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Senior Biden leaders, Pentagon officials unaware for days that defense secretary was hospitalized


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By LOLITA C. BALDOR (Associated Press)

WASHINGTON (AP) — Senior Biden administration leaders, top Pentagon officials and members of Congress were unaware for days that Defense Secretary Lloyd Austin had been hospitalized since Monday, U.S. officials said Saturday, as questions swirled about his condition and the secrecy surrounding it.

The Pentagon did not inform the White House National Security Council or top adviser Jake Sullivan of Austin’s hospitalization at Walter Reed National Military Medical Center in Bethesda, Maryland, until Thursday, according to two administration officials. The officials were not authorized to speak publicly about the matter and spoke to the AP on condition of anonymity.

The Pentagon’s failure to disclose Austin’s hospitalization for days reflects a stunning lack of transparency about his illness, how serious it was and when he may be released. Such secrecy, at a time when the United States is juggling myriad national security crises, runs counter to normal practice with the president and other senior U.S. officials and Cabinet members.

Still, President Joe Biden spoke with Austin on Saturday, and expressed confidence in him, according to a White House official who was not authorized to speak publicly about internal discussions and spoke on condition of anonymity.

In a statement issued Saturday evening, Austin took responsibility for the delays in notification.

“I recognize I could have done a better job ensuring the public was appropriately informed. I commit to doing better,” said Austin, acknowledging the concerns about transparency. “But this is important to say: this was my medical procedure, and I take full responsibility for my decisions about disclosure.”

Austin, 70, remained hospitalized due to complications following a minor elective medical procedure, his press secretary said, as it became increasingly clear how closely the Pentagon held information about his stay at Walter Reed. In his statement, Austin said he is on the mend and is looking forward to returning to the Pentagon soon, but he provided no other details about his ailment.

Air Force Maj. Gen. Pat Ryder said the White House and the Joint Chiefs of Staff were notified about Austin’s hospitalization, but he would not confirm when that notice happened.

A number of U.S. officials said Saturday that many of the most senior Pentagon service leaders were unaware until Friday that Austin was in the hospital. The officials spoke on condition of anonymity to discuss private conversations. Politico was the first to report the White House learned of his condition on Thursday.

Ryder said members of Congress were told late Friday afternoon, and other officials said lawmakers were informed after 5 p.m. It was not clear when key senior members of Austin’s staff were told, but across the Pentagon, many staff found out when the department released a statement about Austin’s hospital stay just minutes after 5 p.m. Many believed Austin was out on vacation for the week.

Deputy Defense Secretary Kathleen Hicks, who took over when Austin was hospitalized, was also away. A U.S. official said she had a communications setup with her in Puerto Rico that allowed her to do the job while Austin, who spent 41 years in the military and retired as a four-star Army general in 2016, was incapacitated.

Ryder said Saturday that Austin is recovering well and resumed his full duties Friday evening from his hospital bed. Asked why the hospital stay was kept secret for so long, Ryder said on Friday that it was an “evolving situation,” and that due to privacy and medical issues, the Pentagon did not make Austin’s absence public. Ryder declined to provide any other details about Austin’s medical procedure or health.

“The Department of Defense deliberately withheld the Secretary of Defense’s medical condition for days. That is unacceptable,” said Mississippi Sen. Roger Wicker, the highest-ranking Republican on the Senate Armed Services Committee. “We are learning more every hour about the Department’s shocking defiance of the law.”

Sen. Tom Cotton, R-Arkansas, also criticized the delayed notice.

“The Secretary of Defense is the key link in the chain of command between the president and the uniformed military, including the nuclear chain of command, when the weightiest of decisions must be made in minutes,” said Cotton in a statement, adding that if Austin didn’t immediately tell the White House, “there must be consequences for this shocking breakdown.”

The Pentagon Press Association, which represents media members who cover the Defense Department, sent a letter of protest on Friday evening to Ryder and Chris Meagher, the assistant defense secretary for public affairs.

“The fact that he has been at Walter Reed National Military Medical Center for four days and the Pentagon is only now alerting the public late on a Friday evening is an outrage,” the PPA said in its letter. “At a time when there are growing threats to U.S. military service members in the Middle East and the U.S. is playing key national security roles in the wars in Israel and Ukraine, it is particularly critical for the American public to be informed about the health status and decision-making ability of its top defense leader.”

Other senior U.S. leaders have been much more transparent about hospital stays. When Attorney General Merrick Garland went in for a routine medical procedure in 2022, his office informed the public a week in advance and outlined how long he was expected to be out and when he would return to work.

Austin’s hospitalization comes as Iranian-backed militias have repeatedly launched drones, missiles and rockets at bases where U.S. troops are stationed in Iraq and Syria, leading the Biden administration to strike back on a number of occasions. Those strikes often involve sensitive, top-level discussions and decisions by Austin and other key military leaders.

The U.S. is also the chief organizer behind a new international maritime coalition using ships and other assets to patrol the southern Red Sea to deter persistent attacks on commercial vessels by Houthi militants in Yemen.

In addition, the administration, particularly Austin, has been at the forefront of the effort to supply weapons and training to Ukraine, and he’s also been communicating frequently with the Israelis on their war against Hamas.

___ Associated Press writer Colleen Long in Wilmington, Delaware, and Lisa Mascaro, Tara Copp and Farnoush Amiri in Washington contributed to this report.


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Supreme Court ruling: Checkmate for Israel’s Binyamin Netanyahu?


INTERVIEW

From our special correspondent in Israel – Three months into the war between Israel and Hamas, the Israeli Supreme Court dealt two major blows to Binyamin Netanyahu and his governing coalition this week. The court struck down an essential part of the government’s polarising judicial reform plan and postponed the implementation of a law shielding the PM from mandatory recusals. FRANCE 24 spoke to Dr. Amir Fuchs, a senior researcher at the Israel Democracy Institute, about the impact these decisions will have.

Protesters walk past a banner depicting Israeli Prime Minister Benjamin Netanyahu amid ongoing demonstrations against the government's judicial reform bill, in Tel Aviv on April 15, 2023.
Protesters walk past a banner depicting Israeli Prime Minister Benjamin Netanyahu amid ongoing demonstrations against the government’s judicial reform bill, in Tel Aviv on April 15, 2023. © Jack Guez, AFP

Israeli Prime Minister Binyamin Netanyahu suffered a major setback on Monday as the country’s top court voted narrowly (8 to 7) to overturn a law passed in July that took away judges’ ability to veto government and parliament decisions that they deem “unreasonable”. 

The law was a key component of the government’s contentious plan to overhaul the country’s judicial system that sparked massive protests across the country. 

On Wednesday, the Israeli prime minister suffered another legal defeat as justices ruled (6 to 5) to delay the enforcement of a controversial law that would shield Netanyahu from being forced to recuse himself from office if ordered to do so by the attorney general or the Supreme Court. 

The recusal law, which was passed in March, will now only go into effect at the beginning of the next term of the Israeli parliament after the next general elections.  

The Israeli high court’s rulings comes as Netanyahu’s popularity plummets in opinion polls amid mounting criticism of Israel’s offensive on Gaza.  

According to a recent survey, Netanyahu’s party – Likud – would win only half of the seats it currently occupies (16 versus 32) if elections were held now. 

To better understand the impact of the high court’s decisions, FRANCE 24 spoke to Dr. Amir Fuchs, a senior researcher at the Israel Democracy Institute.  

Israel Democracy Institute senior researcher Amir Fuchs photographed January 4 in Kfar Sava, Israel.
Dr. Amir Fuchs, a senior researcher at the Israel Democracy Institute, in Kfar Sava, Israel on January 4, 2024. © Assiya Hamza, FRANCE 24

Fuchs: The government’s reform aimed to reduce the power of the judiciary. Israel doesn’t have a formal constitution. But we do have these Basic Laws that serve as a quasi-constitution. If a law goes against the Basic Laws, the Supreme Court can say this is an unconstitutional law, and they can therefore strike it down. This has happened just under 20 times in 30 years since the Supreme Court altered Israel’s system of government in 1995.

In Israel, we don’t have checks and balances as in other country’s systems. For example, we don’t have a real separation of powers between the executive and the legislature. The government rules through a majority coalition in parliament. If you win a simple majority of 61 seats, you can do whatever you want. The only thing we have as a counterbalance is a strong and independent Supreme Court. And what Netanyahu’s government wanted to do was to change that. 

The government also wanted to change how the judges are nominated. So that they could just appoint the judges they wanted.

The attorney general heads the state prosecution system. Netanyahu is currently facing charges of fraud and corruption. If the law had been passed, Netanyahu could just fire his prosecutor and pick another one, which would be more convenient for him.

The high court also postponed the recusal law which aims to protect Netanyahu, stating that it was “clearly personal” in nature”. What does that mean? 

Fuchs: For decades we had a very vague law which said that when the prime minister is incapacitated, then someone will replace him. But it didn’t explain what the grounds for this incapacity might be. Would it be on medical grounds or for other reasons? Nothing was written about this – or the procedures to be followed. 

So Netanyahu’s government decided to change the Incapacitation Law – meaning that only when the prime minister himself says he is incapacitated, or three quarters of the government says he is, would the prime minister then be recused.

The government then needs a two-thirds majority in the Knesset. They introduced measures to ensure that this would never happen. After they voted for it, Netanyahu announced to everyone that his hands were no longer tied. However, the court said the law was “clearly personal in nature” and postponed its enforcement until the next Knesset. So the law won’t be implemented until the next elections. 

Can Netanyahu be impeached? 

Fuchs: If there is a majority of 61 MPs, they can just hold a no confidence vote and form a new government. 

But what can happen – and what always happens in Israel when a government loses political support – is that they just announce new elections. And for that, you need 61 MPs in the Knesset who support a new election. And the whole opposition will agree with that. We’ve seen in polls that a lot of people who voted for the coalition are now totally against it.  I don’t know when the war will end. But if the war ends tomorrow, they will probably announce an election.

Will Netanyahu be held accountable for the October 7 attacks? 

If the government changes, there will be an investigation committee, which is very independent because it is appointed by the Supreme Court, not by the government. This is what usually happens after big failures like what happened in 73, and in 82, when Christian militias, with the support of the Israeli army, massacred up to 2,000 Palestinians in Lebanon’s Sabra and Shatila refugee camps. 

The committee will ask Netanyahu hard questions and they will deliver a verdict. And they will say that he is to blame. He was negligent. He cannot be re-elected. For example, when they said that former prime minister Ariel Sharon, who also served as defence during the Sabra and Shatila massacres, can no longer be defence minister, he was removed from office.

If Netanyahu is convicted in his various trials, will he be able to stay in power? 

If he’s convicted in a final court decision after the appeal, then according to the Basic Laws, he has to step down. It will take time – at least another year.

Maybe after the war when Netanyahu will see that everything is falling apart, he might get some kind of deal – whereby he doesn’t go to prison and isn’t even convicted of anything serious in exchange for stepping down and not participating in the election. 

Once Netanyahu understands that he can’t be re-elected, then maybe he will go for the deal. And I’m kind of sure that the attorney general will aim for such a deal so he/she doesn’t have to deal with the trial. 

Again, this is an optimistic scenario. I’m not sure that this will happen. A lot of people were sure that that this would happen years ago when he was indicted in 2019 on corruption charges. But he chose to fight and ran in elections again and again. He’s never given up but maybe he will have some good advisors that will say: “This is the time to step down, you’re not popular enough, you won’t get elected. So at least use that bargaining chip to close all the criminal files on you.”

This article has been translated from the original in French

This interview has been edited for clarity and length. 


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“War Must Not Be Stopped Until…”: Israel’s Netanyahu As Fighting Intensifies


'War Must Not Be Stopped Until...': Israel's Netanyahu As Fighting Intensifies

“Three months ago Hamas committed a terrible massacre against us,” he said.

Tel Aviv:

Israel’s Prime Minister Benjamin Netanyahu declared that the war in Gaza will not end until Israel achieves all of its goals, specifically the destruction of Hamas.

“Three months ago Hamas committed a terrible massacre against us,” he said in a statement. “My government directed the IDF to go to war to eliminate Hamas, return our hostages and ensure that Gaza will never again be a threat to Israel.”

“The war must not be stopped until we achieve all of the goals,” declared Netanyahu.

“We will not give Hamas any immunity whatsoever, and we will fight until we restore security in both the south and the north. Until then, and to that end, everything must be put aside and we must continue with united forces until absolute victory is achieved.”

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)


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