IT’S THE COVER-UP THAT GETS YOU: Defense Secretary Lloyd Austin remains in the hospital this morning, eight days after suffering severe pain following an undisclosed medical procedure, and is still facing bipartisan opprobrium for attempting to keep his health crisis secret, even from his boss President Joe Biden.

“I remain concerned that vital chain of command and notification procedures were not followed while the secretary was under medical care. He is taking responsibility for the situation, but this was a serious incident, and there needs to be transparency and accountability from the department,” Sen. Jack Reed (D-RI), chairman of the Senate Armed Services Committee, said in a statement. “This lack of disclosure must never happen again.”

The Pentagon has yet to disclose the nature of the elective procedure Austin underwent on Dec. 22 or give any details about the subsequent complication other than to say he was “in a lot of pain” but is now back on the job from his hospital bed.

“The secretary currently remains hospitalized at Walter Reed National Military Medical Center and is recovering well and in good spirits,” Maj. Gen. Pat Ryder, the Pentagon’s chief spokesman, said. “He is no longer in the Intensive Care Unit but is recovering in a more private area of the hospital. He continues to experience discomfort, but his prognosis is good.”

LLOYD AUSTIN HOSPITALIZATION: TIMELINE OF HOW WHITE HOUSE WAS LEFT IN THE DARK

RYDER: ‘I KNOW WHAT RIGHT LOOKS LIKE’: In a lengthy off-camera session with Pentagon reporters yesterday, Ryder acknowledged he did not serve his boss or the public well by failing to disclose Austin’s hospitalization when he was told about it the day after it occurred.

“I recognize that I should have tried to learn more and to press for an earlier public acknowledgment,” Ryder said. “So I offer my apologies and my pledge to learn from this experience.”

“In retrospect, I should have asked those harder questions,” he said. “I can tell you personally and professionally, again, I’ve been doing public affairs for a very long time, and so I know what right looks like, and even though you do this for a while, you can continue to learn. And so, I will do better next time. That’s my pledge to you all.”

Speaking to reporters aboard Air Force One, National Security Council spokesman John Kirby said the president “respects the fact that Secretary Austin took ownership for the lack of transparency” and insisted his job was safe.

“[Biden] respects the amazing job he’s done as defense secretary and how he’s handled multiple crises over the last almost three years now and very much values his advice, candor, leadership,” Kirby said. “There is no plan for anything other than for Secretary Austin to stay in the job and continue in the leadership that he’s been demonstrating.”

WHITE HOUSE TO ‘LOOK AT PROCESS AND PROCEDURE’ OF LLOYD AUSTIN’S SECRET HOSPITALIZATION

THE FALLOUT IS NOT OVER: While Austin has taken responsibility for the debacle and promised to do better, the failure to follow normal protocol has raised questions about Austin’s chief of staff, Kelly Magsamen, whose responsibility it would have been to make the necessary notifications. Magsamen, who was out sick, was informed of Austin’s hospitalization on Jan. 2 but didn’t tell the White House until Jan. 4. 

“I work every day with Chief Magsamen and you’re not going to meet anybody that works harder than her. And she was ill with the flu,” Ryder told reporters. “And so not standing up here looking to make excuses other than, you know, the explanation for why there was a delay and the fact that we know we can do better and we’re committed to doing better so.”

On Capitol Hill, some Republicans have jumped on the failure to call for Austin’s firing or resignation. “It is shocking and absolutely unacceptable that the Department of Defense waited multiple days to notify the president, the National Security Council, and the American people that Defense Secretary Austin was hospitalized and unable to perform his duties,” said Rep. Elise Stefanik (R-NY). “This concerning lack of transparency exemplifies a shocking lack of judgment and a significant national security threat. There must be full accountability beginning with the immediate resignation of Secretary Austin and those that lied for him and a congressional investigation into this dangerous dereliction of duty.”

Rep. Matt Rosendale (R-MT) went a step further, filing articles of impeachment against Austin, alleging action amounted to “high crimes and misdemeanors.”

“Sec. Austin has violated his oath of office time and time again and has jeopardized the lives of the American people,” Rosendale said, accusing Austin of lying about the Chinese spy balloon that overflew his state last year and again about his health.  

“Austin knowingly put the American people in danger and compromised our national security when he allowed a spy balloon from a foreign adversary to fly over Malmstrom Air Force Base,” Rosendale said.  “This dishonesty seems to be a repeated pattern for the secretary as he once again lied to our military and the American people about his health last week.”

The Pentagon said Austin has not offered his resignation to the president and has no intention of stepping down. 

EDITORIAL: AUSTIN GOES AWOL

Good Tuesday morning and welcome to Jamie McIntyre’s Daily on Defense, written and compiled by Washington Examiner National Security Senior Writer Jamie McIntyre (@jamiejmcintyre) and edited by Conrad Hoyt. Email here with tips, suggestions, calendar items, and anything else. Sign up or read current and back issues at DailyonDefense.com. If signing up doesn’t work, shoot us an email and we’ll add you to our list. And be sure to follow me on Threads and/or on X @jamiejmcintyre

HAPPENING TODAY: Former President Donald Trump plans to attend this morning’s arguments before the U.S. Court of Appeals for the D.C. Circuit in the landmark case in which the ex-president claims he enjoys total immunity for any actions while in office, including charges that he worked to overturn the results of the 2020 election that he lost.

The appeals court ruling will likely set the stage for the Supreme Court to settle the issue later this year. Meanwhile, the March 4 criminal case against Trump brought by special counsel Jack Smith has been paused until the courts resolve the constitutional question. 

“A president who unlawfully seeks to retain power through criminal means unchecked by potential criminal prosecution could jeopardize both the presidency itself and the very foundations of our democratic system of governance,” Smith’s team wrote in a legal brief filed prior to the court hearing. “Immunity from criminal prosecution would be particularly dangerous where, as here, the former president is alleged to have engaged in criminal conduct aimed at overturning the results of a presidential election to remain in office beyond the allotted term.”

“Of course I was entitled, as President of the United States and Commander in Chief, to Immunity,” Trump wrote in a social media post. “I was looking for voter fraud, and finding it, which is my obligation to do, and otherwise running our Country.”

TRUMP BID FOR IMMUNITY REJECTED IN E. JEAN CARROLL CASE, MAKING SUPREME COURT LAST OPTION

BLINKEN IN ISRAEL: Secretary of State Antony Blinken is in Israel, where he has told Israeli President Isaac Herzog that he has secured commitments from four Arab nations and Turkey to help rebuild Gaza after the war.

“I’ve just come from a number of countries in the region – Türkiye, Greece, Jordan, Qatar, United Arab Emirates, Saudi Arabia – and I want to be able to share some of what I heard from those leaders with the president, as well as with the prime minister and the Cabinet later today,” Blinken said. “And, of course, we’ll have an opportunity to sit with the families of some of the hostages and discuss our relentless efforts to bring everyone home and back with their families.  

Blinken continues to press Israel to transition to a more precise, targeted offensive aimed at Hamas leaders while limiting destruction and civilian deaths. But Israel has vowed to keep going until it has destroyed Hamas.

At a campaign event in Charleston, South Carolina, President Joe Biden was interrupted by a protester who shouted that if Biden really cared about Palestinian lives, he would call for a ceasefire.

“Look, folks, I understand you’re — I understand their passion,” Biden told the crowd at the Mother Emanuel AME Church. “And I’ve been quietly working — I’ve been quietly working with the Israeli government to get them to reduce and significantly get out of Gaza, using all that I can to do that.”

ISRAEL’S HERZOG UNVEILS ALLEGED HAMAS MEMO DETAILING ‘TERRORIST SUMMER CAMPS’

REALITY CHECK: The $1.59 topline budget deal that House Speaker Mike Johnson (R-LA) made with Senate Majority Leader Chuck Schumer (D-NY) over the weekend is not going down well with many House Republicans, who argue that Democrats have barely made any concessions, especially when it comes to border security.

Some, such as Rep. Chip Roy (R-TX), are still threatening to shut down the government in less than two weeks if the Senate doesn’t agree to the amnesty reform contained in H.R. 2, the House border bill passed last year.

“It’s the only tool we have,” Roy said on Fox yesterday. “I’m not trying to rattle about shutdown for the sake of it, but the people I represent, they’re like, ‘Good lord, shut down the border or shut down the government until you wake up President Biden.’”

“I don’t think we should be funding the government without getting change,” Roy said. “I sure don’t think we ought to be giving more money to Ukraine without forcing the change at the border we need to.”

“At some point, being in the majority has to matter,” Rep. Nancy Mace (R-SC) said on Fox. “Right now, all we have is a top-line number… The devil is always in the details. And if this deal is anything like the horrific debt ceiling deal last year, it’s going to be a very painful pill for Republicans to swallow.”

But Democrats argue they hold the cards when it comes to preventing a government shutdown.

“I actually tip my hat to the new speaker for yielding to reality. No budget can pass the House of Representatives without overwhelming Democratic support. That is a fact of the math,” Rep. Gerry Connolly (D-VA) said on CNN. “It’s going to create problems for him, just like it did Kevin McCarthy on the right side of his caucus, which is never happy with any budget agreement or with any appropriations bill. And he’s got to bypass them and risk his own speakership in doing so. So I think, you know, he deserves credit for at least recognizing the reality and making sure that we can come to an agreement that keeps the government open.”

“Democrats time and time again have stepped forward when it was necessary to ensure the proper function of government,” Rep. Abigail Spanberger (D-VA) said on MSNBC. “So, my expectation is, as long as Speaker Johnson brings this bill to the floor, it will pass, and it will likely, as has been the case in prior continuing resolutions and in prior efforts to avoid catastrophe, the vast majority or at least the majority of those votes will likely come from Democrats.”

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

THE RUNDOWN: 

Washington Examiner: White House to ‘look at process and procedure’ of Lloyd Austin’s secret hospitalization

Washington Examiner: Lloyd Austin hospitalization: Timeline of how White House was left in the dark

Washington Examiner: Editorial: Austin goes AWOL

Washington Examiner: Embattled Mayorkas makes rare appeal to border agents amid worsening crisis

Washington Examiner: Senate Republicans schedule Wednesday briefing on the border

Washington Examiner: Arizona Democratic Gov. Katie Hobbs blasts border security failures under Biden term

Washington Examiner: Israel’s Herzog unveils alleged Hamas memo detailing ‘terrorist summer camps’

CNN: Marine Corps Says Commandant Underwent Successful Open-Heart Surgery

Bloomberg: US Intelligence Shows Flawed China Missiles Led Xi to Purge Army

Washington Times: Taiwan’s Defense Ministry issues an alert saying China has launched a satellite and urging caution

AP: China sanctions 5 US defense companies in response to US sanctions and arms sales to Taiwan

Wall Street Journal: Chinese Intelligence Says It Has Detained Spy Hired by Britain

Air Force Times: US Air Force Logistics Officer Talks Basing, Drones in the Pacific

Task & Purpose: Iraq’s Prime Minister Seeks to End US Troop Presence Following Baghdad Strike

AP: With each strike, fears grow that Israel, the US and Iran’s allies are inching closer to all-out war

New York Times: After Niger Coup, US Scrambles to Keep a Vital Air Base

AP: US Fighter Jets Fly over Bosnia in a Sign of Support to the Country as Serbs Call for Secession

Military.com: Wanted: Airmen and Guardians Urged to Apply to Grueling Army Ranger School

Breaking Defense: ‘Urgent Need’: Army ‘Space Vision’ Calls for New Investment in Kit, Personnel

Air & Space Forces Magazine: SDA Selects a New Contractor to Build 18 More Transport Layer Satellites

Air & Space Forces Magazine: Red Skies: Space Force Launches New Orbital Warfare Exercise

DefenseScoop: Space Force Taps Microsoft to Build Cloud-Based, Simulated Space Environment

THE CALENDAR:

TUESDAY | JANUARY 9

9:30 a.m. 333 Constitution Ave. NW — U.S. Court of Appeals for the D.C. Circuit holds oral arguments for United States of America v. Donald J. Trump. Audio livestream at https://www.youtube.com/USCourtsCADC

9 a.m. — Center for Strategic and International Studies and the Japan Institute of International Affairs virtual 2024 U.S.-Japan Security Seminar,” with Japanese Foreign Affairs Minister Kamikawa Yoko (via video); former Assistant Secretary of Defense for Indo-Pacific Security Affairs David Shear, CSIS senior associate non-resident Japan chair; Kazuyoshi Umemoto, president of the Japan Foundation; J. Thomas Schieffer, founder and president of Envoy International LLC; and Christopher Johnstone, CSIS senior adviser and Japan chair https://www.csis.org/events/2024-us-japan-security-seminar

10 a.m. — Atlantic Council virtual discussion:  “The myth of the failed counteroffensive and accommodating an aggressive Kremlin,” with retired Air Force Gen. Philip Breedlove, former supreme allied commander Europe; Luke Coffey, senior fellow at the Hudson Institute; Hanna Shelest, director of security programs at the Foreign Policy Council’s Ukrainian Prism, editor-in-chief of UA: Ukraine Analytica; and John Herbst, senior director of the Atlantic Council’s Eurasia Center https://www.atlanticcouncil.org/event/the-myth-of-the-failed-counteroffensive

11:30 a.m. — Center for Strategic and International Studies Wadhwani Center for AI and Advanced Technologies virtual discussion: “The State of DOD AI and Autonomy Policy,” with Michael Horowitz, deputy assistant secretary of defense for force development and emerging capabilities https://www.csis.org/events/state-dod-ai-and-autonomy-policy

12 p.m. 2799 Richmond Hwy., Arlington, Virginia — Surface Navy Association 36th National Symposium, with Vice Adm. Brendan McLane, commander, Naval Surface Forces, U.S. Pacific Fleet; and Chief of Naval Operations Adm. Lisa Franchetti delivers keynote address https://navysnaevents.org/national-symposium

6:30 p.m. — House of Representatives returns

WEDNESDAY | JANUARY 10

9 a.m. 2799 Richmond Highway, Arlington, Virginia — Surface Navy Association 36th National Symposium, with Sen. Angus King (I-ME); Navy Secretary Carlos Del Toro; and Coast Guard Commandant Adm. Linda Fagan https://navysnaevents.org/national-symposium/

10 a.m. — Politico virtual discussion: “Turning Point for Taiwan: A Presidential Election Preview,” with Rep. Raja Krishnamoorthi (D-IL); Rep. Andy Barr (R-KY); Yun Fan, legislator of the Taiwanese Democratic Progressive Party; and Jason Hsu, fellow at the Harvard Kennedy School https://2024politicotaiwan.splashthat.com/Invite

2:30 p.m. 1030 15th St. NW — Atlantic Council’s Transatlantic Security Initiative and the Europe Center discussion with Bulgarian Defense Minister Todor Tagarev https://www.atlanticcouncil.org/event/a-conversation-with-the-minister-of-defense-of-bulgaria

4 p.m. — Common Good virtual discussion: “Palestine and Israel: Charting the Path to a Long Term Solution,” with Nathan Brown, Palestinian and Arab politics expert; and Richard Wolffe, author and journalist for the Guardian https://www.thecommongoodus.org/upcoming-events/palestine-and-israel

9 p.m. Des Moines, Iowa — Former Gov. Nikki Haley (R-SC) and Gov. Ron DeSantis (R-FL) take part in a Republican presidential primary debate at Drake University in Des Moines, Iowa, hosted by CNN and moderated by anchors Jake Tapper and Dana Bash https://www.cnn.com

THURSDAY | JANUARY 11

8:30 a.m. 2799 Richmond Highway, Arlington, Virginia — Surface Navy Association 36th National Symposium, with Jay Stefany, performing the duties of the assistant Navy secretary https://navysnaevents.org/national-symposium

10 a.m. — ​​Counter Extremism Project invites webinar: “Spying, Extorting and Filtering – How The Houthis Control Telecommunications In Yemen,” with Yemen specialist Ari Heistein, author of the CEP report series; Edmund Fitton-Brown, CEP senior adviser; and Hans-Jakob Schindler, CEP senior director https://us02web.zoom.us/webinar/register

10:30 a.m. — Defense Secretary Lloyd Austin welcomes Bulgarian Defense Minister Todor Tagarev to the Pentagon

11:30 a.m. 1616 Rhode Island Ave. NW — Center for Strategic and International Studies discussion: “Navigating Security Challenges in the Black Sea Region,” with Undersecretary of State for Public Diplomacy and Public Affairs Elizabeth Allen; Lisa Aronsson, research fellow at the National Defense University; Max Bergmann, director of the CSIS Europe, Russia, and Eurasia Program and Stuart Center; and Jeffrey Mankoff, senior associate for the CSIS Europe, Russia, and Eurasia Program https://www.csis.org/events/navigating-security-challenges-black-sea-region

12 p.m. — New America virtual discussion: “Guantanamo at Twenty-Two,” with Fionnuala Ni Aolain, university regents professor at University of Minnesota Law and former U.N. Special rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mohamedou Ould Slahi, former detainee at Guantanamo Bay and author of Guantanamo Diary; Andy Worthington, co-founder of Close Guantanamo and author of The Guantanamo Files: The Stories of the 774 Detainees in America’s Illegal Prison; and Peter Bergen, vice president of New America, co-director of the Arizona State University’s Future Security Initiative and ASU professor of practice https://www.newamerica.org/future-security/events/guantanamo-at-twenty-two

5 p.m. 1779 Massachusetts Ave. NW — Carnegie Endowment for International Peace in-person and virtual book discussion: Our Enemies Will Vanish: The Russian Invasion and Ukraine’s War of Independence, with author Yaroslav Trofimov, chief foreign affairs correspondent at the Wall Street Journal; and Susan Glasser, staff writer at the New Yorker https://carnegieendowment.org/2024/01/11/our-enemies-will-vanish

FRIDAY | JANUARY 12

8 a.m. 7500 GEOINT Drive, Springfield Virginia — Armed Forces Communications and Electronics Association Navy Information Warfare Industry Day conference, with session on “Joint Warfighting Concept: Navy’s Contribution to the Joint Force” https://www.afcea.org/events/navy-information-warfare-industry-day

10 a.m. — Center for Strategic and International Studies Defense-Industrial Initiatives Group virtual discussion: “Security in the Western Pacific: Building Future Capabilities in the Time of AUKUS,” with retired Marine Col. Mark Cancian, senior adviser, CSIS International Security Program; Charles Edel, CSIS senior adviser and Australia Chair; Becca Wasser, Senior fellow, Defense Program and lead of The Gaming Lab at the Center for a New American Security; and retired Rear Adm. Mark Montgomery, senior director, Center on Cyber and Technology Innovation and senior fellow, Foundation for Defense of Democracies https://www.csis.org/events/security-western-pacific

SATURDAY | JANUARY 13

Taiwan’s 2024 presidential election, a three-way race between Vice President William Lai of the ruling Democratic Progressive Party, New Taipei City Mayor Hou Yu-ih of the Kuomintang or Nationalist Party, and former Taipei City Mayor Ko Wen-je of the Taiwan People’s Party 

TUESDAY | JANUARY 16

11 a.m. — Defense Priorities virtual discussion: “Keeping the U.S. out of war in the Middle East,” with Andrew Bacevich, chair, Quincy Institute for Responsible Statecraft; Barbara Slavin, distinguished fellow, Stimson Center; Benjamin Friedman, policy director, Defense Priorities; and Daniel DePetris, fellow, Defense Priorities https://keepingusoutofwarinmiddleeast.splashthat.com