Follow us on social

Should Congress grant a waiver to sec def candidate Lloyd Austin?

Should Congress grant a waiver to sec def candidate Lloyd Austin?

If the goal is de-militarizing our national security, we have to ask whether a recent general is the best choice to lead the DoD.

Analysis | Military Industrial Complex

The issue of granting a waiver to retired Gen. Lloyd Austin to be secretary of defense is the most recent case of a deeply rooted problem in the civil-military relationship in America: the gradual militarization of U.S. national security policy.  

Because Austin left the military in 2016, less than seven years ago, he must be granted a waiver by Congress to be secretary,  and serve in a civilian role. The Senate has already held a hearing on the waiver  and his confirmation hearings are set to begin next Tuesday. Lloyd is expected to testify before the House on the issue of the waiver on Jan. 21. 

Austin’s policy views are not known in any detail, though some reporting suggests he may be less inclined to support a more aggressive posture towards China, and has in the past, criticized the Saudi war in Yemen.

Nevertheless, the militarization of U.S. foreign and national security policy has been a growing problem over the past 20 years, one that is not relieved by granting another waiver for a retired general.

The issue has its origins in the 1940s and 1950s, when, for the first time in its history, America decided to maintain a large standing army. That policy was part of the creation of a unified Department of Defense, responsible for overseeing a largely military confrontation with the Soviet Union.  American troops would be stationed around the world; American ships would patrol global seas; American aircraft could strike at will from the air. The military and the Pentagon became the dominant institution in the national security arena.

Over time, this practice of relying on the military expanded into areas that even the military had not contemplated. When Ronald Reagan declared the war on drugs, he asked the military to add counter-narcotics missions to its portfolio. When natural disasters struck, the military became the first responders. The Defense Department became the largest federal agency, a bureaucratic behemoth compared to any other agency, particularly the State Department. 

Senior regional commanders became more important than U.S. ambassadors in regions like the Pacific and the Middle East-Gulf. Once deployed to Iraq and Afghanistan, the military took on  missions like governance, economic development, power generation, public relations, and multiple other functions. The U.S. military became the very definition of America’s global engagement.

At the same time, the practice of leaning on the military spread into domestic politics, where retired military officers became “validators” for political candidates and issue groups seeking to burnish their credentials in the national security sphere. Both parties, over time, have made fulsome use of retired “brass.”

The one bulwark that remained was the principle of civilian control, a deeply embedded principle in the Constitution, political history, and the Cold War era. There is a difference between the world of the military and that of policy and politics. Officers and their troops are trained and skilled at military strategy and tactics, but not trained in statecraft. National security strategy and decisions about war and peace are, properly, responsibilities of civilians, trained and responsible for those decisions to Congress and the American public. 

When it comes to deciding on going to war and ending war, deploying the military, and providing its funds, civilians are responsible and civilian leadership is essential. The chain of command starts with the president and runs through the civilian secretary to the regional commander. (We have held this principle so strongly that, for years, we urged the Russians to end their practice of making an active duty military officer the Minister of Defense.)

This is why the secretary of defense is intended to be a civilian and a waiver is needed to do otherwise. The waiver for George C. Marshall to become secretary of defense in 1950 was the exception, not the rule. The waiver for retired Gen. James Mattis in 2017 eroded this principle. The Austin appointment, so soon after Mattis, risks eroding it further.

There are very positive and understandable reasons to nominate Austin for the job.  The military is 43% minority and the most recent DoD report on racial tensions in the services indicates that more than 30% of Blacks have experienced some form of discrimination.  A Black defense secretary sends a powerful message about the need for justice in the nation’s military, as in society as a whole.  And there is no doubt he has served the nation well in uniform.

Congress needs to consider this issue seriously in debating the waiver and in the confirmation hearings with Austin.  Retired officers should of course not be prohibited from speaking, political campaigning, or even running for office. Many have succeeded —since World War II, Dwight Eisenhower and Jimmy Carter come to mind, one a very successful president, the other an extraordinarily successful ex-president. Others have tried and failed. Yes, they traded on a military record in doing so, but the key point is that they have jumped into the civilian crucible, to be tested as any candidate would be — haberdasher, organizer, or activist.

What the Senate and House need to consider is whether it makes sense to further weaken the distinction between civilian authority and military duties.  Austin is only recently a civilian. He needs to be asked his views of this relationship and what he would do as secretary of defense to reassure Congress and the nation that civilian authority would be preserved.

In a time of upheaval and serious challenge to our democracy there is a strong case to be made that rapid confirmation of all Biden nominees should be a priority. Rebuilding trust, restoring competence, and moving quickly to restore order and continuity are more critical today than they have ever been since the Civil War.  

If Austin is confirmed, he needs to be part of that restoration and rebuilding process. And he needs to reflect on how he would contribute to the de-militarization of U.S. national security policies and processes, and how he would maintain the principle and practice of civilian control.


LLoyd Austin, President-elect Joe Biden's pick for Defense Secretary (shutterstock/vasilis asvestas)|LLoyd Austin, President-elect Joe Biden's pick for Defense Secretary (shutterstock/vasilis asvestas)
Analysis | Military Industrial Complex
Poland farmers protest EU
Top photo credit: Several thousand people rally against a proposed EU migration scheme in Warsaw, Poland on 11 October, 2025. In a rally organized by the opposition Law and Justice (PiS) party thousands gathered to oppose the EU migration pact and an agriculture deal with Mercosur countries. (Photo by Jaap Arriens / Sipa USA)

Poland’s Janus face on Ukraine is untenable

Europe

Of all the countries in Europe, Poland grapples with deep inconsistencies in its approach to both Russia and to Ukraine. As a result, the pro-Europe coalition government of Prime Minister Donald Tusk is coming under increasing pressure as the duplicity becomes more evident.

In its humanitarian response to Ukraine since the war began in 2022, Poland has undoubtedly been one of the most generous among European countries. Its citizens and NGOs threw open their doors to provide food and shelter to Ukrainian women and children fleeing for safety. By 2023, over 1.6 million Ukrainian refugees had applied for asylum or temporary protection in Poland, with around 1 million still present in Poland today.

keep readingShow less
Trump Zelensky
Top image credit: U.S. President Donald Trump meets with Ukraine's President Volodymyr Zelenskiy over lunch in the Cabinet Room at the White House in Washington, D.C., U.S., October 17, 2025. REUTERS/Jonathan Ernst

Finally, Trump takes a sensible turn on Ukraine

Europe

Claims that President Trump bullied President Zelensky and urged him to withdraw from the whole of the Donbas at their latest meeting in Washington will doubtless cause the usual furore in the Western media and commentariat, but they cannot be substantiated and are a distraction from the really important issue concerning U.S. and NATO strategy, which is whether the alliance should continue support to Ukraine at existing levels or seek radically to escalate.

Here, President Trump made the right decision by pulling back from his previous suggestion that the U.S. might provide Tomahawk cruise missiles to Ukraine — presumably as a result of his recent telephone discussion with President Putin.

keep readingShow less
Nord Stream pipeline
Top image credit: A Ukrainian diver, Volodymyr Z., who is wanted by Germany over his alleged involvement in the 2022 explosions that damaged the Nord Stream pipeline and severely disrupted Russian gas supplies to Europe, walks escorted by Polish Police at the district court in Warsaw, Poland, October 1, 2025. REUTERS/Kacper Pempel

What is Poland hiding besides the Ukrainian Nord Steam suspect?

Europe

It wasn’t that long ago that the mysterious attack on the Nord Stream pipelines was a massive outrage across the Western world.

With Russia the presumed culprit, European Commission President Ursula Von der Leyen vowed the “strongest possible response,” while a top adviser to Ukrainian President Volodymyr Zelensky declared it “a terrorist attack planned by Russia and an act of aggression towards the EU.”

keep readingShow less

LATEST

QIOSK

Newsletter

Subscribe now to our weekly round-up and don't miss a beat with your favorite RS contributors and reporters, as well as staff analysis, opinion, and news promoting a positive, non-partisan vision of U.S. foreign policy.