Defense Spending Bill Acknowledges Major Threats, Part 2

On Saturday, The New York Analysis of Policy and Government provided a general outline of the National Defense Authorization Act recently passed by the House of Representatives. In today’s article, we provide specifics.

Spending for Specific Weapons Systems in the NDAA

Authorizes $360.0 million, an increase of $338.1 million, for Stryker A1 combat vehicles, the most survivable and advanced version of the Stryker combat vehicle. ● Supports the President’s budget request to modernize Army Armored Brigade Combat Team vehicles, including 135 M1 Abrams tanks, 60 Bradley fighting vehicles, 197 Armored multi—purpose vehicles, 38 Improved Recovery Vehicles, and 3,390 Joint Light Tactical Vehicles. ● Authorizes multiyear procurement authorities for F/A—18E/F Super Hornet aircraft, C— 130 Super Hercules aircraft, E—2D Advanced Hawkeye aircraft, advanced missiles and amphibious ships to generate better cost savings for the taxpayer and provide needed capability to the Navy; ● Supports the President’s budget request for the F—35 Joint Strike Fighter and authorizes 77 aircraft. The bill also authorizes the Department to procure additional F-35 aircraft, if additional funds become available, utilizing cost savings and program efficiencies. ● Authorizes an additional $85.0 million for additional UH—60M Black Hawk utility helicopters for the Army National Guard. The most modern Black Hawk version. ● Supports additional funding to maintain the maximum production rate of critical munitions, such as small diameter bombs, joint direct attack munitions, hellfire missiles, advanced precision kill weapon systems, long range anti—ship missiles, tomahawk missiles, advanced medium—range air—to—air missiles and torpedoes. ● Mandates recapitalization of the Navy’s 43—year old auxiliary fleet which would help to transport Army and Marine Corps forces in times of conflict. ● Encourages the rapid development and fielding of interim maneuver short range air defense capabilities and indirect fire protection solutions to address current deficiencies in air and missile defense. ● Fully supports funding for the Columbia—class ballistic missile submarine and the B—21 Raider bomber programs. ● Adds $150 million to accelerate U.S. efforts to field a conventional prompt strike capability before FY22, in response to the critical advances Russia and China have made in developing their prompt global strike hypersonic weapons.

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STRATEGIC READINESS

The NDAA supports the Nuclear Posture Review’s recommendation to pursue a lower—yield ballistic missile warhead to strengthen deterrence. ● Supports the President’s budget request to restore the nuclear arsenal and adds $325 million for the National Nuclear Security Administration’s nuclear weapons activities and defense nuclear nonproliferation program, including efforts to modernize the nuclear weapons stockpile and address NNSA’s aging facilities and other infrastructure. ● Provides increased funding to accelerate two key Air Force nuclear modernization programs: The Ground—Based Strategic Deterrent and the Long—Range Standoff cruise missile

Missile Defense

The HASC believes the threats from North Korea and Iran demonstrate that the time to debate the utility or practicality of missile defenses has passed. Again, building on the work of the Subcommittee on Strategic Forces, the NDAA: ● Supports the President’s request for missile defense and adds $140 million to the Missile Defense Agency (MDA) for development of critical directed energy, and Space sensing projects, and the acceleration of hypersonic defense capabilities. ● Adds $175 million to accelerate integration of Patriot (for lower altitudes) andTerminal High Altitude Area Defense (higher altitudes) missiles to meet the requirements of the Commander of U.S. Forces in Korea. ● Requires the director of MDA establish a boost phase intercept program using kinetic interceptors, initiate development of a missile defense tracking and discrimination Space sensor layer and continue efforts to develop high power directed energy for missile defense applications. ● Requires the Director of MDA to continue development for the homeland defense radar in Hawaii, and that it be operationally capable by FY23. ● Provides increased funding to address cyber threats to our missile defense systems. ● Supports the President’s request of $500 million for co—development of missile defense systems with Israel, and co—production of Iron Dome, David’s Sling, and Arrow weapons systems.

Space Warfighting

Russia and China are developing capabilities to deny the United States the advantages it derives from operating in space. Equally concerning is the inability of the organizations responsible for the nation’s national security—related space activities to prepare for Space to become a warfighting domain and to adequately develop and/or acquire essential national security Space systems. Efforts to reform the Department’s approach to Space issues can be summarized in four equally important elements: acquisition reform, resources, cadre development, and joint warfighting. The NDAA comprehensively addresses each one of these lines of effort to ensure that our Servicemembers are ready to defend our vital national interests in space. The bill also ensures that the Department’s Space investments are being executed in a way to ensure increased agility, lethality, and accountability by the Department of Defense. The NDAA: ● Directs the Department of Defense to develop a plan to establish a separate alternative acquisition process for Space acquisitions. ● Directs the Secretary of the Air Force to develop and implement a plan to increase the size and quality of the Space cadre within the Air Force. ● Establishes a new numbered Air Force responsible for carrying out Space warfighting. ● Establishes a sub—unified command for Space under the Strategic Command for carrying out joint Space warfighting. ● Directs the Secretary of Defense to develop a plan that identifies joint mission—essential tasks for Space as a warfighting domain. ● Supports the President’s request for Next Generation Overhead Persistent Infrared, Protected Satellite Communications, and the Air Force’s Space launch efforts.

FACING NEW THREATS

Russia and China are reasserting their power and leveraging new technologies, The U.S. competitive edge has eroded in every domain of warfare, air, land, sea, Space, and cyberspace, and it is continuing to erode. The NDAA includes threat—specific initiatives designed to maximize defense resources and keep America safe.

Emerging Technologies

America’s security is challenged by our strategic competitors’ advances in Artificial Intelligence, Space and counter—Space capabilities, Cyber, Influence Operations, and Hypersonics, among others. To address these threats, the NDAA: ● Places emphasis on policy and programs to advance Artificial Intelligence, machine learning, quantum computing, and other critical national security technologies; ● Fully supports innovation efforts of the Defense Advanced Research Projects Agency, and Defense Innovation Unit Experimental to ensure our technological superiority and dominance over current and future threats; ● Advances hypersonic and directed energy weapons research, development, and transition efforts within DoD; ● Provides additional funds to accelerate Artificial Intelligence, machine learning programs, as well as directed energy, and hypersonics programs.

Photo: U.S. DoD

Quick Analysis

Judge Juan Merchan Must Recuse Himself from Hearing the Case of Donald Trump

Judge Juan Merchan Must Recuse Himself from Hearing the Case of Donald Trump By John H. Wilson In April and May of 2023, we discussed several of the weaknesses of the criminal case brought against former President Donald Trump. In particular, we described the legal insufficiency of the indictment, which does not “asserts facts supporting every element of the offense charged and the defendant`s…commission thereof with sufficient precision to clearly apprise the defendant…of the conduct which is the subject of the accusation.” We also noted that the majority of the charges brought against Trump are most likely time-barred by New York’s Statute of Limitations. https://www.usagovpolicy.com/is-trumps-indictment-beyond-the-statute-of-limitations/ In both articles, we also noted that the Judge assigned to hear the case against the former President, Juan Merchan, had previously donated small sums to several anti-Trump organizations, and was unlikely to dismiss the charges on either of these grounds. According to the New York Post, Merchan “donated $35 to Democratic causes in 2020, including $15 to President Biden’s campaign and $10 to a group dedicated to ‘resisting … Donald Trump’s radical right-wing legacy.’ Federal Election Commission records show Merchan made three small-dollar donations within the span of two days in July 2020 through ActBlue, the Democratic Party’s preferred online fundraising platform. The veteran judge contributed $15 earmarked for the ‘Biden for President’ campaign on July 26, 2020, and then the following day made $10 contributions to the Progressive Turnout Project and Stop Republicans” . Given the small amounts involved, no one seriously argued that Judge Merchan should be removed from the case after having made these contributions, even though “FEC records show that Merchan listed his occupation as ‘judge’ on the donation form, and his employer as the New York State Office of Court Administration.” This is, however, an issue of some seriousness. Under Rule 100.5(A)(1) of the Rules of the Chief Administrative Judge for the State of New York, “[n]either a sitting judge nor a candidate for public election to judicial office shall directly or indirectly engage in any political activity except (i) as otherwise authorized by this section or by law, (ii) to vote and to identify himself or herself as a member of a political party, and (iii) on behalf of measures to improve the law, the legal system or the administration of justice. Prohibited political activity shall include…(h) soliciting funds for, paying an assessment to, or making a contribution to a political organization or candidate. (Emphasis added.) This means that despite the modest sums donated by Judge Merchan, he is prohibited from making ANY contribution, in ANY amount, to the Biden campaign, or any other political organization. It’s not as if Judge Merchan wouldn’t be aware of these rules. According to CNN, “Merchan launched his legal career in 1994…as an assistant district attorney in the trial division in the Manhattan District Attorney’s Office…[i]n 2006, New York Mayor Michael Bloomberg…appointed Merchan to Family Court in the Bronx, and Democratic Gov. David Paterson appointed him to the New York State Court of Claims in 2009, the same year he began serving as an acting New York Supreme Court judge.” With more than 23 years of experience as a judge, Juan Merchan would certainly know he is prohibited from making contributions in any amount to political campaigns and organizations. But he did it anyway. Further, under Rule 100.3(E)(1) “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned.” Making campaign contributions to the current President, and then hearing the case of that President’s opponent in this year’s election would certainly qualify as a reasonable question regarding Merchan’s impartiality. But this is only one basis under which Judge Merchan’s removal from the Trump case is both appropriate and necessary. There is more substantial basis for this matter to be taken away from Judge Merchan. Rule 100.3(E)(1) continues as follows; “[a] judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances where… (d) the judge knows that the judge or the judge’s spouse, or a person known by the judge to be within the sixth degree of relationship to either of them, or the spouse of such a person…(iii) has an interest that could be substantially affected by the proceeding.” According to the website Living DNA, a First Degree of Relationship is a Parent to a Child, while a Sixth Degree is a second cousin. In between are Grandparents and grandchildren, great-grandparents and great-grandchildren, Aunts, Uncles, Nieces, Nephews and First Cousins. It stands to reason, then, that if Judge Merchan had a cousin, or a nephew, or a grandchild who was known to the Judge, and that person had “an interest that could be substantially affected” by a proceeding over which Judge Merchan was presiding, he would have to legally and ethically recuse himself from the handling of that matter. But what if that person is of the first degree of relationship, that is, a child of the Judge? Meet Loren Merchan, who is, according to the New York Post, “president of Authentic Campaigns, a Chicago-based progressive political consulting firm whose top clients include Rep. Adam Schiff (D-Calif.), who was the lead prosecutor in Trump’s first impeachment trial, and the Senate Majority PAC, a major party fundraiser…Schiff’s campaign for US Senate scored an eye-popping $20 million in aid since he began soliciting donations off the presumptive GOP presidential front-runner’s unprecedented 34-count indictment last April, according to Federal Election Commission records…The Senate Majority political action committee, which supports Democratic Senate campaigns, pocketed $73.6 million since it also began firing off fundraising emails following the ex-president’s indictment…The super PAC has done more than $15 million in business with Authentic since 2019, including email fundraising and branding assistance, while Schiff’s Senate campaign paid Authentic more than $10 million for digital advertising and other consulting services the past year, records show.” Let us understand what the New York Post has revealed here. Loren Merchan is the president of an organization that has been paid ten million dollars by the Senate Majority PAC, which has earned the money to pay Loren’s company by fundraising that is, at least, […]

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