During Tuesday's Senate Armed Services Committee hearing, Sen. Jeanne Shaheen (D-NH) questioned Earl G. Matthews, the nominee to be General Counsel of the Department of Defense, about ensuring apolitical legal advice from DoD attorneys.
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NewsTranscript
00:00Thank you, Mr. Chairman, and welcome to all of the nominees this morning.
00:05Mr. Marks, the former Pease Air Force Base in New Hampshire was one of the first places where PFAS was discovered after the base had been closed.
00:17It contaminated the water supply for the city of Portsmouth, and the Air Force was very responsive in coming and helping the city deal with that,
00:29putting carbon filters on the wells so that the water was cleaned up, and now they have been cleaning up the groundwater since then.
00:36So I was reassured to hear your responses to Senator Peters about your commitment on PFAS,
00:43but I am concerned with reports that I'm hearing from New Hampshire from those people who are part of the Restoration Advisory Board
00:54that DOD's travel policy restrictions are hindering public participation in community PFAS engagement meetings.
01:02So, again, I was reassured when you committed to supporting community engagement on this issue,
01:11but do you agree that there is a responsibility to meet regularly with those Restoration Advisory Boards
01:19and, if possible, to do that in person where possible so that it increases transparency and engagement with communities?
01:29Senator, thank you for that.
01:30I'm unfamiliar directly with that part of the issue.
01:33However, partnership is exactly what needs to take place in communities to be successful.
01:37And so, if confirmed, I would want to work with the services to better understand why they were not allowed to travel.
01:46I understand the orders that have come forth on that, but my understanding is also that mission can go forward.
01:52So I would like to dig deeper, if confirmed, to understand more.
01:55But it would be my encouragement to have those in-person meetings.
01:59I think they're the most effective methodology.
02:01Well, thank you.
02:01I appreciate that.
02:02And I agree, and I would just point out that because of the early recognition of PFAS contamination,
02:11PEAS was the site where the Agency for Toxic Substances and Disease Registry, which is now being cut,
02:18did a health study that is still ongoing.
02:20It's about to wrap up with, I think, about nine sites around the country
02:26to determine the long-term health effects of PFAS.
02:29But for us in New Hampshire, the impact from the former PEAS Air Force Base has been significant
02:36because there were two child care centers that were affected by the contamination,
02:40and parents were very concerned about what that impact will be long-term on their children.
02:46Mr. Matthews, I understand you were present in meetings at the Department of Defense on January 6th,
02:58and that you subsequently wrote a report outlining fallacies in previous testimonies to Congress.
03:04I appreciate that.
03:06But I'd like to know how you intend to ensure that all DOD attorneys provide legal advice
03:12that's free from political influence.
03:14Thank you, Senator.
03:18Senator, I think that's the standard.
03:19That's the expectation that they will be free from political influence.
03:22That's your job.
03:24And so I will reinforce that requirement throughout the Department to the extent I can,
03:30if confirmed, Senator.
03:33And you are a member of the Army JAG Corps, is that correct?
03:37I'm a reserve officer in the Army JAG Corps.
03:39Yes, ma'am.
03:39Well, I'm sure you're aware that the Secretary of Defense fired the Army and Air Force JAGs
03:44at the beginning of May, starting at the beginning of May.
03:48A number of my colleagues on this panel have requested answers for why that happened.
03:55But do you have any knowledge of...
04:00I wasn't at the Department.
04:02I have no special insight, ma'am.
04:03I do know that the...
04:04My understanding was that the Secretary had announced that the President would be accepting
04:09nominations for those positions, Air Force and Army and Navy JAG and General, and that
04:15the incumbents for the Army and Air Force did resign after it was announced that nominations
04:22were reinstalled.
04:23But I have no insight into why that occurred.
04:26But just to be clear, do you consider your job as a JAG officer to be political in any
04:33way?
04:34No, ma'am.
04:37People in uniform should stay out of politics, ma'am.
04:40That's my view.
04:41Well, I appreciate that, and I hope that that's a value that the Department of Defense and Secretary
04:47Hegseth will continue to reinforce.
04:49Mr. Williams, I just want to follow up on Senator Peter's question about the firings at NNSA because,
04:58as he pointed out, there are fewer qualified, experienced personnel now who are safeguarding
05:04our nuclear weapons.
05:07That when those...
05:10The first firings happened at NNSA of 3,000 people who were deemed non-essential, that people
05:17had to be hired back because the firings were not targeted enough to recognize who was essential
05:26and who wasn't.
05:27So I would hope that if you are confirmed, that you would be very clear about what personnel
05:34are essential to ensuring that our nuclear stockpile is safe.
05:39Senator Shaheen, thank you for that question.
05:41Thanks also for visiting the Air Force Research Lab in Rome, New York, where you and I were
05:47together a little over a year ago, so thanks for showing interest in the former Griffiths
05:51Air Base.
05:52I just wanted to tell you that.
05:54I don't think that was me, Mr. Williams.
05:56Was it not?
05:56It was not.
05:59I wish it had been.
06:02To answer your question, the mission of NNSA is so critical right now in our national history.
06:11The workforce is absolutely critical to meeting the needs right now.
06:18If confirmed, I would work very carefully and closely to see what changes, if any, in personnel
06:24and scope would be necessary.
06:27Honestly, I would welcome analysis and evaluation of are we innovating, are we spending money
06:35in NNSA in the optimal way, but those decisions, as I've said, I will advocate for the men and
06:43women of NNSA and know that they have special skills and special experience that cannot be
06:48easily replicated.
06:50Thank you, Mr. Chairman.
06:52Thank you, Senator Shaheen.