Months later, Sen. Tommy Tuberville (R-AL) is still standing strong when it comes to his holds on military promotions and nominations in light of the Pentagon's illegal abortion policy that violates 10 U.S.C. 1093. Under the Biden administration, servicemembers and their dependents can receive paid time off for abortions, and travel expenses are covered if the abortion takes place out-of-state. There is no gestational limit. And all these months later, the administration is still attacking Tuberville.
During Tuesday's White House press briefing, NSC Coordinator for Strategic Communications John Kirby became quite heated as he took questions about those holds. While he reminded that he does not speak for the Pentagon, anymore, he nevertheless stood by the policy and insisted it does not violate the law. This includes the Hyde Amendment, which prohibits federal tax dollars from going towards paying for elective abortions.
"While I won’t speak for the Pentagon, I’m certainly just not going to let a lie and falsehood live on. It’s not a violation of the law. It is a legal policy," Kirby insisted.
He also tried to downplay the matter, saying "all that [the policy is] doing is providing some travel ability for female members of the military or their families. They’re stationed in a place where the laws are restricted. They can go get the reproductive care that they deserve, that they have every right to expect from the United States military," Kirby said, not referring to that "care" for what it actually is, abortion. That also doesn't address how taxpayer dollars are used.
Kirby made a curious suggestion, too. "Now, if he wants to take that up in Congress and pass new legislation, well, certainly, that’s the writ of Congress," he mentioned. It's not merely that Tuberville is protecting the right to life, but the rule of law, which the Biden administration has circumvented. Not only is the policy in violation of the law, but the senator has raised concerns that Congress has not voted to allow for such a policy.
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Kirby became even more agitated when a reporter also pointed out that "if the national security is truly at risk, as the administration says, then isn’t keeping that abortion policy in place, in effect, superseding national security?" Initially he was confused by the question, prompting the reporter to offer "you want to get the nominations through, right? You take back the policy and figure that out later."
"We should just turn our backs on one in five of every--every person in United States military, let alone their family members, just so we can get these--these officers confirmed," is how Kirby took the suggestion, equating abortion with such a fundamental part of being a member of the military. "And that just would be an egregious violation of the covenant that we make--the military makes with the people that sign up and volunteer," he continued to insist.
Kirby even equated abortion services with overall "healthcare."
"Remember this: They’re volunteers. There’s not conscription. There’s no draft. People volunteer for this. And when they volunteer for that duty, they have every right to expect that they’re going to get the healthcare they need," he said. "And let me tell you something else, a healthy force is a ready force. So, don’t talk to me about national security being impaired," Kirby continued, also suggesting that access to abortion makes a military force "healthy" and "ready."
His framing of abortion only got more worse from there.
"The one impairing national security is Senator Tuberville--not only because he’s depriving the military of necessary leadership in the field and at sea, but he’s also willing to deprive female members of the military--20 percent of the force--from necessary healthcare. That--both--is a violation of national security," he also said, as if women were a monolithic group who all signed up to join the military over abortion.
Besides how Kirby became increasingly reactionary, it's also noteworthy how he raised claims about readiness. There have been concerns about military readiness and recruitment for some time under the Biden administration, and not because of Tuberville, but because of how woke it has become. Kurt Schlichter, himself a veteran, has also raised concerns with the current state of the military in his columns for Townhall
When asked "so how does this all end then finally?" and "how does it all wrap up," Kirby claimed "I can’t possibly predict that," even though Tuberville continues to make clear that his hold remains so long as the policy is in place. Further, as Tuberville and countless others have pointed out, Senate Majority Leader Chuck Schumer (D-NY) can pass military promotions and nominees through floor votes. Tuberville is objecting to them sailing through by objecting to unanimous consent.
Schumer was finally forced to do so, as he caved last month in order to confirm Charles "C.Q." Brown as the next chairman of the Joint Chiefs of Staff, Gen. Randy George to become chief of staff of the Army, and Gen. Eric Smith to become the next commandant of the Marine Corps.
"But, you know, I could you tell you how I’d like it to end. I’d like it — to see, and I think I speak certainly for everybody in the administration, for Mr. Tuberville to lift his ridiculous hold," Kirby said before moving on.
Our military should kill our enemies, not our babies. @SenTuberville is a hero. No confirmations of top brass until the Pentagon drops its obsession with infanticide. https://t.co/Cy9FULjuKc
— Michael Knowles (@michaeljknowles) October 5, 2023
This is hardly the first time that Kirby has become so visibly apoplectic when smearing Tuberville for his holds. Kirby reacted similarly during a press briefing in July, claiming the military "owe[s]" women abortion services in return for serving.
"When you sign up and you make that contract, you have every right to expect that the organization — in this case, the military — is going to take care of you, and they’re going to take care of your families, and they’re going to make sure that you can serve with dignity and respect no matter who you are or who you love or how you worship or don’t," he offered. He also claimed that women service or family members need to be "able to count on the kinds of healthcare and reproductive care specifically that they need to serve," which he referred to as "a foundational, sacred obligation of military leaders across the river."
President Joe Biden himself has even directly called Tuberville out, while he was traveling abroad in July. After the above nominees passed the Senate in a floor vote, senators received a briefing that was supposed to discuss Ukraine, but Defense Secretary Lloyd Austin also went after Tuberville and his holds.
Tuberville has the support from leading Republican presidential candidates--including former and potentially future President Donald Trump and Florida Gov. Ron DeSantis--as well as from numerous members of Congress in both chambers, grassroots leaders, Alabama voters, and over 5,000 veterans.
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