Congressional Democrats are fighting against Republican plans for an easy nomination path of Defense Secretary nominee James Mattis by including waiver language in a short-term budget extension this week instead of holding broader debates on the topic next year.



Mattis, a popular former Marine Corps four-star general tapped by President-elect Donald Trump to lead his Pentagon, needs the waiver to get around federal rules mandating a seven-year gap between military service and taking over the defense secretary post.



The idea behind the law is to ensure civilian control of the military, and not a rotating military class controlling national security assets. Mattis retired from the military in 2013.



Several lawmakers, including Senate Armed Services Committee Chairman John McCain, R-Ariz., have promised to work on legislation for Mattis to get around the rule. But plans from House Republican leaders floated to make it part of must-pass budget legislation this week rankled Democrats, who are insisting on an open debate on the issue.





"Civilian leadership of the military has been a cornerstone of our democracy since the Founders, and for good reason," House Democratic Leader Nancy Pelosi, D-Calif., said in written a statement. "The American people are entitled to regular order and thoughtful scrutiny of nominees and any potential waivers."

Rep. Adam Schiff, D-Calif. and ranking member of the House Committee on Intelligence, called the budget waiver proposal "a grave mistake." Rep. Adam Smith, D-Wash. and ranking member of the House Armed Services Committee, said the topic deserves a full discussion and not just a "rubber-stamp."

Only a few Democrats have signaled they’ll oppose Mattis’ nomination, and most of the critics on Tuesday made clear their concerns lie with the military-civilian responsibility issues, not Mattis’ credentials.

Mattis discusses the military-civilian divide Retired Marine Gen. James Mattis and Kori Schake, both of the Hoover Institution, sit down with Military Times to discuss their new book, Warriors & Citizens. (Daniel Woolfolk/Staff)

Video by Daniel Woolfolk/Staff

"Brushing aside the law that enshrines civilian control of the military — without discussion, in a massive must-pass funding bill — would set a terrible precedent," Pelosi said. "It is troubling that Republicans are working so hard to shield President-elect Trump’s choice from the scrutiny and debate of Congress and the American people."

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Lawmakers must pass a budget extension by the end of the week to avoid a government shutdown. Republican planners are currently crafting a four-month budget bill to extend fiscal 2016 spending into next March, a move meant to allow the incoming president an opportunity to set his own federal spending priorities.

Party leaders have also signaled their anxiousness to get Trump’s Cabinet nominees confirmed as quickly as possible, with the possibility of some confirmation hearings taking place even before Trump is sworn into office.

Since the federal rules were approved in 1947, only once has Congress granted a waiver for a recently-retired service member to become defense secretary. That was George Marshall, in 1950.

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Leo Shane III covers Congress, Veterans Affairs and the White House for Military Times. He can be reached at lshane@militarytimes.com .