before this is nothing aboutes a particular nominee. we and have kept the democracy l safe. and why make the same exception?'llti in it will be much easier to f do for any civilian and i urge all of my colleagues to do the same. i urge them to vote no. >> mr. president i her with a one time exception that requires the members of the

military rico seven years before herb appointed to the secretary of defense becausema general mattis as a live-in retired three years. it is a unique situation with the nomination holding to hearings with outside witnesses to discuss the history of the retirement t law and then this morning the nomination hearing with a wide range of defense challenges in he has so long and distinguished military career as a thoughtful and strategic thinker. wai design for civilian control

of the armed forces that was from general george marshall.es of it is extremely important we looked at the consequences the and the implications they may have on the future of relations. to be enshrined in the constitution with the revolutionary war to help insure the democracy remains in the hands of the people.bitig establishing the department of defense or any individual within tenures of the component of the armed services harry truman nominated former secretary of state and former chief of staff george marshall to serve as secretary of defense and ultimately wave

to that restriction is not to be construed in it is hereby expressed that after general marshall leaves the office of secretary defense app. nobody should be approved.al and then to make a determination in the case of general mattis. during the committee hearing the defense secretary is unique in the system acting as the commander-in-chief that the only civilian official operating in the

chain of command and like the president he or she is not an elected official so we must be very cautious of any actions that may inadvertently politicize the armed forces both democrats and republicans pahang or compromising that non-partisan nature featuring general officers advocating for president i am also concerned to join another reason lee retired the with a high-ranking national security positions into out the nation's history to be at the highest level to be

elected president but what concerns me is the totalse number of military to lead those organizations critical to national-security with the overall national security policy but there may be unintended consequences was ciller is similar military backgrounds crafting policy. in the course of the nomination supporting the waiver known for his war fighting skills with the department of defense to counterbalance the experience usually i would oppose because it could undermine the creation but these are not normal times.hat

testifying here earlier this week are arguing if not for the deep concern that there was a general waiver for general mattis. no question in my mind to be a stabilizing and moderating force with a security policy in the sound direction. we must be mindful of the president's action the a restriction was enacted into law and general george marshall received this exception.ed to t i would support a waiver toit serve as secretary of defense.

from the united states congress the professionalism prevail is a critical safeguard of the military control in this country. and having a profound duty to ensure following in protecting a the principles this country was founded. let me be very clear. for any future nominees the idea this is a generational exception i ask my colleagues on both sides of the aisle but the original

place -- ban that was in place now the threshold that is essential but at this point i would ask if the chairman could deal for a colloquy for that clear and thoughtful way that will guided the nomination but did the chairman could respond thanks for the up process to the nomination of general mattis one of the high points to have far baird generational exceptionmen.

and diane agree wholeheartedly with that sentiment. and i also agree they can for him is leadership from the armed services committee which resulted in a vote today of the armed services committee. did because of his leadership we have a very bipartisan committee inducers so because of the awesome responsibilities but the senator from rhode island has displayed time after time the willingness to work together and i feed this is the latest example.

with the transition and i know he did not reach this conclusion n us history for the origination of this legislation that requires seven years before the individual is eligible to be secretary of defense after leaving the military.e isl i just want to thank the senator from rhode island to the overwhelming vote and could ask a parliamentary situation? >> equally divided.

>> as time then set greg. >> there has not yet then an order. m >> i yield. >> one eyed believe that you do concur that with that generational exception. >> is it accurate to say that to 45:00 p.m. is seriously considered quick. >> we hope so and if we recognize the senator fore his comments to be on the schedule. >> ask unanimous consent i am allowed five minutes prior to the vote and the senator from rhode island the given five minutes prior

to the case prior to theje time of the vote to being set. >> without objection. >> i yield the floor. >> i still retain the floor a by april she eight the senator from arizona not allowing me five minutes but i would yield so that at the end then i would suggest we recognize the. >> with unanimous consent request before that i ask unanimous consent the time is equally divided to yield back and further the

disposition day recess subject to the call of the chair for the of members briefing i would ask the senator from oregon, time does he need quick. >> less than 10 minutes. the >> i am asking for unanimous consent. >> is there objection? >> without objection. >> i had to get unanimous consent request died be given five minutes. >> is there objection quite. >> i would yield 10 minutes. t >> mr. president we have a longstanding tradition of control of the of military

this was first symbolized by george washington is throughinea resigning his commander in chief role is a tradition or a moment in time that is reserved done nullo wall of the rotunda of the noble and insightful act full of the warnings of a standing army and military control at eye level. those comments came from thomas jefferson and hamilton and samuel adams. we came to the point in history where we realize that military force is necessary to preserve the

importance of civilian control. we did so for a host of important reasons that i think is worth restating it is important to have a t secretary who brings a broadia world view to include a civilian perspective to the position. and second come it is important not to politicize the officer ranks to have them competing to position themselves to hold the position of secretary of defense. a , third we do not want the services competing against each other this is why the joint chiefs of staff position is rotated on a specific schedule and if you

have the secretary of defense, from one military to say next time it is our turn. that is not the position. >>guest: to end up and also know that across the world countries wrestle with preserving democratic republics with machinery and to see a military coup and influence it is the desire of our country to model a republic by the people for b the people nodded nation that is controlled by the massive concentration of

power in the military. our many colleagues are learned in the history of the country that there is us set of circumstances than there was a sad exception once before in our history. , and that was the to appointment of george c. marshall to become secretary of defense following world war ii. think about how many circumstances reface it in the world to be put forward it was exceptional when they use the of planes to attack the twin towers had not won

plain gone down the additional target could have then the capital or the white house is exceptional moment fighting outside the isis or allocate the or when russia invades the ukraine to take over crimea or the exceptional moment almost continuously with the complex and changing world.civii so to maintain the principle of civilian control each time we violate this principle is easier to say it has been done before the conversation is not we did anyones half a century ago so we should do it again, wen did it twice once quite

recently when we were not facing a world crisis not with the couple hundred thousand people floating point negative fighting for the country so will get easier and more fragile that w is not the direction we should go. eisenhower warned about the overreaching of the military enterprise the military industrial complex one piece of the structure of government that has held back to maintain that principle of civilian control. can anyone want rise up to say out of those experienced individuals to have national security experience, that

there is not one who currently meets the 10 or seven years standard of separation? i'm sure there are hundreds that could meet the standard so here we are.t if if we could send a message we reject your efforts to reverse a rate control and send us someone who is qualified and if we feel they are so far out of the reach of reason which i am hearing from my colleagues that they are terrified the president-elect will nominate somebody who is said hinged to seize on this moment because they don't have the courage to turndown in reject individualt. nominated by the president-elect.mentary on the that is a sad commentary on

this body. to have advice and consent and under the advice and i consent clause who laid out a in is our responsibility to determine if they are fit to retain that power for any nomination for of a collective judgment of this body. chang suss sustain civilian control to reject. thank demister president.ot >> interest bonds due this senator to last if anybody was qualified to serve as secretary of defense, i am

absolutely certain there is. anybody as qualified the answer is no. i have watched general mattis and over the years and has seen the way they react to his leadership and the scholarly approach is taken into war and conflict help the senator from oregon would have a chance to get to know him and appreciate the unique qualities of leadership as they leave the world and the state of chaos d with the failure of leadership that is disgraceful. we now see how the outgoing president inherited a world that was not torn apart in

the middle east that the russians were not dismembering the ukraine to take cray be a gross violation and all of those have come about so now objects to one of the most highly qualified individuals and leaders in military history i say you are wrong. the overwhelming majority of this body will repudiating cancel out his every fall -- uninformed remarks. wheel will vote on a historic piece ofus legislation for the second time in seven decades of legislation before us provides an exception to the

law within seven years of active duty service with the regular commission officer of the arms forces, this legislation would allow of general james mattis who retired to serve it in that office but earlier today this session of armed services committee received testimony once again demonstrated exceptional command at the issues confronting the united states and department of defense and military service members. also his understanding of civil relations is deeper and commitment to the armed forces in is ironclad is character judgment and commitment to earn the of

next commander-in-chief general madness is the exceptional public servanttly with exceptional consideration that is why following the conclusion of today's hearing the senate armed services committee with an overwhelming bipartisan vote 24 / three.f i am not saying that they are smarter from the senator from oregon but i am saying that they have scrutinized both sides of the aisle at including the of ranking member many have known him for years and years as he has shown that outstanding characteristics of leadership that he had the

opportunity and of an overwhelming vote 24 / three. so obviously 24 people on the armed services committee to believe in general maddest -- mattis and thatmr is why from our colleagues from arizona to report this to the senate with the votet' 24 / three i urge them to follow suit. that said it is important toas understand this action as a bedrock principle of the p american government to celebrate the legacy of george washington and is

enshrined in the constitution -- and the president as commander-in-chief since then congress as adopted the provision in separating the positions. in the 19th century for example, congress prohibited the army officer from excepting an office in recently with subsequent revisions to with a seven year cooling-off period to serve as secretary of defense. only three years later to grant george marshall and exemption to the law and the senate confirmed him to be secretary of defense thatit separation has not always

been so clear 12 of the nation's presidents previously served as generals in the armed forces in over the yearshe high-ranking civilian officials have had long careers in military service. this simple enough but civilian leaders to be under no obligation but those military leaders to provide counsel while recognizing civilians have a final say insit but as general mattis once observed to insist to be heard but never obeid. but the relationship between of leaders is complex.quals a relationship of shared responsibility but the

stakes could not be higher personalities clash in the unique features of the peculiarities of the service cultures for those who have never served a in uniform and ultimately the key to relations of what they share in common to perform their respective duties and the candid exchange of views agenda by the trust which is vital to effective decision making and mutual respect and understanding. the proper balance of civil military relations his

difficult to achieve this pitchy that balance requires different leaders at different times. i believe in the dangerous times we live coverage general mattis is leader our nation needs as secretary of defense. that is why we must maintain safeguards i will support this legislation today and general mattis nomination to serve this nation and i would assure my friend who had very serious concerns this say one time deal. i know the senator had deep i ti concern of the old process

to put the confidence to be so exceptional. >> the majority time is expired. >> mr. president. >> two-stage gaidar t16 that the senate proceed to the consideration atr-72 and further there is 30 minutes of debate upon uh use with passing on the passage of h.r. 72 with no intervening action or debate.h and also to be laid upon the table with no intervening action or debate. >> we reserve the right to object.

>> i increase. >> mr. president is tied expired? >> i believe i have the floor. >> i believe i have the floor. >> the majority leader has the floor. >> all i am doing is setting up a vote for tuesday afternoon that is what i was asking is there objection? >> i reserve the right to object. i was very gracious to consent to grant me 10 minutes by colleague repeatedly brought me into the conversation refuse to yield so i ask unanimous consent those two minutes until close. objec

>> the objection is heard. >>. m >> i have five requests to have the approval of the majority and minority leaders. >> and the previous order reading the title of the bill a third time. >> mcdade limitation of secretary of defense really from active duty as a commissioned officer of thepr armed forces. >> and the previous order. >> is there a sufficient second?

>> the clerk will call the roll. >> the senate went on to pass that waiver before becoming defense secretary. the law states in active duty military officer must me in civilian service seven years before leaving the pentagon. they waived that block and now goes to the house for approval. this set is finished for the week and monday for thou holiday follow the senate live when members return on tuesday. into did a tribute to the vice president during the ceremony the president's surpriseth