Judge blasts Air Force over denying vaccine religious exemption requests, grants injunction
U.S. District Court Judge Tilman Self, III, is the first to stop the U.S. Air Force from enforcing its military COVID-19 vaccine mandate on a service member. Self granted a preliminary injunction against the U.S. Department of Defense on behalf of an Air Force officer who’d been denied a religious exemption to the mandate. As a result, the DOD can’t enforce the mandate or take any adverse action against her, including forcing her to retire. At the beginning of his 32-page order, the judge describes how the plaintiff’s chain of command justified why she was denied a religious exemption: “Your religious beliefs are sincere. It’s just not compatible with military service.” “That’s about as blunt as it gets,” Self wrote in his ruling. “True, he undoubtedly spoke for himself, but when considering the Air Force’s abysmal record regarding religious accommodations requests, it turns out he was dead on target.” Although the Air Force has claimed to provide a religious accommodation process, “it proved to be nothing more than a quixotic quest for Plaintiff because it was ‘by all accounts, . . . theater,’” Self wrote, citing U.S. District Judge Reed O’Connor’s January 3, 2022, assessment in another case, U.S. Navy SEALs 1–26 v. Biden, on the U.S. Navy’s religious accommodation process, or lack thereof. In the Navy SEAL case, the latest filings received by the court as of February 4 reveal that out of 24,818 religious exemption requests the four branches received, only four were granted. While religious exemptions continued to be denied, 4,146 medical exemptions were granted. “Despite thousands of requests for religious exemption, the Air Force hadn’t granted a single one of them when Plaintiff filed her Complaint,” Self, who presides over the U.S. District Court for the Middle District of Georgia, Macon Division, said. At the end of the hearing on the preliminary injunction request, Self said he informed the parties that he’d closed the window to receive evidence. But six days later, the Biden administration ignored his decision. “Undeterred, Defendants filed the Declaration of Colonel Jason A. Holbrook … six days later, informing the Court that “as of February 4, 2022, nine . . . religious accommodation requests . . . have been approved within’ the Air Force,” he said. By adding this evidence, Self said, “That raises the Air Force’s percentage of granted religious exemptions from 0.00% to about 0.24%. So, suffice it to say, Defendants’ last-minute efforts to inject something new into the record doesn’t change the Court’s opinion because what Col. Holbrook’s declaration doesn’t tell the Court is when the Air Force granted these nine religious exemptions.” Since the Air Force didn’t state when the requests were granted, Self decided to find out for himself. He looked up the data on the Air Force’s COVID-19 website and discovered that as of January 31, 2022, “the Air Force had yet to approve a single religious exemption.” “In other words, the Air Force granted these nine exemptions in the last two weeks,” he said. Thomas More Society Senior Counsel Stephen Crampton notes that the Air Force had granted over 1,500 medical exemptions by the time they filed the lawsuit, but not one religious exemption had been granted. Self’s scathing rebuke was rendered in a case filed on January 6 by Thomas More Society on behalf of an officer who served her country for over 25 years. The lawsuit was filed against the U.S. Air Force and Secretary of Defense Lloyd Austin and alleges that the U.S. Military is violating the Religious Freedom Restoration Act, the First Amendment, and the Administrative Procedure Act. The officer objects to taking the COVID-19 shots due to their association with aborted fetal cells and filed for a religious exemption. Although she’s been willing and able to work remotely, wear a mask, and test periodically, the Air Force issued a final denial of her religious exemption request in December. When denying her appeal, she was given less than one week to decide to take the vaccine, submit a retirement request, or refuse the shot in writing. The Air Force also informed her that “any refusal to receive a COVID-19 vaccine, absent an approved exemption, may be punishable under the Uniform Code of Military Justice . . .” and that “continued refusal will result in involuntary reassignment to the Individual Ready Reserve without pay, benefits, or regular responsibilities,” according to the brief. The plaintiff argues the Air Force’s policy is forcing her to choose between her job and her faith, and the Constitution and RFRA protect her from having to make this choice. She argues that she “has a sincere religious belief that prohibits her from submitting to an injection of any of the presently available COVID-19 vaccines” and the Air Force’s requirement puts “substantial pressure” on her “to modify [her] behavior and to violate [her] beliefs.” Self said, “A classic case of ‘substantial pressures’ occurs when a person has to choose between her job and her religion,” and the Defendants “don’t say much in response” to this argument. “In fact, as of February 7, 2022, “the Air Force has administratively separated 142 active-duty Airmen” for refusing to take a vaccine,” he points out, citing Air Force data. “And, how could they?” he asks. “Very few scenarios paint a bleaker picture than giving up your livelihood in order to follow your religious beliefs.” Crampton said it’s “disgraceful how the military, in general, has disrespected fundamental First Amendment rights. We are grateful that the court has restored the Free Exercise rights of this courageous officer and are hopeful that her victory will help to protect the rights of conscientious objectors everywhere.” The lawsuit is one of many filed after Secretary of Defense Lloyd Austin issued an August 24 memo directing “the Secretaries of the Military Departments to immediately begin full vaccination of all members of the Armed Forces under DoD authority on active duty or in the Ready Reserve, including the National Guard, who are not fully vaccinated against COVID-19.” The White House and Austin have
Donald Trump steps up effort to dispute and distract on Russia
After weeks on the defensive, President Donald Trump has stepped up his efforts to dispute, downplay and distract from revelations stemming from the investigations into the Kremlin’s interference in last year’s election and possible Russian ties to his campaign associates. The White House says the real story is not about Russia — it’s about how Obama administration officials allegedly leaked and mishandled classified material about Americans. Trump and his aides have accused former officials of inappropriately disclosing — or “unmasking” — the names of Trump associates whose conversations were picked up by U.S. intelligences agencies. “Such amazing reporting on unmasking and the crooked scheme against us by @foxandfriends,” Trump tweeted Monday. ‘Spied on before nomination.’ The real story.” The White House has not pointed to any hard evidence to support such allegations, and instead has relied on media reports from some of the same publications Trump derides as “fake news.” The truth is buried somewhere in classified material that is illegal to disclose. Here’s a look at what the White House believes is the real story. __ THE FLYNN AFFAIR Trump fired national security adviser Michael Flynn following news reports that Flynn misled the White House about his contacts with Russia’s ambassador to the U.S. But the White House says the problem is that Flynn’s conversations were in the news at all. “The real story here is why are there so many illegal leaks coming out of Washington?” Trump tweeted after firing Flynn in February. The White House has called for investigations into the disclosure of multiple intercepted conversations that Flynn had with Ambassador Sergey Kislyak before the inauguration. The government routinely monitors the communications of foreign officials in the U.S. It’s illegal to publicly disclose such classified information. Officially, the White House said Flynn was forced to resign because he had given inaccurate descriptions of the discussions to Vice President Mike Pence and others in the White House. But Trump has continued to defend Flynn, suggesting he was only fired because information about his contacts came out in the media. “Michael Flynn, Gen. Flynn is a wonderful man,” Trump said. “I think he’s been treated very, very unfairly by the media.” ___ THE OBAMA ADMINISTRATION White House officials say some Obama holdovers are part of a so-called deep state out to tear Trump down. Last week, the White House latched onto a month-old television interview from an Obama administration official who said she encouraged congressional aides to gather as much information on Russia as possible before the inauguration. Evelyn Farkas, the former deputy assistant secretary of defense, said she feared that information “would disappear” after President Barack Obama left office. She was no longer in government at the time, having left the Pentagon about a year before the election. White House spokesman Sean Spicer called Farkas’ comments “devastating” and said they “raised serious concerns on whether or not there was an organized and widespread effort by the Obama administration to use and leak highly sensitive intelligence information for political purposes.” On Monday, Spicer suggested there should be more interest in a Bloomberg report in which anonymous U.S. officials said that Susan Rice, Obama’s national security adviser, asked for the identities of people related to Trump’s campaign and transition dozens of times. Spicer remarked that he was “somewhat intrigued by the lack of interest” in the Rice revelations. But he added: “I do think that it’s interesting, the level, or lack thereof, of interest in this subject.” As national security adviser, Rice would have regularly received intelligence reports and been able to request the identities of Americans whose communications were intercepted. ___ THE HILL WEIGHS IN The White House has embraced a top Republican’s assertion that information about Trump associates were improperly spread around the government in the final days of the Obama administration. It appears the White House played a role in helping House intelligence committee Chairman Devin Nunes, R-Calif., acquire some of that information. Nunes announced last week that he had seen intelligence reports showing that Trump aides’ communications were picked up through routine surveillance. But he said their identities may have been improperly revealed. The California congressman later said he viewed the reports at the White House. The White House contends that Nunes’ information — which has not been made public — validates Trump’s explosive claim that his predecessor wiretapped his New York skyscraper. Nunes has disputed that but still says he found the reports “troubling.” The White House’s apparent involvement in helping Nunes access the information has overshadowed what Trump officials contend are real concerns about how much information about Americans is disseminated in intelligence reports. Trump has asked the House and Senate intelligence committees to include the matter in their Russia investigations. ___ CAMPAIGN MODE Trump won the election, but thinks it’s his vanquished opponent whose ties to Russia should be investigated. Some of the White House’s allegations against Clinton stem from her four years as secretary of state, a role that gave her ample reasons to have frequent contacts with Russia. To deflect questions about Trump’s friendly rhetoric toward Russia, the White House points to the fact that Clinton was a central figure in the Obama administration’s attempt to “reset” relations with Moscow — an effort that crumbled after Vladimir Putin took back the presidency. “When you compare the two sides in terms of who’s actually engaging with Russia, trying to strengthen them, trying to act with them, trying to interact with them, it is night and day between our actions and her actions,” Spicer said. Rex Tillerson, Trump’s secretary of state, has deep ties to Russia from his time running ExxonMobil and cutting oil deals with Moscow. The White House has also tried to link Clinton to Russia’s purchase of a controlling stake in a mining company with operations in the U.S., arguing that she was responsible for “selling off one-fifth of our country’s uranium.” The Clinton-led State Department was among nine U.S. government agencies that had to approve the purchase of
After 2 months, Jim Mattis is only Donald Trump pick at Pentagon
Jim Mattis is not lonely in the Pentagon, but two months into his tenure as secretary of defense not a single political appointee has joined him. The retired Marine general, who took office just hours after President Donald Trump was sworn in, has sparred with the White House over choices for high-priority civilian positions that, while rarely visible to the public, are key to developing and implementing defense policy at home and abroad. When the Obama administration closed shop in January, only one of its top-tier Pentagon political appointees stayed in place — Robert Work, the deputy defense secretary. He agreed to remain until his successor is sworn in. So far, no nominee for deputy has been announced, let alone confirmed by the Senate. The administration has announced four nominees for senior Pentagon civilian jobs, and two of those later withdrew. Trump’s nominee to lead the Army, Vincent Viola, withdrew in early February because of financial entanglements, and about three weeks later Philip B. Bilden, the Navy secretary nominee, withdrew for similar reasons. On Tuesday, the White House announced it intends to nominate John J. Sullivan to be the Pentagon’s chief lawyer. In January, Trump announced former congresswoman Heather Wilson of New Mexico as his nominee to be Air Force secretary, but he has not submitted the nomination to the Senate. “The process has definitely slowed,” said Dov Zakheim, who served as the Pentagon budget chief during the George W. Bush administration. He said he would be surprised if Mattis gets any senior appointees confirmed before mid-April. “The delays are already causing much consternation among allies, especially in Europe and Southeast Asia, as their most senior working level day-to-day contacts – the deputy assistant secretaries — may not come onboard until the summer,” Zakheim said in an email exchange. “Lots of mayhem could take place before then.” This is not an issue at the Pentagon alone. While most of Trump’s choices for Cabinet and Cabinet-level posts have won Senate confirmation, 500-plus government-wide sub-Cabinet level positions requiring Senate confirmation remain unfilled. There are few visible signs that the absence of Trump appointments in the Pentagon has affected its management of the counter-Islamic State campaign or military operations in Afghanistan. But the president has ordered a number of major policy reviews that require senior-level Pentagon attention, including counter-IS strategy, nuclear and missile defense plans and a blueprint for building up and improving the combat-readiness of the military. Even Republicans are taking note. Rep. Mac Thornberry, chairman of the House Armed Services Committee, said at a hearing Wednesday that when lawmakers have nuclear policy questions, “we do not have people in place in the new administration to answer some of those questions.” Pentagon insiders say the appointment process, while contentious at times, has not produced significantly more friction than previous transitions in which the White House changed political parties. Democrat Barack Obama had fewer issues at the Pentagon when he took office in January 2009 because he kept in place Bush’s defense chief, Robert Gates, and Obama’s transition team quickly settled on nominees for key senior defense policy jobs. When Bush made Donald H. Rumsfeld his defense chief in January 2001, Rumsfeld did not get his policy chief, Douglas Feith, in place until July. Rumsfeld, however, had an advantage that Mattis does not: some of his predecessor’s senior staff agreed to remain for months. By Rumsfeld’s count, it took the Bush White House 70 days on average to approve a recommended nominee, plus 52 more days for Senate confirmation. A Pentagon spokesman, Navy Capt. Jeff Davis, said Mattis is committed to getting the right people in key jobs. “He and his staff are actively conducting interviews and working collaboratively with the White House to nominate people to the Senate for confirmation,” Davis said. “We are in the final stages of vetting on several of these, and expect they will be announced soon.” Walter Slocombe, who served as policy chief at the Pentagon during Bill Clinton‘s presidency, said the appointments process is unavoidably sluggish because of extensive political and security vetting. “Having said that, it’s a very bad idea that it takes so long,” he said. Career civil servants can fill the void for a time, but their power is limited. “They’ll do enough to keep the engine turning over and be a big help in a crisis, but they’re not able to take the lead on policy formation,” he added. Mattis has said little publicly about the pace of getting a new team installed, but officials familiar with the process say he and the White House have been at loggerheads on some picks. The officials spoke on condition of anonymity to discuss internal deliberations. Mattis may be about to prevail in one important appointment — Anne W. Patterson, a career diplomat and former ambassador to Egypt and Pakistan who recently retired after serving as the State Department’s assistant secretary for near eastern affairs. Officials expect her to be announced soon as Trump’s nominee to serve as undersecretary of defense for policy, a position of broad responsibility for steering policy. Critics, including some Republicans, opposed her selection on grounds that as ambassador in Cairo she was too accommodating to former Egyptian President Mohamed Morsi and the Muslim Brotherhood. Among other key Pentagon offices still without a presidentially appointed leader: intelligence, budget chief, weapons buyer, technology chief and personnel policy. These and other top positions were vacated by Obama appointees at the end of his term or earlier last year; they are now run by holdover officials in what the Pentagon calls a “performing the duties” status, meaning they can do the work unless it involves a duty that by law can be performed only by a Senate-confirmed appointee. Republished with permission of The Associated Press.
Jeff Sessions, Mike Pompeo, Mike Flynn picked by Donald Trump for top jobs
President-elect Donald Trump is announcing his choices for three key administration jobs Friday, naming Alabama Sen. Jeff Sessions for attorney general, Kansas Rep. Mike Pompeo to head the CIA and former military intelligence chief Michael Flynn as his national security adviser. All three have been fierce critics of President Barack Obama and current U.S. policy. In tapping Sessions and Flynn, Trump is also rewarding a pair of loyalists who were among his most ardent supporters during the presidential campaign. Trump planned to announce the picks Friday, according to a senior transition official. The official insisted on anonymity in order to disclose the decisions ahead of Trump’s announcement. Sessions and Pompeo would both require Senate confirmation before assuming their designated roles; Flynn would not. There could be some hurdles for Sessions, even with Republicans in control of the chamber. When Sessions was nominated to be a federal judge in 1986, he was dogged by racist comments he was accused of making while serving as U.S. attorney in Alabama. “Mr. Sessions is a throwback to a shameful era, which I know both black and white Americans thought was in our past,” the late Massachusetts Democrat, Sen. Edward Kennedy, said during the 1986 confirmation hearing. “It is inconceivable to me that a person of this attitude is qualified to be a U.S. attorney, let alone a U.S. federal judge.” During the hearing, a former assistant U.S. attorney, Thomas Figures, who is black, said Sessions referred to him as “boy,” and told him to be careful what he said to “white folks.” Sessions said he never called Figures “boy,” but Kennedy produced a letter from an organization of black lawyers that said Figures made the allegation about Sessions to the organization’s investigators at least twice. Sessions told the committee that he told Figures to be careful what he said to “folks.” Sessions later withdrew from consideration, though he went on to become state attorney general and won election to the Senate in 1996. Pompeo is a conservative Republican and a fierce critic of President Barack Obama‘s nuclear deal with Iran. Flynn was a fierce critic of President Barack Obama’s military and foreign policy long before he began advising Trump on national security issues during the presidential campaign. While the position of national security adviser doesn’t require Senate confirmation, Flynn would work in the West Wing and have frequent access to the president. Flynn, who turns 58 next month, had built a reputation as an astute intelligence professional and straight talker when he became the director of the Defense Intelligence Agency in 2012. After retiring two years later, he made clear he took issue with the Obama administration’s approach to global affairs and fighting Islamic State militants. Flynn has called for Washington to work more closely with Moscow, echoing similar statements from Trump. But his warmth toward Russia has worried some national security experts. Flynn traveled last year to Moscow, where he joined Russian President Vladimir Putin and other officials in a celebration of RT, a television channel funded by the Russian government. He later explained that he had been paid for taking part in the event, but brushed aside concerns that he was aiding a Russian propaganda effort. Trump is a foreign policy novice and his early moves on national security are being closely watched both in the U.S. and overseas. He’s said to be considering a range of officials with varying degrees of experience to lead the State Department and Pentagon. Trump has also consulted with former Secretary of State Henry Kissinger and sat down with South Carolina Gov. Nikki Haley, a potential contender to lead the State Department. In a separate gesture of reconciliation with establishment Republicans, Trump planned to meet with 2012 Republican presidential nominee Mitt Romney, who lambasted Trump as a “con man” and a “fraud” in a stinging speech in March. Trump responded by repeatedly referring to Romney as a “loser.” The two began mending fences after Trump’s victory when Romney called with congratulations. They are to meet this weekend, a transition official said, speaking on condition of anonymity because he wasn’t authorized to discuss Trump’s schedule publicly. Campaign manager Kellyanne Conway said they were still “working on” the meeting. Trump’s actions Thursday aimed to show that he could soften his rhetoric, offer pragmatism in the White House and reaffirm long-standing American alliances. Since his stunning victory over Hillary Clinton last week, Trump has spoken with Russian President Vladimir Putin, British Prime Minister Theresa May and nearly three dozen other world leaders by telephone. Ron Dermer, Israel’s ambassador to the United States, also visited the Trump Tower and called the billionaire businessman “a true friend of Israel.” He specifically cited as another “friend” Trump campaign CEO Steve Bannon, whose selection as a top White House adviser has created a backlash among Democrats. Bannon’s news website has peddled conspiracy theories, white nationalism and anti-Semitism. “We look forward to working with the Trump administration, with all the members of the Trump administration, including Steve Bannon, in making the U.S.-Israel alliance stronger than ever,” Dermer said. Trump, a reality television star, business mogul and political newcomer, also rolled out new teams that will interact with the State Department, Pentagon, Justice Department and other national security agencies as part of the government transition before his Jan. 20 inauguration. Republished with permission of The Associated Press.
GOP-led House moves ahead with bill to boost military budget
Defying a veto threat, the GOP-led House is pressing ahead with debate on a $602 billion defense policy bill that seeks to halt an erosion of the U.S. military’s combat readiness by purchasing more weapons and forbidding further cuts in troop levels. The legislation also proposes greater oversight of the White House’s National Security Council, prohibits prisoners held at the Guantanamo Bay, Cuba, detention facility from being moved to the U.S., and gives U.S. service members a higher pay raise than the Pentagon recommended. A vote on the bill is expected Wednesday. In a 17-page statement on the policy bill, the White House detailed its objections to numerous provisions and said President Barack Obama would reject the legislation if it reached his desk. Among the measures the Obama administration opposes is a Republican plan to shift $18 billion in wartime spending to pay for additional ships, jet fighters, helicopters and more that the Pentagon didn’t request. To make up for the shortfall in the wartime account, Obama’s successor would submit a supplemental budget to Congress in early 2017, according to U.S. Rep. Mac Thornberry, R-Texas, the plan’s architect and the chairman of the House Armed Services Committee. He and other proponents of the spending increase say it is essential to halt a decline in the military’s ability to respond to global threats that has worsened on Obama’s watch. But Defense Secretary Ash Carter has called the plan a “road to nowhere” that actually degrades combat readiness by retaining troops and buying equipment that can’t be sustained, effectively creating a hollowed out force. In a speech Tuesday, Carter said that the proposal “risks stability and gambles with war funding, jeopardizes readiness, and rejects key judgments of the (Defense) Department.” The House bill would block reductions in the number of active-duty troops by prohibiting the Army from falling below 480,000 active-duty soldiers and adding 7,000 service members to the Air Force and Marine Corps. The legislation also approves a 2.1 percent pay raise for the troops — a half-percentage point higher than the Pentagon asked for in its budget submission. Republicans sidestepped a thorny debate over whether women should be required to sign up for a potential draft after the House Rules Committee stripped from the bill a provision to erase Selective Service gender restrictions. In its place was a measure to study whether the Selective Service is even needed at a time when the armed forces get plenty of qualified volunteers, making the possibility of a draft remote. The U.S. has not had a military draft since 1973, in the waning years of the Vietnam War era. A growing number of lawmakers have suggested abolishing the Selective Service, which costs $23 million a year to operate. “It’s like rethinking dinosaurs,” said U.S. Sen. John McCain, R-Ariz., the chairman of the Senate Armed Services Committee. “They’re not coming back. The draft is not coming back.” Republicans approved an amendment authored by Thornberry to curb what they say is micromanagement of military operations by National Security Council staff. Thornberry said he has personally heard from troops in combat who have received intimidating calls from junior White House staffers even though their role is to coordinate policy and advise the president. To increase oversight and accountability, Senate confirmation of the president’s national security adviser would be required if the size of the National Security Council staff exceeds 100 employees, according to the amendment. Republicans have inserted into the bill a longstanding ban on moving prisoners held at Guantanamo Bay to the United States. The embargo has kept Obama from fulfilling a campaign pledge to shutter the facility. The White House said the restrictions interfere with the executive branch’s authority to decide when and where to prosecute prisoners. The legislation also rejects the Pentagon’s request for another base closure round and adds money to restore and modernize military facilities. The Defense Department wants to shutter excess bases and installations and use the savings to strengthen the armed forces. Republished with permission of The Associated Press.
Terri Sewell visit Alabama troops in Iraq
Next week she heads back to Capitol Hill, this week Congresswoman Terri Sewell (AL-07), a second-term member of the House Permanent Select Committee on Intelligence, took time to meet with members of the Alabama National Guard’s 20th Special Forces unit, part of U.S. Special Operations Command that is currently deployed in the Kurdish Region of Northern Iraq, during a four-day trip to the country. There, Sewell received oversight briefings on the current U.S. Department of Defense training mission with Syrian fighters and the Iraqi Army. “Our brave men and women in uniform play an integral role in Iraq, and my visit to Ebril and Baghdad deepened my appreciation for the sacrifices they have made to protect our country,” Sewell said of the men and women she met on her trip. “I was especially honored to meet with members of the Alabama National Guard’s 20th Special Forces division, and to learn more about their vital mission in Iraq. I want to thank these remarkable Alabama National Guardsmen for their exemplary service to our nation during their deployment in Iraq. I am especially proud to acknowledge the critical role that Alabama troops are playing in the fight against global terrorism.” Sewell continued, “As a member of the House Intelligence Committee, one of my most sacred duties is to ensure that every vote I make supports and advances our national security. Freedom is not free, and members of the armed forces deserve special recognition for their service and sacrifice. We in Alabama are doing our part.” Congresswoman Terri Sewell with American leadership in Iraq, including General Mark Odom who is the Combined Joint Operations Center Commander in Northern Iraq.
