House passes Mattis waiver 268-151

The House on Friday approved a waiver that would allow retired Marine Gen. James Mattis to serve as defense secretary, sending the measure to the White House.

The vote was 268-151. Only 36 Democrats supported the bill after Trump’s transition team blocked Mattis from testifying before the House Armed Services Committee Thursday, despite the retired four-star general sailing through his Senate confirmation hearing earlier in the day.


The House vote came one day after the Senate easily passed the waiver, 81-17.

Congress’ swift approval of the waiver — needed to exempt Mattis from a federal law requiring military officers to wait seven years before serving as Defense secretary — puts Mattis in line to be part of the first batch of President-elect Donald Trump’s picks to be confirmed by the Senate as early as Inauguration Day.

White House press secretary Josh Earnest said Friday that Obama would sign the bill, if it’s sent to him before he leaves office next Friday.

“We can anticipate that if it did make it to the president’s desk, he would sign it,” Earnest said.

Congressional aides said it’s not yet clear whether the bill will go to Obama next week or wait for Trump to be sworn in.

The bill was approved by the House Armed Services Committee on a party-line, 34-28 vote Thursday, with Democrats arguing the panel was abdicating its responsibilities by acting without being able to question Mattis.

On the House floor Friday, Democrats voiced a slew of objections with the process. In addition to not hearing from Mattis himself, Democrats expressed concern that the waiver doesn't mention Mattis by name, and could conceivably be applied to someone else. They also argued the waiver should clarify the applicability of the Uniform Code of Military Justice to the retired general.

"If we don't stand up for ourselves now, we're going to be rolled over countlessly," declared Rep. Adam Smith of Washington state, the ranking Democrat on the House Armed Services Committee.

"We all want to support Gen. Mattis. We want that bipartisan vote," Smith said. "The way to get that vote is to do what we said we were going to do and have him come before the Armed Services Committee."

"I will point out that Gen. Mattis is not God," Smith added.

Armed Services Chairman Mac Thornberry (R-Texas) acknowledged “legitimate complaints” with the process and wording of the waiver. But while he called the move by the Trump team “shortsighted,” Thornberry argued lawmakers should push ahead with the waiver to ensure there’s no gap in Pentagon leadership when Trump takes office.

"Even with those concerns, we have a responsibility to the men and women who serve, and I think we have a responsibility for the safety and security of every American," Thornberry said.

Duncan Hunter (R-Calif.) added that he shared Democrats concerns, but said lawmakers need to "rise above the slights."

"I think there's going to be a few more," Hunter said. "I think ... this future administration does not hold this body in the highest regard. That's going to become evident over the next four years."

The Senate had voted overwhelmingly for the waiver on Thursday, 81-17, with only Democrats opposing it. It cleared the floor just hours after the Armed Services Committee advanced the measure at the conclusion of Mattis’ confirmation hearing.

The Armed Services Committee and then the full Senate still have to approve Mattis, who won’t officially be nominated until Trump is sworn in. But he breezed through his confirmation hearing, and it’s clear he has wide, bipartisan support.

Even some Democrats who opposed the waiver praised the general.

“Let me say very bluntly, if there were ever a case for a waiver of that principle, it is you and this moment in our history,” said Sen. Richard Blumenthal of Connecticut, one of three Democrats to vote against the waiver in the committee.