicker: Senator cruz, we will put you down as a guest on this nomination. >> do we get to examine this witness?
▶ 0:33:43Sen. Cruz: On the advice of counsel, I declined to comment.
▶ 0:33:45Chair Wicker: Mr. birdwell, you are recognized for your opening statement.
▶ 0:33:51Mr. Birdwell: Distinguished members of the committee, good morning. It is a privilege to appear before you today but since I do not appear solely on my own talents there are numerous people I must thank. First, my lord and savior jesus christ, who has given me my life three times. To my wife, who has encouraged and on occasion or two drag me through the challenges of life and career.
▶ 0:34:17Mr. Birdwell: My son matt for being the best legacy I could have. President trump for the nomination and his trust to work the sustainment portfolio for the department under his strategic vision went to secretary hegseth for his warrior focus and under secretary duffy for his trust and confidence as well.
▶ 0:34:38Mr. Birdwell: To the many officers and soldiers whom I have served, for the professionalism they have imparted to me, to my fellow state senators of texas and staff that have supported me, my friend and presiding officer the lieutenant governor, the lessons of our nearly 16 years together have prepared me for this opportunity. Finally, let me think my friend senator cruz for his gracious introduction and friendship over the past decade plus.
▶ 0:35:04Mr. Birdwell: I arrive before you today with the experience to bring my potential duties if confirmed. I have served in the dmz in korea, stateside in troop units with numerous training rotations across our training centers, in germany during a time of dynamic change after the berlin wall came down, in the first gulf war , combat of element positions at the tactical level of acquisition process at the midcareer schoolhouse in fort
▶ 0:35:34Mr. Birdwell: Leavenworth, on staff as the core logistics planner working with allied countries in and around the pacific rim, the operations officer for humanitarian relief operations across three countries, and finally on the army staff just before and in the aftermath of the september 11 attack. In my 20 years of experience begetting over 40 years ago, there is a bit of mold on the shelf life of that experience. There is no mold on my heart is a war fighter who has served and loves his country.
▶ 0:36:04Mr. Birdwell: And proudly wears the scars of that love and service. I wish to use my experience to support president trump's mission of peace through strength and the best way to do that is to keep the peace by being prepared for war. If confirmed, three things will animate -- my return to federal service. First mission first and people always. As secretary hegseth has said, are critical -- our people are critical to meeting the challenges set before us.
▶ 0:36:33Mr. Birdwell: The people who manage our supply chains are as critical to success as what they manage. Second, bring a war fighter perspective to the sustainment portfolio. One who has been on the ground in four of our commands and understands the sense of urgency that secretary hegseth has expressed in his message.
▶ 0:36:53Mr. Birdwell: Third, with my military experience and nearly 16 years of legislative experience in coalition building and collaboration, I commit to working with partners across the office of the secretary, the department, the joint staff, combat commanders, organic industrial base, and exterior department to collaborate with allies and partners to build deterrence.
▶ 0:37:15Mr. Birdwell: I will work tirelessly to apply these perspectives to prioritize limited resources to enhance the war fighting capacity and lethality that will deter and if called upon defeat our enemies. Finally, if confirmed, I will work with the committee and congress to provide armed forces with the capabilities needed to defend and protect our national security here and abroad. Thank you, Mr. chairman, Mr. ranking member, and members.
▶ 0:37:44Chair Wicker: Thank you. We appreciate that testimony. Mr. ditlevson, you are now recognized.
▶ 0:37:51Mr. Ditlevson: Good morning, distinguished members of the committee. Thank you for the opportunity to appear before you as president trump's nominee of assistant secretary of war in american security affairs. I like to thank my family for being here, especially my wife. Her love and support on the foundation of everything I do.
▶ 0:38:15Mr. Ditlevson: My entire adult life has been a commitment to serving this great nation come a calling that began on september 11, 2000 one. The tragic attacks of that day profoundly impacted my life and they shaped my understanding of what it means to defend the homeland. I have always believed that meaningful service is found in confronting the most difficult challenges and I have deliberately sought out to roles in my life.
▶ 0:38:41Mr. Ditlevson: After the attacks of september 11 I decided to apply to the united states naval academy with the goal of becoming a military officer. After witnessing the horrific effects of improvised explosive device is in iraq and afghanistan, I decided to select the explosive ordinance disposal as my occupation with the goal of saving american lives.
▶ 0:39:03Mr. Ditlevson: Now, with the many threats facing our nation, I'm seeking confirmation to lead one of the department's most challenging portfolios, the prospect of serving as an's assistant secretary to president trump second term would be the highest honor of my professional life and an opportunity to continue advancing the president's vision for a strong and secure america. I'm grateful for the trust president trump and secretary hegseth have placed in me.
▶ 0:39:31Mr. Ditlevson: This administration has a clear and decisive vision for the defense of our nation, a vision laid out in our core strategic documents. Our approach is one of hard-nosed realism, grounded in deterrence, focus on securing our homeland by bolstering security, dismantling narco terrorist networks, deterring adversary threats, and restoring law and order in our cities. The 2026 national defense strategy establishes an undeniable truth.
▶ 0:40:02Mr. Ditlevson: A secure and sovereign homeland is the absolute prerequisite for projecting american power globally and deterring our adversaries. This is not a choice between domestic security and foreign policy. One enables the other. We will defend the united states and ensure the western hemisphere remains a bastion of civility. This mission is fundamental to the safety and security of the american people. If confirmed, I pledge to continue this work with the urgency and seriousness it demands.
▶ 0:40:35Mr. Ditlevson: Mr. chairman, Mr. ranking member, members of the committee, the threats facing our nation are complex and demand a determined response. If confirmed, I pledge to work tirelessly to execute this vision of a secure homeland and a stable hemisphere. I understand the critical statutory requirement to consult with this committee and pledged to maintain and -- an open and honest relationship with you. Thank you for this opportunity. I look forward to answering your questions today.
▶ 0:41:03Chair Wicker: I will now ask a series of standard questions this committee poses to all civilian nominees. You can just answer simultaneously yes or no. Have you adhere to applicable laws and regulations governing conflict of interest?
▶ 0:41:21Mr. Ditlevson: Yes.
▶ 0:41:24Mr. Birdwell: >> yes. >>have you assumed duties or taken actions that would appear to presume the outcome of the confirmation process? >> no.
▶ 0:41:35Chair Wicker: Exercising our legislative and oversight responsibilities makes an important this committee and other appropriate committees of congress receive testimony, briefings, reports, and other information from the executive branch on a timely basis. Do you agree if confirmed to appear and testify before this committee when requested? >> yes.
▶ 0:41:56Chair Wicker: Do you agree to provide records, documents, and electronic communications in a timely manner when requested by this committee or other appropriate committees of congress and to consult with the requester regarding the basis for good faith delay or denial and providing such records? >> chair wicker: yes.
▶ 0:42:19Chair Wicker: Will you ensure your staff complies with deadlines established by this committee for the production of reports, records, and other information, including responding to hearing questions for the record? >> yes.
▶ 0:42:31Chair Wicker: There may be questions for the record after the conclusion of this hearing. Will you cooperate in providing witnesses and prefers in response to congressional requests? Will those witnesses be protected from reprisal for their testimony or briefings? >> yes.
▶ 0:42:48Chair Wicker: We will not begin a round of questions. Five minutes for each senator on the initial round. Let me begin with a quick yes or no and I will ask you first, senator birdwell.
▶ 0:43:04Chair Wicker: Much of the funding in the defense reconciliation bill passed last year and signed by the president is unspecific and will technically be at the discretion of the department of defense and the office of management and budget, though we have provided detailed instructions for its use. A quick yes or no. Do you commit to follow congress's spending recommendations in defense reconciliation unequivocally?
▶ 0:43:28Mr. Birdwell: Yes.
▶ 0:43:30Mr. Ditlevson: Yes.
▶ 0:43:31Chair Wicker: Let me begin my questions with you, Mr. ditlevson. I will read my question because I want -- because I choose -- I have chosen my words and they need to be understood precisely. Across administrations, the pentagon has conducted border operations in support of the department of homeland security without being reimbursed.
▶ 0:44:02Chair Wicker: This has been a frustration for this committee and in last year's reconciliation bill a few of us worked to put a $10 billion pot of money at dhs that was expressly to be used for this purpose. Of course it was done by majority vote in both houses and signed by the president of the united states.
▶ 0:44:26Chair Wicker: I understand dhs reimbursed nothing in fy 25 and only 180 million dollars in fy 26. That seems low. To her knowledge, does -- are those numbers correct?
▶ 0:44:46Mr. Ditlevson: To the best of my knowledge.
▶ 0:44:50Chair Wicker: The $10 billion, not 180 million $10 billion was calculated to cover four years of border operations. I'm afraid we are going to lose this money for our national security. It is my understanding dhs has had the pentagon must continue to pay for border operations in this so-called national defense areas. Which will probably average at least $1 billion per year. Mr.
▶ 0:45:19Chair Wicker: Ditlevson, is my understanding correct and if so how does this make any sense in light of the explicit statutory language?
▶ 0:45:32Mr. Ditlevson: Mr. chairman, I would like to start by saying first thank you to congress for passing this historic legislation and making the investment in protecting our borders. You've identified something new, a historic change in how we work
▶ 0:45:50With The Department Of: Security , working in a reimbursable status and so we have worked through the administrative framework to be able to set up a reimbursement mechanism and process with the department of homeland security that has been recently signed out by the secretary of homeland security and our secretary hegseth at the department of war so we look forward to the implementing of the framework and we expect reimbursement will begin to start flowing in earnest in
▶ 0:46:21With The Department Of: March and april of this year but we had to work through the administrative requirements first.
▶ 0:46:25Chair Wicker: So that can begin in earnest a week from now? March?
▶ 0:46:33Mr. Ditlevson: That's correct, Mr. chairman. We are working through that now.
▶ 0:46:39Chair Wicker: If we do not execute this money, there is a real chance it will expire. Is that your understanding?
▶ 0:46:49Mr. Ditlevson: Yes, Mr. chairman. You have my commitment if confirmed I will make sure to tirelessly go after this and make sure this money is spent properly and that reimbursement flows properly to the department.
▶ 0:47:01Chair Wicker: Let's talk about small drones and the reconciliation law. We included a total of 1.37 9 billion over 1.3 billion to help address the threat of drone incursions. Across our border. This is an area that impacts the border mission and requires great attention.
▶ 0:47:27Chair Wicker: We are excited to work with the administration to get these capabilities fielded and in place. The spend plan was sent to congress only the past week and provided very little detail so who in the department owns the plan for this counter drone program and how soon can we expect specific details to be provided to the department and the pentagon?
▶ 0:47:59Mr. Ditlevson: I'm happy to cover this topic because uis threats are a new, emerging threat factor we need to get after as quickly as possible in the department. We are appreciative of the funding for those particular efforts. In the department, brigadier general ross is leading that, responsible for executing that's been planned and would have the details of how it is being spent in the department.
▶ 0:48:26Mr. Ditlevson: We look at him as a maestro over the military services in the department. He organizes that and make sure it is spent properly. If confirmed, I'm happy to make sure those records are available to the committee.
▶ 0:48:44Chair Wicker: Thank you both for your testimony. Senator reed, you are recognized.
▶ 0:48:50Sen. Reed: Mr. ditlevson, in response to request for assistance the department of defense approved the use of texas for transportation, detention, and removal of aircraft -- immigrants on military aircraft. The -- fort bliss is operational and expanding to accept 10,000 personnel.
▶ 0:49:15Sen. Reed: There have been more than 3000 immigrants detained at fort bliss at a time. The construction of fort bliss detention facility was 100% funded by dod at the cost of approximately $365 million, another debt that dhs owes to the department of defense.
▶ 0:49:39Sen. Reed: But of troubling concern to me is since it opened in august when he 25 multiple reports of abuse have been filed, including three deaths, one of which was ruled a homicide and is being investigated as a murder of an individual by a guard. It is the army independently investigating these at fort bliss, and particular the alleged murder?
▶ 0:50:05Mr. Ditlevson: Thank you for the chance to speak with you in an office call about these serious allegations and what has occurred at the fort bliss facility. I was able to look into this and get information and come back with you and I want to say that if confirmed this is the type of working relationship I'm committed to coming to take feedback from this committee from members here and come back with answers in a transparent and open way.
▶ 0:50:30Mr. Ditlevson: Those three deaths, one was due to an accidental death to do with the construction of the facility at the beginning. We did an investigation into that. We have not been able to get access to the report but I defer to the department of army for findings related to that death.
▶ 0:50:48Mr. Ditlevson: For the other two instances, the army did investigate in one case with the investigation is ongoing and had to do with an illegal alien detained in the facility and the second death, the allegation of homicide, that one is with the federal bureau of investigation being investigated now so I defer to the department of justice and apartment of army in those cases.
▶ 0:51:11Sen. Reed: Thank you. I appreciate your response to our meeting very much. As we all know, on wednesday, february 11, 2026 the announced it was closing the el paso airspace for 10 days following the deployment of one of dod's high-energy lasers by the customs and border patrol along the border with mexico.
▶ 0:51:38Sen. Reed: Public reporting on this instance revealed the department of defense was in the process of coordinating use of this high-energy laser to counter ua as aircraft but had not completed the coordination process with the federal aviation administration and transportation department.
▶ 0:51:58Sen. Reed: The faa expressed concerns that the use of the laser could pose a grave risk of fatalities or injuries to americans traveling through the airspace. In january the secretary of defense approved the request to allow customs and border protection to use the anti-drone laser.
▶ 0:52:19Sen. Reed: Public reporting also revealed that around the same time you and capacity as the principal deputy assistant secretary of defense notified the faa chief counsel of dod's intent to operationalize the laser, telling the faa you knew the faa was still conducting review of the weapon. The rest is obvious.
▶ 0:52:45Sen. Reed: The question is, why did you not conclude the requirements to coordinate with the faa before authorizing the use of the weapon system?
▶ 0:52:58Mr. Ditlevson: Thank you for the chance to address this particular area because it is complex with different statues involved and protection. I would like to say the department of war always cares about safety and we want to defend this country and defend americans. We do not want to do anything to be unsafe that would affect american lives.
▶ 0:53:19Mr. Ditlevson: The second is as far as coordination requirements in this situation, the national defense area under which fort bliss is covered had section 130 I authorities and I would like to commend this body for expanding 130 I authorities for the department and for the counteract.
▶ 0:53:45Mr. Ditlevson: In this situation, the statutorily requirement is to coordinate with the faa. It does not require approval from the faa, but I can assure you this system is incredibly safe. We have coordinated with the faa for over 14 months, sharing technical data and having our scientists working with air so they know the safety level of the system and we continue to work together.
▶ 0:54:12Mr. Ditlevson: If confirmed, you have my commitment will continue having this great relationship with our counterparts at the faa to ensure our systems that are employed are safe.
▶ 0:54:21Sen. Reed: Quickly, the coordination failed. When the faa order airspace closed, particularly critical airspace like el paso, something is wrong. Somebody made a mistake. It may be the faa, but I think is critical to recognize there was a failure of coordination and successful coordination required by the statute.
▶ 0:54:50Chair Wicker: Senator fischer.
▶ 0:54:53Sen. Fischer: Thank you to both our gentlemen before the panel and to your families for your service and continued service to this country. I'm going to follow up current Mr. ditlevson, with the ranking member's question. He said it was a failure, the coordination that we saw on the closing of the airspace at el paso, texas. Do you think it was a failure?
▶ 0:55:21Sen. Fischer: If you do, or even if you do not, tell me what you would do to ensure that the department is going to work with federal and state partners on the counter drone situations that we have?
▶ 0:55:40Mr. Ditlevson: Thank you. I would agree with the premise that this was not a failure, that we have coordinated well with the faa, but novel technologies always require new testing. This is something that the faa has overseen before and something new at the department that we have utilized overseas but it is a new thing here in the united states as we defend the southwest border and employ technologies to protect our citizens. We need to work through these requirements with the faa.
▶ 0:56:10Mr. Ditlevson: We have made sure to coordinate. We had a lot of emails back and forth, telephone conversations, meetings in person with the faa to make sure we were doing this correctly. It is the technical ua as lead and we are confident this will not be a problem. We will -- I defer to the faa on the judgment decision to put up a flight restriction but we feel we have been incredibly safe.
▶ 0:56:52Sen. Fischer: One challenge we have seen facing military installations, including in the united states, is the incursion of drones. Into that airspace. How would you work with services to develop and share best practices and solutions for the uis -- you a s -- uas and?
▶ 0:57:11Mr. Ditlevson: In the department until this point we have done our best to streamline guidance and authorities for the war fighter so they are not confused or have a potential situation where they are paralyzed because they do not know what authorities they have. We have decrease the overall field manuals and technical guidance to commanders from regulation -- 150 pages regulation down to 20 and we are working toward getting less.
▶ 0:57:42Mr. Ditlevson: I have to commend the committee because the expansion of 130i authorities has made it clear to our troops that they have the ability to defend themselves and they know what to do when a drone threat comes over their installation or unit. Thank you to the committee for that work. If confirmed, I will continue to make sure our processes and procedures are streamlined from a policy perspective and we will continue to work closely with the technical implementers.
▶ 0:58:25I Sen. Fischer: Thank you for your service and the sacrifices you have made for this country. I'm concerned the department has a long way to go to prepare to operate in and test environments particularly with respect to contested logistics and more complex sustainment plans. How would you work to reduce logistic vulnerabilities for these contested environments? We need your mic. . Thank >> >> you.
▶ 0:58:56I Sen. Fischer: Is a center of gravity mission for the department. Our enemies learned a long time ago to never let the united states get into the theater unopposed. We have to make sure we can counterbalance that. I think we do that by sustaining forward, as far forward at the point to support the war fighter, whether through sealift, airlift, those things that make us have the ability to support the war fighter as close
▶ 0:59:26I Sen. Fischer: To the point of need as possible. I would work with the counterparts, particularly the theater commanders because they are the ones that are going to identify the needs we are there to support so I look forward to working with my partners if confirmed through the department to ensure war fighters are so focused on required.
▶ 0:59:52Chair Wicker: Senator peters.
▶ 0:59:57Sen. Peters: Thank you, Mr. chairman. Mr. ditlevson, as ranking member of the homeland security and governmental affairs committee, I released a report that found there were no clear metrics of success for the continued deployment of the national guard in the district of columbia. U.S. taxpayers are paying $1.65 million per day, there seems to be no end date for this deployment.
▶ 1:00:26Sen. Peters: When my staff asked the head of the D.C. national guard for those metrics of success, he said it was up to political leadership, you, but that he was driving toward zero crime and zero drug overdoses. It is ambitious, but people might argue zero crime and zero overdoses is unrealistic.
▶ 1:00:52Sen. Peters: What metrics do you believe will prove the deployment -- when we say it is a success and we no longer -- and we can take them off the street?
▶ 1:01:06Mr. Ditlevson: Thank you for the ability to address the deployment washington, D.C. we have seen crime rates plummet and I have to echo the president looking at overall homicide numbers in the district. These are incredible results we have had as crime continues to go down and down. At the department, we are analyzing and making sure we tailor our responses to the facts on the ground and how things change.
▶ 1:01:35Mr. Ditlevson: In the case of D.C., we look forward to the D.C. metropolitan police department being able to get back on their feet and take back the streets from criminals and make them secure for all americans and visitors to our nation's capital. As the metropolitan pd can take over the mission, we expect we can tailor off those numbers but we always have to make sure we are being aware and cognizant of the threat and looking at what we can do to make our streets safe and secure.
▶ 1:02:04Sen. Peters: If confirmed, I would like to have you look at the report we put out. Crime rates were going down before the national guard deployment. There have been steady -- they have been steady since that time, so taking credit for what occurred prior to the D.C. national guard coming in is not realistic and those numbers are outlined and I have had that discussion with you if confirmed.
▶ 1:02:28Sen. Peters: If we look to the success and metrics, it was repairing fences and picking up trash and things of that nature which had nothing to do with public safety and it took out of the D.C. police department some police officers who are also part of the national guard and took them off their patrols and put them on to beautification projects which seems to be counterproductive particularly for that kind of money. We will continue to have those conversations.
▶ 1:02:56Sen. Peters: Second, if you're confirmed, under what circumstances would you support sending troops into states in advance of an election?
▶ 1:03:05Mr. Ditlevson: Senator, for any situation where we would be utilizing national guard, the first objective is always to make sure people are safe and secure. The premise of the question -- I cannot really speculate on why that would ever have to occur, but I would say if there is a security threat or something of that nature in a city, this is why we have national guard able to deploy to defend our people against threats so I cannot speculate as to that situation
▶ 1:03:35Mr. Ditlevson: But if there was a threat in this country of course we would want to make sure our people are safe.
▶ 1:03:40Sen. Peters: Are you familiar with the U.S. code and what it says about this?
▶ 1:03:45Mr. Ditlevson: I believe you are referring to deployment of troops around polling places. I'm aware of that particular statute.
▶ 1:03:53Sen. Peters: 's over folks for the committee, it is section 592. It prohibits deployment of any troops and says, at any place where a general or special election is held unless such force is necessary to repel armed enemies of the united states. I want to ask you again, and what instance would you support sending troops in advance of elections? This says armed enemies of the united states. How would you define that?
▶ 1:04:22Mr. Ditlevson: I appreciate the concern and I would point to a past president in a lot of cases. During the covid pandemic we did have to utilize national guard to assist with logistics around these things.
▶ 1:04:36Mr. Ditlevson: We do a lot of logistic support in certain situations and that will be a situation that will not qualify and I want you to know if confirmed I commit to following or making sure that we analyze and provide the best recommendation to the secretary and talk to the office of general counsel to make sure everything we are doing is legal and lawful before that advice gets to the secretary. I can make that commitment to you. If confirmed, I look forward to working with you on this issue.
▶ 1:05:04Sen. Peters: Would you agree this is a high bar to meet?
▶ 1:05:08Mr. Ditlevson: I would agree. It is an extremely high bar that is why we will provide the most robust analysis and best advice to the secretary on this issue.
▶ 1:05:16Chair Wicker: Thank you, senator peters. Senator rounds.
▶ 1:05:22Sen. Rounds: First, thank you for your service to our country. Mr. ditlevson, I have heard from 58 senior department officials that vacating the 3.1 to 3.45 gigahertz and the 7.4 to 8.4 gigahertz bands of the electromagnetic spectrum for sharing of them in a sub optimal manner would degrade or disrupt our critical national security systems operating on those
▶ 1:05:52Sen. Rounds: Bands. Our homeland defense missions rely on systems operating on those bands. We know that china would love to have us inundate that part of the band with commercial operations. We know they have been working on that for a number of years and continue to work on that on an international scale.
▶ 1:06:15Sen. Rounds: If confirmed, will you defend an advocate for defense spectrum allocations that protect our homeland and if confirmed will you push back on foreign influence campaigns in the americas that are targeting our U.S. spectrum allocations?
▶ 1:06:34Mr. Ditlevson: Thank you for your work on this issue and I appreciated our office call where we were able to go over this in depth. We presented to me for information and findings, I went back to the department and tried to pull additional reports to see what is out there. You are right.
▶ 1:06:51Mr. Ditlevson: It is very concerning, senator, so you have my commitment if confirmed I will make sure to provide the most robust analysis that is reflective of this potential danger to the spectrum and provide that to senior decision-makers for them to understand exactly what the pros and cons are of giving away or using spectrum in a different way than for the military.
▶ 1:07:13Sen. Rounds: I know one part of our laws most recently done in the reconciliation act, we made it clear that the operations within those spectrums would be for dod purposes, but I do think there is one area I would draw attention to, that there may be attempts to take other governmental operations, nasa and others, and to move those portions of their electronic spectrum that is currently outside those areas and to push
▶ 1:07:45Sen. Rounds: Those into the areas we currently use for military operations, thus creating more space outside for commercial operations. I draw your attention to it because what it would do would be to continue to compress the availability of that part of the spectrum for some very specific needs we have in the department today. Mr.
▶ 1:08:08Sen. Rounds: Birdwell, in my office we discussed an additive repair technology cold cold spray which multiple military services are using today to get equipment up and running in days or weeks rather than months while waiting on back ordered parts. It is basically 3d printing.
▶ 1:08:26Sen. Rounds: The service has had varying levels of interest and commitment to employing these technologies but has proven successful and effective at saving costs and time everywhere it has been adopted in they technologies being used and is critical to supporting forward deployed forces operating in a contested environment.
▶ 1:08:48Sen. Rounds: If confirmed, will you commit to thoroughly exploring how the department can more broadly adopt cold spray technology and normalize its use as part of our sustainment plans? Do you want to turn your microphone up?
▶ 1:09:01Chair Wicker: You can move the microphone closer.
▶ 1:09:04Mr. Birdwell: Thank you, senator, for the opportunity to visit with you. Any opportunity across the services that allows the war fighter to be more properly sustained or more rapidly sustained I will be pleased to work with you and the committee on any particular technology that increases the war fighting capability of our servicemen.
▶ 1:09:26Sen. Rounds: Three years ago, the department of defense estimated the inability to detect and isolate electronic faults resulted in over 383,000 non-mission capable days each year and over 5.5 billion dollars in non-value added sustainment costs.
▶ 1:09:47Sen. Rounds: In response to this challenge, the office of the secretary of defense proposed funding for the purchase of a readily available, effective, and proven technology to address this issue. The senate armed services committee supports this technology and the fiscal year 2024 defense appropriations included $35.2 million for it.
▶ 1:10:12Sen. Rounds: My concern is that under the previous administration the army has instead of acquiring this readily available and cost-effective technology, despite his powerful support from the department and -- decided to continue to only study the issue. The navy has resisted acquisition of the technology. If confirmed, would you commit to working toward resolution of
▶ 1:10:38This Issue Mr. Birdwell: ? I commit to working toward that resolution if confirmed.
▶ 1:10:44Chair Wicker: Senator birdwell, is there really anything to this cold spray idea? Do you think it is actually practicable?
▶ 1:10:58Mr. Birdwell: A 3d printing opportunity to mature our industrial base internally and domestically for 3d printing that can sustain the war fighter overseas is something we ought to explore. To the particulars of that technology, I do not have the granularity that you seek.
▶ 1:11:22Mr. Birdwell: I think any opportunity to support the war fighter's greater speed, accuracy at point of need is always something to explore.
▶ 1:11:30Chair Wicker: If you could supplement your answer on the record, that might be helpful. Senator warren, I believe you are yielding back your time. Is that correct?
▶ 1:11:48Sen. Warren: Nice try. Service members enlisted to protect our country from foreign adversaries but president trump seems hell-bent on deploying our troops to american streets and against our own neighbors. This is dangerous for our communities and our democracy and it is costly for the dod and our service members as well.
▶ 1:12:17Sen. Warren: According to the congressional budget office, trump is already spent half $1 billion and my investigation found dod spent over $2 billion in taxpayer money on immigration enforcement in 2025.
▶ 1:12:36Sen. Warren: That is money coming straight from the military budget for things like repairing military barracks, training soldiers, repairing schools for servicemember children. D.o.t. Took that money from service members even though the agency that is responsible for immigration enforcement, I.c.e., is swimming in a budget that is bigger than most other countries's entire military budget. Mr.
▶ 1:13:04Sen. Warren: Ditlevson, you are nominated to be the assistant secretary of defense for homeland defense. And america's security affairs in your serving as deputy in that office now. How much of the $2 billion do you expect to get back from dhs?
▶ 1:13:22Mr. Ditlevson: I appreciate your concern on this issue.
▶ 1:13:25Sen. Warren: How much do you expect to get back?
▶ 1:13:28Mr. Ditlevson: At the beginning of this fiscal year, the secretary worked out a policy issue saying that all support was on a reimbursable basis. That is what we prepare up to the secretary.
▶ 1:13:44Sen. Warren: So you expect to get it all back?
▶ 1:13:47Mr. Ditlevson: Everything is on a reimbursable basis so we expect to chase that down.
▶ 1:13:52Sen. Warren: I have to question your everything. D.o.t. And dhs have no reimbursement agreement in place for fy 2025. So it appears dod will not get back the billions of dollars and handed over to I.c.e. That year. Money meant to fix barracks with sewage overflows is just gone.
▶ 1:14:14Sen. Warren: In december, when asked about domestic deployments, you told this committee, I can say without a shadow of a doubt this is not having a negative effect on the military readiness or budget but an internal national guard -- an internal study of the national guard of the deployment in D.C.
▶ 1:14:36Sen. Warren: Noted, fatigue, confusion, and demoralization, a wedge between a wedge between citizens and the military. This is, "not what I signed up to do," and they feel ashamed to wear the uniform and that they plan to quit step -- quit.
▶ 1:15:02Sen. Warren: Mr ditlevson, do you think that the point military in american cities has no negative effect on readiness?
▶ 1:15:11Mr Ditlevson: Senator, I'm unfamiliar with the report but I will take that back with me and dig into it and if confirmed, I absolutely will be looking at this seriously. We want to make sure our support is appropriate.
▶ 1:15:25Sen. Warren: You have not heard any of this in your role? You have been sitting in the office every day since the deployment. You have not heard any of this?
▶ 1:15:37Mr. Ditlevson: I have not heard feedback like that. I work with the chief of the national guard bureau and he has not expressed concern over deployments to washington, D.C.
▶ 1:15:49Sen. Warren: That is your only source of information?
▶ 1:15:51Mr. Ditlevson: He's the person I engage with most.
▶ 1:15:54Sen. Warren: You might want to widen your aperture for getting information here. The stakes are high and I fear they are only going to get higher. President trump recently said he should have used troops to seize ballot boxes and 2020. Many americans worry he will deploy the military to intimidate voters this fall. Mr. ditlevson, is it appropriate to station troops next to polling stations?
▶ 1:16:25Mr. Ditlevson: Senator, I'm aware of the statute that governs the deployment of troops next to polling stations. I want to emphasize our focus is always to protect american citizens. For any deployment of the national guard, no matter what that may be, that's always going to be our number one objective, to make sure people are safe and secure.
▶ 1:16:45Sen. Warren: You were nominated and I'm asking if it's appropriate to station troops next to polling stations. A simple yes or no.
▶ 1:16:58Mr. Ditlevson: Senator, it is speculative. I don't want to speak about what threat levels may exist during an election cycle.
▶ 1:17:05Sen. Warren: I have to say if you are not willing just to say no, it is not appropriate, I have real concerns about you in this job. Thank you, Mr. chairman.
▶ 1:17:16Chair Wicker: Under the statute would that be your call, Mr. ditlevson?
▶ 1:17:21Mr. Ditlevson: We would provide policy advice after speaking with the national guard bureau and the joint staff looking at the threats in the united states. Of course, going to the office of general counsel to ensure anything we provide to the secretary is lawful. We will make sure that the office of general counsel is heavily involved and they are there every step of the way.
▶ 1:17:43Chair Wicker: It would not be recalled though?
▶ 1:17:52Mr. Ditlevson: It would go up to the secretary and he would be advised by legal counsel on what he can do lawfully.
▶ 1:17:54Chair Wicker: Senator sheehy.
▶ 1:17:58Sen. Sheehy: Mr. ditlevson, are you familiar with the sunni insurgents did in 2010?
▶ 1:18:11Mr. Ditlevson: I am familiar with that.
▶ 1:18:21Sen. Sheehy: What did they do? They blew them up and killed hundreds of people in the point was to suppress voter turnout because they did not want a democratically elected government.
▶ 1:18:35Sen. Sheehy: I was there as part of the task force and I was carrying around a gallon-sized ziploc bag of fingers and eyeballs and ears to conduct biological analysis to figure out who was killed in these explosions because they were so detrimental and you have hundreds packed into a small place. To your point, your highest calling is to protect the american people with the national guard, with other forces.
▶ 1:19:02Sen. Sheehy: If there is direct terrorist threats against a polling station, do you think it's appropriate to use all resources available to protect our citizens?
▶ 1:19:10Mr. Ditlevson: That is absolutely right. We should do everything to protect american citizens. Mr. birdwell, senator warren and I disagree on polling stations but we do agree on right to repair. How we buy military platforms and support and sustain those is focused on low quantity, exquisite quality. That is fantastic in some cases.
▶ 1:19:33Mr. Ditlevson: It is coming back to bite us in the ass because we don't have enough bullets, planes, missiles to fight a large-scale war, especially one against a country that manufactures ships 230 times faster than we do.
▶ 1:19:47Mr. Ditlevson: How do you intend to reform our sustainment infrastructure so we can rapidly acquire parts at scale on an affordable basis so when are exquisite systems become outnumbered 50:1 we can quickly and affordably replace those platforms?
▶ 1:20:10Sen. Birdwell: You identified the daunting task ahead of the department. There are a number of places I believe the department if confirmed I will be able to participate with partners across the spectrum of the department and services. Everything from championing the organizational industrial base.
▶ 1:20:37Sen. Birdwell: It has had a significant amount of neglect that he needs to champion the cross each of the respective services. All those need to be advanced. Personnel in the organizational industrial base also needs to be supported.
▶ 1:20:53Sen. Birdwell: Whether that is workforce development, physical plant development, and then contested logistics is a center of gravity mission as well to support forward, ensuring the theater commanders have what they need, that we are customer from the to the theater commanders, and then make sure I would say military sealift and air force lift.
▶ 1:21:18Sen. Birdwell: Because of the tyranny of distance of the pacific but anywhere else in the world, if other hotspots pop up, to make sure we have that capacity to move what needs to be moved and the capacity to build and develop a needs to be developed so not only in the industrial base but also in the organic base and work with my counterparts in acquisition and industrial policy base to ensure the commercial base is as robust and revitalized as the president said he would like it to be.
▶ 1:21:50Sen. Sheehy: Have you explored the concept of changing our treatment of the leasing of both infrastructure and platforms as an option to expand our portfolio such as leasing sealift ships and base infrastructure so we can bring private capital to bear?
▶ 1:22:10Sen. Birdwell: I have looked at some knowledge on the fact the navy is renting some vessels. My assessment of that is I think it is a patch. Wanting more domestic production so it is a patch and a temporary circumstance waiting for a better solution of a more robust industrial base, whether it is shipyards up in new england, the gulf coast, where it may be to have a more robust internal domestic capability so they don't have to go to the dispatch
▶ 1:22:40Sen. Birdwell: Operations. -- to do those patch operations. The immediacy of the need is what the services are doing. We want to get beyond that.
▶ 1:22:51Sen. Sheehy: I think you will find this committee has empowered the department -- they have been great at empowering this committee and your department to think outside the box. We can't talk about fixing our acquisition supply chain on an industrial base. We talked about 5%, 10%, 20% changes.
▶ 1:23:15Sen. Sheehy: We need to have radical discussions about how to see order of magnitude changes when it comes to sustainment, acquisition perform and platform percussion -- production and sustainment. I think I can speak for most of the committee that you have our support to consider any and all options to prepare for the next fight that we hope never comes but probably is. Thank you.
▶ 1:23:36Chair Wicker: Well said, senator sheehy. Senator king.
▶ 1:23:45Sen. King: I want to emphasize the comments. It disturbs me when you talk about exploring 3d printing. 3d printing is here. Not having a 3d printer on a ship is like not having a screwdriver these days. We have the world's largest 3d printer at the university of maine. Two years ago they printed a house so I think we can print parts. You should talk to at the procurement people.
▶ 1:24:12Sen. King: We should be buying the ip with every platform so we don't have to go back to the manufacturer for particular part. Clearly there are limitations but this should be accelerated, not explored. I hope you will take that back to the department. We are woefully slow on right to repair and keeping an exquisite weapon does not work if it does not work in the field. It is not serving its function.
▶ 1:24:44Sen. King: We have got to really work on that. I appreciate your emphasis on I hope you will follow up with senator birdwell.
▶ 1:24:55Sen. Birdwell: Do I need to wait for the church? -- the chair? Let me respond if I may. You are right on the right to repair. It is an area where we have got to do a very good job to make sure we have got the necessary --
▶ 1:25:12Sen. King: Away better job.
▶ 1:25:14Sen. Birdwell: 3d printing is here, you are correct. We want to do right to repair. Particularly because we want to repair in theater, closest to the point of need, and certainly as new acquisition comes on board having the ability to have --
▶ 1:25:36Sen. King: I appreciate that. Mr. ditlevson, were you involved in the boat strikes in the caribbean? For you and -- were you in the chain of command of that discussion?
▶ 1:25:53Mr. Ditlevson: In my capacity as the deputy I work on the policy around that but the particular preparation of the strikes is primarily --
▶ 1:25:58Sen. King: You are not helping make those decisions about the strikes?
▶ 1:26:05Mr. Ditlevson: The special operations operations, low intensity conflict office he had a joint staff.
▶ 1:26:10Sen. King: Have you seen the second video from september 2?
▶ 1:26:13Mr. Ditlevson: Yes I have.
▶ 1:26:18Sen. King: What possible justification is there for the classification of that video where the first video 45 minutes earlier was on fox news the next day along with the secretary? Why is the second video classified? I have seen it and I don't understand why the american public is being denied the opportunity to see it. What is the justification for its classification?
▶ 1:26:40Mr. Ditlevson: I appreciate the concern on the video and what it shows. I can't speak to the release ability.
▶ 1:26:51Sen. King: You where the policy guy. What is the policy that says this should be classified information?
▶ 1:26:58Mr. Ditlevson: That is outside the purview of my office. We are not the classification authority for the video and the process governing --
▶ 1:27:05Sen. King: I appreciate it if you take this question back. I have not yet gotten a justification for why the video is classified. Except that it is embarrassing. That is what it like to someone who has seen it. The designated terrorist organization, who defines a designated terrorist organization that is the basis of the strikes in the caribbean?
▶ 1:27:34Mr. Ditlevson: The ability to designate a group as a terrorist organization is outside of the department of war's purview.
▶ 1:27:46Sen. King: I'm asking who makes the decision.
▶ 1:27:49Mr. Ditlevson: It is outside of our office. It is with the department of state and department of justice as they advise the president on what groups should be a terrorist organization.
▶ 1:27:59Sen. King: I'm surprised you are not giving me a direct answer. Isn't this a presidential decision? Don't they make the decision on who was a terrorist organization?
▶ 1:28:12Mr. Ditlevson: I believe you are correct. The president is advised by the department of state injustice.
▶ 1:28:16Sen. King: You know the criteria for a designated terrorist organization? Is it written down anywhere? I don't believe I've ever seen it.
▶ 1:28:25Mr. Ditlevson: I would defer to those agencies advising the president through the process.
▶ 1:28:29Sen. King: You are in the policy business at the department of defense. Could you supply to the committee the definitions or criteria used to have a designated terrorist organization?
▶ 1:28:43Mr. Ditlevson: If confirmed, I pledge to work with you on these issues in the caribbean and I hope to have a great working relationship with you.
▶ 1:28:49Sen. King: I am running out of time but I have to tell you in your list of priorities focused on securing our homeland by bolstering security at our borders, no objection. Dismantling narco terrorist networks, no objection. Deterring adversary threats, no problem. The final one is restoring law and order in our cities. That is not the role of the department of defense.
▶ 1:29:16Sen. King: We have state police, local police. It is not the role of the military to restore order in our cities. What concerns me is if indeed the president designates a terrorist organization, what are the limits of that and what is to keep this president or a different president from saying some group they don't like inside the country is a designated terrorist organization, and therefore could apply military forces. I hope you will come back to me with the answers to my questions. Thank you, Mr. chairman.
▶ 1:29:48Chair Wicker: Yes, that was a rhetorical question. Mr. ditlevson, you are not involved in making the decision about designating a terrorist target, were you?
▶ 1:30:09Mr. Ditlevson: That is correct, Mr. chairman. I was not involved in the process.
▶ 1:30:11Chair Wicker: Now we have senator sullivan and then senator slotkin.
▶ 1:30:16Sen. Sullivan: Gentlemen, thank you for your service and your desire to serve your country further. I want to thank the families as well. It's a sacrifice for both the people involved in serving but also their families. I want to thank all of you. Mr.
▶ 1:30:33Sen. Sullivan: Ditlevson, I appreciated our meeting the other day in my office as you and I talked about focus on the arctic that we have been focusing as a country now. Discussions on what is happening up there.
▶ 1:30:53Sen. Sullivan: I was a little disappointed that the nds, despite having spoken to the pentagon leadership about making sure we had a strong arctic component, it was not that strong. I was disappointed by the limited focus in what is going on in the arctic. We have this chart. These incursions. I will get the specifics here.
▶ 1:31:22Sen. Sullivan: This is russian and chinese incursions in the arctic, also known as alaska. That's the last three or four years. We had one just last week. This was updated last week. We had five russian aircraft enter our ades, two strategic bombers prompting norad to dispatch two f-16s, 235's, kc 135 and e3 to intercept
▶ 1:31:53Sen. Sullivan: Those russian bombers. The concerning one, the green, joint russian-chinese taskforces. Those are strategic bomber taskforces, russia and china, and able taskforces. One is biggest 12 ships. As big as 12 ships. They don't do joint task forces anywhere else that I can tell in the world.
▶ 1:32:22Sen. Sullivan: They are doing it in my neck of the woods, which is america's neck of the woods, which is what you will be in charge of. How important do you view the arctic in your overall defense strategy? How are you going to make sure it is more seriously reflected in the strategy documents? In my state it is big news. Last weekend. A shout out to the great men and women who serve in the military in alaska.
▶ 1:32:52Sen. Sullivan: They intercept these guys every single time. Those are tough missions, right? When you are flying about the arctic ocean in february and it is 40 below zero and you're flying an f-16 with a single engine. You lose that engine, you are punching out over the arctic ocean in the middle the night. Is usually ninth or anyways because it is still dark. Those are tough missions. Our military does it every time. Help me out here. I was disappointed in the nds, especially because there is so much going on.
▶ 1:33:23Sen. Sullivan: We have to protect the southern border but the northern border is pretty busy. Just ask the russians and the chinese. What are we going to do one that? I need your commitment and a big way to step up the focus.
▶ 1:33:36Mr. Ditlevson: First I want to commend your work on this issue. This is vitally important to homeland defense, U.S. national interests.
▶ 1:33:45Sen. Sullivan: This is the definition of homeland defense. When they are probing our airspace in our waters -- and our waters, I don't know if there's any other higher priority to get them the hell out of there.
▶ 1:33:59Mr. Ditlevson: I agree. Alaska is vital to the defense of the other 49 states. Alaska is our homeland. I understand the disappointment as far as not mentioning alaska by name in the national defense strategy. I want to assure you as we create implementing frameworks and further on guidance to our forces we absolutely want to make sure alaska is a part of that. It is a pillar of what we are looking at for regional strategy.
▶ 1:34:27Mr. Ditlevson: If confirmed, I would love to work with your staff and receive input from you directly on how we can better write that framework to reflect the importance of alaska.
▶ 1:34:34Sen. Sullivan: I appreciate that and thank you. I want to give another shout out. This committee worked on setting up -- the department of war has regional centers of expertise. We have now the regional center for the ted steven center named after the late great U.S. senator from alaska for arctic security issues. They are doing a great job.
▶ 1:35:03Sen. Sullivan: They built up that is under your purview. Can I get a commitment to use that resource, the ted steven center, to help you on this? They are becoming the center of gravity on national security in the arctic for the world.
▶ 1:35:24Mr. Ditlevson: You are right, senator. The director of the center, we speak regularly. He has done a fantastic work and his team is great. If confirmed, you have my commitment to use them as a resource and having their input into our different strategy document.
▶ 1:35:40Sen. Sullivan: Thank you, Mr. chairman. I will have additional questions for the wreck and -- for the record.
▶ 1:35:49Chair Wicker: A copy of that poster will be placed in the record. Senator slotkin and then senator kaine.
▶ 1:35:58Sen. Slotkin: Mr. ditlevson, I want to talk about reports we have this week out of the pentagon about the use of artificial intelligence. We all know -- many of us know we are in a classified race against the chinese on artificial intelligence.
▶ 1:36:18Sen. Slotkin: Reports came out this week that secretary hegseth was negotiating a contract with an ai company and this company says we have two conditions come up we are not going to allow our ai to be used to develop weapons that can kill without a human being in the kill chain, and number two, we will not allow our ai to be used for mass surveillance of american citizens.
▶ 1:36:45Sen. Slotkin: Secretary hegseth got very upset about those two conditions. He refused those conditions. I think if we were a healthier country politically right now we would be putting up left and right limits around the use of ai. We have no guidelines for you all. Really no law. That is not your fault. That is on us on a bipartisan basis that we have not done it. I argue we should be doing that for you all on this committee.
▶ 1:37:17Sen. Slotkin: Setting up his left and right limits. The average person does not think we should allow weapon systems to get into war and kill people without a human being overseeing that in some way. I don't think any american, democrat or republican, once mass surveillance on the american people. -- wants mass surveillance on the american people. Mike lee is for us to deal with this in the ndaa.
▶ 1:37:45Sen. Slotkin: -- mike -- miy plea is for us to deal with this in the ndaa. Why would secretary hegseth say no problem, we will never use ai to conduct mass surveillance on american citizens? You have been the number two over there. You are gunning for the number one job.
▶ 1:38:08Sen. Slotkin: To your knowledge, is the assistant secretary role of homeland security, do you have any programs currently going on involved in the mass surveillance of american citizens?
▶ 1:38:19Mr. Ditlevson: I can't speak to the specifics of that meeting with secretary hegseth.
▶ 1:38:25Sen. Slotkin: I'm not asking that. You have been in the number two job. Don't deflect. To your knowledge, the purview of the position you are trying to get, is there any mass surveillance program of the american people going on right now in that assistant secretary ship?
▶ 1:38:43Mr. Ditlevson: Not within the assistant secretaryship.
▶ 1:38:50Sen. Slotkin: I want the answer to be no. Are you aware and can you confirm it is illegal under U.S. law for the department of defense and intelligence community assets to surveilled or target american citizens for their views ?
▶ 1:39:13Mr. Ditlevson: I'm not intimately familiar with the different statutes. I with that of her -- I would defer to the office of general counsel.
▶ 1:39:22Sen. Slotkin: It is the law, executive orders, the national secured act of 1947, and everything that came out of watergate. American citizens do not want to be surveilled by their government. You do criminal activity, go for it. You should be brought down. Mass surveillance, targeted surveillance of domestic terrorist organizations is a very sensitive subject that you will be in the hot seat for. I would argue that instead of just deferring, you should get to know the log really quickly.
▶ 1:39:52Sen. Slotkin: You will be asked at some point whether the actions of this government are ok by you and when it comes to targeting american citizens, using assets of the intelligence community using ai to surveilled american citizens, I want you to answer no. That you will uphold the values I hope we all shared, which is that the U.S. government should never target its own citizens. Department of defense especially should be focused on foreign threats and the things that are coming at us from abroad.
▶ 1:40:23Sen. Slotkin: You should be focused on cyber threats, things that are important to protecting american citizens, not surveilling our own people. I will just say along the same lines of what you will be asked, you know, senator sheehy was in iraq and I was in iraq. Do you know of any credible threats of violence against U.S. polling locations that would ever require the national guard to be deployed? Any actual credible threats?
▶ 1:40:55Mr. Ditlevson: In this forum I cannot speak about any threats that may or may not exist.
▶ 1:40:57Sen. Slotkin: I think the idea that the president of the united states is saying we should deploy national guard and potentially others around polling locations when there is no credible threats -- you should bring them up here if they are credible threats. We have clearances. The idea that we could be deploying law enforcement and national guard around a polling location without a credible threat should send a shiver down your spine.
▶ 1:41:24Sen. Slotkin: You are going to be in the hot seat to say no, I'm sorry, that fundamentally cuts against who we are as americans and I hope you are willing to uphold your oath when it comes down to it. I yield back.
▶ 1:41:34Chair Wicker: Mr. ditlevson, if senator slotkin got on a classified phone with you from this gift, you could answer that question?
▶ 1:41:44Mr. Ditlevson: That is correct, Mr. chairman.
▶ 1:41:48Chair Wicker: Thank you very much. Now we have senator kelly.
▶ 1:41:53Sen. Kelly: Thank you, Mr. chairman. Just a follow-up on senator slotkin and the chairman, I think you would be able to say, yes or no, if there is a credible threat. That is not classified information. Sang with the threat is would be the classified part of a response -- saying what the threat is would be part of the classified response.
▶ 1:42:23Sen. Kelly: Yes or no?
▶ 1:42:25Mr. Ditlevson: Today I cannot say anything in this particular forum. If confirmed I look forward to making sure we are operating in a transparent manner with the committee.
▶ 1:42:38Sen. King: Mr. birdwell, different subject. The decline of domestic shipbuilding and the industrial base that supports that, it is not just an economic concern for our country. This is a national security issue. A significant one.
▶ 1:42:59Sen. King: A potential contingency within a near peer adversary competitor like china, our ability to sustain sealift, cross a 5000 mile ocean, repair damage, support for deploy, naval forces, it will depend on the strength of U.S. shipyards. It will depend on our suppliers. It will depend on having a robust commercial U.S. flag fleet.
▶ 1:43:31Sen. King: The maritime action plan in my bipartisan ship for america act recognizes the urgency of reversing this trend through a whole of government approach. We have to revitalize domestic maritime building here at home.
▶ 1:43:50Sen. King: The theory and case behind both of these initiatives, the maritime action plan and my legislation is that rebuilding our maritime industrial base cannot rely exclusively on the navy. We need a competitive commercial market that supports robust supply chains if we want to deliver critical capabilities to the navy and have critical navy programs that are on time and on budget.
▶ 1:44:18Sen. King: Do you agree that the navy would benefit from more commercial competition in the maritime industry?
▶ 1:44:30Sen. Birdwell: I have not made an evaluation of competitive roles between the navy and all commercial. I agree that we need a more robust organizational industrial base across the services, specifically the navy and shipbuilding. But also additional capability commercially. I can give an anecdotal issue related to taxes. -- texas. We need both lanes simultaneously in my view.
▶ 1:44:58Sen. Kelly: You don't think there is synergy between having a robust commercial sector and a robust military shipbuilding? The supply chains for navy ships . If you look at things like pumps and valves and piping and engines, the supply chain for the naval vessels is very similar to the supply chain for the commercial vessels.
▶ 1:45:23Sen. Birdwell: You would need whatever increases we have in the structure of the navy. You need to have a parallel increase and service support ships to support those.
▶ 1:45:38Sen. Kelly: I'm not just talking about the support ships. We have about 80 U.S. flagged oceangoing merchant ships. China has over 5000. They have more than 50% of shipbuilding capacity globally. What I'm getting at here is by revitalizing the commercial shipbuilding sector, it helps us build more navy ships. You have more robust supply chains.
▶ 1:46:09Sen. Kelly: If confirmed as assistant secretary of defense for sustainment, how would you align the department's sustainment strategy with the broader maritime initiatives to ensure we have the industrial capacity that the navy depends upon for sealift?
▶ 1:46:29Sen. Birdwell: I want to make sure the industrial base, commercial and organic, I'm a champion for the organic and work with my counter parents -- counterparts to ensure both of those capabilities meet d those capabilities meet the strategic needs in your question.
▶ 1:46:49Sen. Kelly: There is a need for commercial sealift. That is without question. I want to just make it clear again that helps us build the aircraft carriers, the destroyers, the frigates, the submarines that we need for our national defense. I hope you will work with us here on this committee.
▶ 1:47:13Sen. Kelly: I have strong legislation that's bipartisan that touches every aspect of the maritime industry so we can flag more U.S. ships with U.S. cruiews built-in U.S. shipyards with U.S. suppliers. That is what we need not only to revitalize the commercial sector but at the same time we get the added benefit of having a bigger industrial base for shipbuilding across the country.
▶ 1:47:44Sen. Kelly: I look forward to working with you.
▶ 1:47:45Sen. Birdwell: If confirmed, I look forward to working with you in the committee on that topic.
▶ 1:47:52Chair Wicker: Senator birdwell, I think senator kelly has made a profound point here. This is not the first time this has been discussed among this committee. He is on the something that might give us the quantum leap that is vitally needed to do what needs to be done. Thank you, senator kelly.
▶ 1:48:17Chair Wicker: Senator kaine, you have lived long enough to be recognized and it is your turn.
▶ 1:48:24Sen. Kaine: That is a good allusion to a special day. Thank you, Mr. chairman, and thank you to the witnesses. Mr. ditlevson, you were here on the 11th of december for the national guard hearing. I asked two questions for the record that I submitted to you right after the hearing that you have not yet answered. Any reason why you have not yet answered them two and a half months later?
▶ 1:48:48Mr. Ditlevson: Senator, for my particular position, submitted questions need to go through legal review and make sure they get over to you in the proper notations from different components for their input. I made sure we have submitted those. Look at them to you asap.
▶ 1:49:06Sen. Kaine: I would like to submit the unanswered questions for the record. The two questions are a total of six lines of text. Very short questions.I'm not impressed with the response time. If I can cement us for the record, Mr. cheer?
▶ 1:49:26Chair Wicker: Without objection.
▶ 1:49:29Sen. Kaine: I was not here when the senators were asking about the el paso incident because of a committee hearing. I understand your testimony was that there was no lack of communication between the federal agencies. Was that your testimony?
▶ 1:49:45Mr. Ditlevson: Yes, that is correct. Robust communication over 14 months. That was between the faa in the department.
▶ 1:49:58Sen. Kaine: What was the break that caused the closure of the airspace for that number of hours and the cancellation of flights?
▶ 1:50:03Mr. Ditlevson: I can't speak to the faa's determination to set up the fight restriction and why they did it the way they did. For the length of time we provided notification when the system became fully operational he capable and we also provided notification with our intent to fire the system.
▶ 1:50:22Sen. Kaine: The news accounts suggest insufficient notice was provided to the faa. Do you dispute those accounts?
▶ 1:50:34Mr. Ditlevson: I would dispute those and I don't think they have the totality of our communication.
▶ 1:50:36Sen. Kaine: It is one thing to say you provided notification just minutes before something happened that would have been insufficient. The reason I ask about this, you will get the el paso think straight. We had a crash at dca reagan a little over a year ago. 67 people lost their lives because of inadequate communication between the dod and the faa.
▶ 1:51:06Sen. Kaine: This was a danger we had repeatedly warned about. The national transportation safety board has come up with reports assessing a number of things that went wrong. When we see something like this at el paso and thank goodness flights were canceled and there were no injuries or deaths and we hear there was adequate communication between the parties, forgive us for being skeptical. We don't want to be complacent and see significant other challenges.
▶ 1:51:36Sen. Kaine: That is why we ask about this and we will continue to follow up on it. In response to my colleague, you said with respect to the boat strikes in the pacific, you had been involved in policy, not the determination of that particular operations. Have you been involved around the policy of which bodes should be struck or which of the targeting criteria be?
▶ 1:52:01Mr. Ditlevson: From our particular policy office we are not involved in the target preparation and the engagements briefed up to the secretary. That granularity is the purview of general --
▶ 1:52:17Sen. Kaine: How about separate from the individual instances? Have you been involved about what the criteria should be that should warn potential kinetic action?
▶ 1:52:29Mr. Ditlevson: I have not been involved in what criteria constitutes a threat that they can engage legally under that framework. Our office has not been involved.
▶ 1:52:40Sen. Kaine: You are not aware of what the requirements are for assessing which bodes can be targeted -- boats can be targeted?
▶ 1:52:53Mr. Ditlevson: For those specific requirements I would defer to the --
▶ 1:52:57Sen. Kaine: I asked you sitting here today, are you aware of the targeting criteria that render a craft eligible to be stricken by kinetic action?
▶ 1:53:17Mr. Ditlevson: I am aware the criteria that would constitute a threat that allows for engagement under constructs that the office of general counsel reviewed and provided to the secretary.
▶ 1:53:27Sen. Kaine: Is one of this criteria demonstrable evidence that a craft contained narcotics?
▶ 1:53:32Mr. Ditlevson: I want to make sure I provide you the absolute correct answer. If confirmed, I will make sure to answer that question. That is one I would like to take back.
▶ 1:53:45Chair Wicker: How long will that take?
▶ 1:53:49Mr. Ditlevson: Asap, Mr. chairman.
▶ 1:53:51Sen. Kaine: I have been given the answer to that question in a classified setting and had some significant concerns about it. That concerned operations that it happened from january -- september to january 1. I'm asking for a classified briefing on each operation since january 1 to see the criteria changed. We will pose the question in a precise way in a written q fr.
▶ 1:54:21Chair Wicker: Mr. ditlevson, that is not exactly your call.
▶ 1:54:26Mr. Ditlevson: That is correct.
▶ 1:54:28Chair Wicker: But you are the one sitting here in front of this committee. Thank you very much, senator kaine. Senator gillibrand, welcome.
▶ 1:54:38Sen. Gillibrand: Thank you, Mr. chairman.
▶ 1:54:43Chair Wicker: Catch your breath.
▶ 1:54:50Sen. Gillibrand: I want to pronounce your name correctly. While the ahi team falls under the under secretary, during your time is acting assistant secretary you are responsible for overseeing the cft.
▶ 1:55:09Sen. Gillibrand: In your conversations within the department about the future of ahicft, what role did care for victim cohort play in your discussions and how are you ensuring a smooth transition for the cohort in the new structure?
▶ 1:55:25Mr. Ditlevson: I am happy to discuss this topic because our war fighters have been affected by anomalous health incidents and they absolutely deserve care and treatment for this particular issue. Care for veterans is one of the pillars of the ahicft.
▶ 1:55:53Mr. Ditlevson: A large part of the work is how they can better treat folks that have been affected and that is something they focus on and what I sought my purview over the top of the ahicft to ensure continuity we have made sure to have a robust coronation effort with the research and engineering office. We transferred employees so they have all of that experience and expertise continuing on in its new form with undersecretary michael.
▶ 1:56:21Sen. Gillibrand: If confirmed, will you resume your role as deity interagency lead for ahi or that moved to research and engineering?
▶ 1:56:31Mr. Ditlevson: It is my understanding it will be transferred to research and engineering. >> what is the most important work over the next year?
▶ 1:56:48Mr. Ditlevson: Taking care of war fighters and making sure they are getting the health care they deserve and need. I think that is the principal focus.
▶ 1:56:53Sen. Gillibrand: Earlier this month, the faa shut down airspace in texas after a deity provided counter uis system was operationalized with a completed coordination -- without completed the faa coordination, creating potential risks to civil aviation.
▶ 1:57:14Sen. Gillibrand: Reporting indicates the faa coordination under section 130i and 124n had not been completed and the dod proceeded despite objections. Dad has not -- dod has not provided information about this incident to our offices. When can we expect this information?
▶ 1:57:35Mr. Ditlevson: I want to say that if confirmed I commit to a policy of transparency. I believe some of our staff members briefed earlier this week with staff members of the committee. If confirmed, I look forward to engaging to make sure we get all the information from this incident.
▶ 1:57:54Sen. Gillibrand: Given the 1030i package was not completed, why did you write the deity of felted had met statutory requirements to coordinate with the faa?
▶ 1:58:07Mr. Ditlevson: In this particular situation a national defense area have been issued 130i protections.
▶ 1:58:21Sen. Gillibrand: Who made the final decision to proceed with operationalizing the system prior the faa coordination? Are you saying you did do the faa coordination, just not approval?
▶ 1:58:38Mr. Ditlevson: That's correct. We had been coordinating over 14 months prior to the incident.
▶ 1:58:43Sen. Gillibrand: Was that decision made by your office or another entity?
▶ 1:58:50Mr. Ditlevson: We provided the decision up the chain of command giving our best policy recommendation and making sure we maintain coordination with the faa for the senior leadership decision.
▶ 1:59:01Sen. Gillibrand: .understood . Does dod believe ithas the authority to operationalize counter uis systems and domestic airspace without the faa concurrence so long as deity believes coordination requirements have been met? -- dod believes coordination has been met?
▶ 1:59:21Mr. Ditlevson: We want to protect american citizens including troops and civilians. We always take that into consideration and I can assure you the systems are safe. They have gone through a robust testing process. We are still working through testing processes with the faa to make sure the standards are even higher. Just because we want to make sure we are staying true to our mission of protecting american citizens.
▶ 1:59:44Sen. Gillibrand: When you allow dhs to use dod equipment, what requirements does dod place on operational use? Does dod require affirmative confirmation that dhs has completed all statutory coordination requirements, including fa coordination before allowing dod systems to be transferred, activated or used?
▶ 2:00:05Mr. Ditlevson: That particular situation, when the transferred equipment happen, I would defer to the folks who own the equipment and whether they have done the proper coordination process with the department of homeland security. I would turn that to northcom.
▶ 2:00:22Sen. Gillibrand: Thank you, Mr. chairman.
▶ 2:00:25Chair Wicker: Senator duckworth.
▶ 2:00:28Sen. Duckworth: Gentlemen, thank you for being here. As someone who bled for this country I am horrified that president trump continues to thrust out troops into irresponsible open-ended campaigns with no clear authorities, no set timeline, no transparent in-state and that extends to the use of the military on american soil. In december, this committee held a hearing I pushed for on this administration's misuse of the national guard. Mr.
▶ 2:00:55Sen. Duckworth: Ditlevson, our exchange was very worrisome to me. I gave you the opportunity to clarify to the american people this administration would not deploy troops across state lines , contrary to the desires of that state for any mission beyond protection of federal property. You said, "I cannot commit to that." you would not commit to not deploying troops across state lines for anything other than to protect federal property. This is where I want to pick up.
▶ 2:01:26Sen. Duckworth: I think the american people deserve to know this administration's plans for using the military in their backyards. When you try to activate the illinois national guard for law enforcement functions and were denied by our governor, who the people elected and have the opportunity to kick out of office if they want to, you sent in the texas national guard to try to do law enforcement functions and were stopped by the courts.
▶ 2:01:52Sen. Duckworth: You were nominated to be the senior defense official who will approve use of the military within united states territory. During this hearing, this hearing, you have indicated to my colleagues there are circumstances you would advise deploying forces near polling places. I want to read to you 18 U.S. code 590 three, interference by armed forces.
▶ 2:02:18Sen. Duckworth: Such officer or member of the armed forces prevents or attempts to prevent by force, threat, intimidation, advice or otherwise any qualified voter of any state from fully exercising their right of suffrage at any general or special election. In light of 18 U.S. code 593, please consider that as you're answering my questions.
▶ 2:02:44Sen. Duckworth: You said you could see troops deployed in logistic support capacities near election sites. What distance from a polling place would make you feel comfortable advising the secretary to deploy secretaries -- deployed near sites consistent without intimidating voters?
▶ 2:03:07Sen. Duckworth: I would like to know if you are advising those military troops be in full battle dress uniform, body armor, carrying rifles, carrying their sidearms, ammunition. Are you expecting logistical functions to be like those we encountered in iraq react you have to fight your way in and out? Are you just talking about logistical support. Maybe you can define what you mean by that how far from the polling places, what are they doing?
▶ 2:03:34Sen. Duckworth: Are they wearing battle dress uniform,, body armor, sidearms, and have ammunition nearby?
▶ 2:03:44Mr. Ditlevson: I appreciated our exchange in december and your concern for this issue. It is important we do it right. If confirmed, whatever we advise will always be through the office of general counsel to make sure that is a lawful recommendation for any deployment of national guard. As for the questions for the distance and what equipment people would wear on any deployment we always look at what the threat scenario may be and tailor that for whatever they may have to deal with.
▶ 2:04:13Mr. Ditlevson: For logistics it would be very different than some other type of mission. We want to make sure we tailor and provide everything a soldier may need before they go out and do a mission. That is across the board for the department and we want to make sure where ever they do it is lawful by having the office of general counsel thorough review of our recommendations.
▶ 2:04:33Sen. Duckworth: You are saying there's a mission -- you can see deploying troops to polling places in a capacity other than the logistics mission you said would be why you would put them there?
▶ 2:04:45Mr. Ditlevson: I was speaking more broadly for national deployments in general. This is a normal routine process that we do for any mission the national guard would go out and do.
▶ 2:05:01Sen. Duckworth: You think is normal and routine to activate the national guard because the governor's wishes to go man polling places?
▶ 2:05:05Mr. Ditlevson: I will not characterize routine.
▶ 2:05:11Sen. Duckworth: Those are your words, not mine.
▶ 2:05:12Mr. Ditlevson: In the routine process of deploying national guard. Something we always do is make sure our servicemembers are safe no matter what mission they are faced with.
▶ 2:05:23Sen. Duckworth: You're answering a different -- going back to what senator peters asked, are you saying you would deploying national guard troops in some capacity other than logistics? You said you could see them for logistics but now there are potentially other reasons to send them to send them the polling stations beyond logistics and they may be fully armored, fully combat equipped depending on what you decide.
▶ 2:05:53Mr. Ditlevson: --
▶ 2:06:00Sen. Duckworth: In the united states at polling places?
▶ 2:06:03Mr. Ditlevson: That is speculative.
▶ 2:06:04Sen. Duckworth: If the president labeled a U.S. organization, say the american civil liberties union, a domestic terrorist organization, which by the way is a list with no statutory basis in the united states or international law, would you consider that to be sufficient authority to use military force or resources against any american who affiliates with the aclu on U.S. soil?
▶ 2:06:29Mr. Ditlevson: I can't speculate on that.
▶ 2:06:30Sen. Duckworth: All of these should be easy commitments but apparently for you they are not. I need to make something clear on the record. If the administration was serious about working with blue governors to combat what courts have found to be baseless claims of lawlessness, president trump would have given governor pritzker more than pay to our window on saturday, october 4, to respond to his official request to call up the illinois national guard under title to redo before he federalized. He gave the governor two hours to respond.
▶ 2:07:00Sen. Duckworth: That is not a serious effort to work with our governors. That is using the military to intimidate rivals. President trump is diverting dramatic amounts of troops, military assets and resources to support federal law enforcement agencies which are not always trained properly or prepared to use those resources as a closing of the el paso airspace shows.
▶ 2:07:22Sen. Duckworth: I'm concerned you cannot make basic reassurances to this committee as to how you would advise on the calling up of the national guard to be there at polling places at an election on united states soil. You say I can see doing that for logistic purposes. When I asked if they are doing logistical support are they going to be in battle dress uniform with ammunition, you say we are going to let the lawyers decide that. I'm asking you what you would advise that you cannot commit to your advice.
▶ 2:07:55Sen. Duckworth: If they decide we need to blow up the streets of chicago or any other street of this great nation in order to provide logistical support, we are going to do that. That is not reassuring to the american people. You cannot intimidate americans when they go out to vote. It is against the law. I read that code do you. I am at a loss.
▶ 2:08:25Sen. Duckworth: The american people will not stand for this. My colleagues in congress should not stand for this administration's attempts to use the military to intimidate americans from exercising their fundamental right to cast a vote in elections. I yield back.
▶ 2:08:38Chair Wicker: Thank you, senator duckworth. Your statements will be included on the record. Are there follow-up questions? If not, how long should we hold the record open? Mr. clark? Two days. Questions for the record.
▶ 2:09:01Chair Wicker: I want to thank our witnesses for their thoroughness today and I express my appreciation. This hearing is adjourned.