HAPPENING TODAY — EMERGENCY ‘ALMOST DEFINITELY’ COMING: “I have the absolute right to declare a national emergency. I haven't done it yet. I may do it. If this doesn't work out, probably I will do it. I would almost say definitely,” Trump said before he left for yesterday border visit in McAllen, Texas.

After a potential Senate Republican deal that would have traded protection for so-called dreamers for ending the partial government shutdown “kind of fell apart,” in the words of Sen. Lindsey Graham. Blaming the Democrats, the South Carolina Republican said it was time for the president to seize the initiative.

“Speaker [Nancy] Pelosi’s refusal to negotiate on funding for a border wall/barrier — even if the government were to be reopened — virtually ends the congressional path to funding for a border wall/barrier,” Graham said in a statement. “It is time for President Trump to use emergency powers to fund the construction of a border wall/barrier.”

STORM DAMAGE FUNDS EYED: Money allocated, but not yet spent, by the Army Corps of Engineers, for repairing storm damage and improving flood control in the wake of hurricanes in Texas and Puerto Rico, could be tapped to begin construction of additional barriers along the U.S.-Mexico border, according to multiple reports.

NBC News reported President Trump has been briefed on a plan to use a portion of $13.9 billion in Army Corps funds to build 315 miles of border barrier if the president declares a national emergency. “The Department of Defense is reviewing available authorities and funding mechanisms to identify options to enable border barrier construction,” said Capt. William Speaks, a Pentagon spokesman. “As there has not been such a declaration made, it would be inappropriate to comment further on those efforts,” Speaks added.

A MAGIC MOMENT: After reportedly grumbling in an off-the-record lunch with TV anchors earlier this week that his border visit was “not going to change a damn thing,” Trump’s meeting with border officials along the Rio Grande yielded one unscripted moment that helped bolster his case that there are in fact gaps in the current border fencing that need to be plugged.

It came from an unnamed border protection agent who told the president, “We have 55 miles of fencing in this sector. We started a job in 2006. We need to finish that job. We've got the personnel. We need the technology and we need the resources. We need the infrastructure in order to control this border and manage it. Part of our area is covered with some fencing on our east side. That accounts for about six percent of our traffic. Where we have no fencing, over 90 percent of our traffic occurs in those areas.”

Trump was wowed. “OK, folks? I mean, what — you don't have to say any more. That's it. That's it,” he said with a broad smile. “And we never even spoke before this, right? I never told you to say that.” To which the agent replied “No, sir. No, sir.”

“He said it perfectly, all right? Look, look. This is common sense. They need a barrier. They need a wall. If you don't have it, it's going to be nothing but hard work and grueling problems,” Trump said. “And by the way — and death. And death. A lot of death.”

NEVER SAID THAT: President Trump got a lot of pushback to his statement yesterday that he never said Mexico would directly pay for a border wall. “During the campaign, I would say, Mexico is going to pay for it.” Obviously, I never said this, and I never meant they're going to write out a check,” Trump said before leaving for Texas. “They are paying for it with the incredible deal we made, called the United States, Mexico, and Canada USMCA deal,” Which Trump conceded has not yet been approved by Congress. Still, he said, “Mexico is paying for the wall indirectly.”

Fact-checkers pounced on the assertion pointing out that during the campaign Trump said more than 200 times that Mexico would pay for the wall, including reference to a direct payment. The Washington Post, among others, dug up a March 2016 campaign memo that suggested Mexico could be compelled to make a one-time payment of $5 to $10 billion.

WALL OF STEEL? While President Trump has advocated for a border wall built of steel slats that he claims would be “totally effective while at the same time beautiful,” a prototype tested by the Homeland Security Department was proven to be vulnerable to a saw.

A photograph taken at "Pogo Row" along the California-Mexico border and obtained by NBC News shows the aftermath of the testing in which military and Border Patrol personnel were instructed to attempt to destroy the barrier prototype using common tools, as described in a DHS report.

Asked about the pictures yesterday, Trump said. “Well, that's a wall that was designed by previous administrations.”

Trump added, “There's nothing that can't be penetrated, but you fix it. But it's a very difficult thing to do.”

He continued, “Even concrete -- there's acid that can go through concrete. But what you do is you fix it. And it very much limits. It's very, very hard. The wall that we're doing is very, very hard to penetrate.”

NO PAYDAY TODAY: As the partial government shutdown stretches into its 21st day, it is now tied for the longest shutdown in U.S. history. Today will also mark the first missed payday for about 800,000 furloughed workers and essential employees are working without pay.

TRANSGENDER RULING COMING: Court watchers anticipate a decision from the Supreme Court as early as tomorrow whether to accept the Trump Administration’s appeal of preliminary injunctions that currently prevent implementation of a transgender military ban. The court could also issue a stay of the injunctions.

The Palm Center, which opposes the Trump administration policy, has released a memo describing four possible Supreme Court actions, and analyzing their impact.

“If allowed to go into effect, the [former Defense Secretary Jim] Mattis policy would be ‘Don’t Ask, Don’t Tell’ for transgender troops,” said Palm Center Director Aaron Belkin. “For over two years, inclusive policy has been a success and to whipsaw military personnel policy back towards discrimination is damaging to military readiness and ultimately degrades the safety and security of the United States.”

AIR FORCE ACCEPTS FLAWED TANKERS: The Air Force announced yesterday it has accepted the first KC-46A aerial refueling tanker from Boeing more than two years after originally scheduled and despite outstanding “deficiencies” that were identified during testing and must be fixed. But addressing the problems, such as the camera system used in refueling operations, could take years to solve.

“We have identified, and Boeing has agreed to fix at its expense, deficiencies discovered in developmental testing of the remote vision system,” Air Force spokesperson Capt. Hope Cronin said in a statement. “The Air Force has mechanisms in place to ensure Boeing meets its contractual obligations while we continue with initial operational testing and evaluation.”

The Air Force can also withhold up to $28 million for each of the 52 tankers Boeing is on contract to help guarantee the fixes are made. A formal delivery ceremony at McConnell Air Force Base in Kansas is expected later this month for the first four tankers.

FIT FOR DUTY? President Trump is due for his routine physical. President Trump is nearing the one-year mark since his last routine medical checkup, an endeavor that last year provoked speculation and commentary about whether the commander-in-chief is physically and mentally up to the job.

The White House has not provided the Washington Examiner with an answer to the question whether Trump plans to have his annual exam at Walter Reed National Military Medical Center in Bethesda, Md., or whether he will release his medical records to the public, as he did around this time last year, despite multiple inquiries.

COAST GUARD SHARES SHUTDOWN TIPS: The Coast Guard's employee support program is suggesting workers not getting paid due the partial government shutdown hold a garage sale, babysit, and list unwanted items in a newspaper or online. “Have a garage sale — clean out your attic, basements, and closets at the same time,” a tip sheet from the Coast Guard Support Program recommended. The memo also suggests selling “unwanted, larger ticket items through the newspaper or online” and recommends offering to “watch children, walk pets, or house-sit.”

Although other military services have not been impacted by the partial shutdown because they are funded by the Department of Defense, the Coast Guard receives funding from the Department of Homeland Security — one of the agencies impacted by the partial shutdown. The tip sheet, entitled "Managing Your Finances During a Furlough,” applies specifically to the 8,500 civilians who comprise the Coast Guard’s workforce.

The tip sheet was ultimately removed because it does not “reflect the Coast Guard’s current efforts to support our workforce during this lapse in appropriations,” Coast Guard spokesperson Lt. Cmdr. Scott McBride told The Washington Post.

OFFICER CHEATS NAVY OUT OF $2.7M: Naval officer Lt. Randolph Prince, who prosecutors say cheated the government out of $2.7 million to purchase luxury vehicles among other things, was sentenced to more than four years behind bars, the Virginian-Pilot reports. Prince, who pleaded guilty in August to wire fraud and to making a false statement on his tax returns in 2014, helped direct government contracts for fake bombs known as “inert training aids” with fictitious companies run by his co-conspirators.

The bombs were never delivered, but the Navy paid for them because they were marked as delivered. Prince, who must also pay $2,719,907 in restitution as part of his sentencing, used the money to purchase luxury vehicles, a second home, and supplement his high-stakes poker habits.

THE RUNDOWN

Army Times: The Army and Marine Corps are looking at what troops will need to fight in megacities, underground

Army Times: The past decade of war has eroded the decision-making confidence of young leaders, Army general says

Defense Blog: Megacities – daunting challenges to future of world combat operations

Defense News: Air power and the Arctic: The importance of projecting strength in the north



Military Times: Vets working without pay: Government shutdown leaves hundreds of thousands in the lurch

Military.com: More Than 17,000 Uniformed Medical Jobs Eyed for Elimination

Military & Aerospace: U.S. military logistics vulnerable to cyber attacks and space warfare; not ready for future war

NBC San Diego: San Diego Patients to See Reform in Military Health System

The National Interest: How the U.S. Military Slowly Fell in Love with Glock

Space News: Independent study raises red flags about Space Force as a separate military department

Stars And Stripes: After years of talks, Japan to buy island for US aircraft-carrier landing practice

Task & Purpose: Stolen Valor Will Now Get You Up To A Year In The Slammer, And Other Major UCMJ Changes That Took Effect This Year

Washington Post: Pompeo uses Obama as foil in sweeping Middle East speech

ProPublica: Can the U.S. Military Build a Border Wall Even as It Struggles to Rebuild Itself?