President Donald Trump's nominee for the military's top weapons buyer, Michael Duffey, is facing scrutiny over his involvement in directing the Pentagon to withhold aid from Ukraine in 2019. This action occurred as Trump sought a commitment from Ukrainian President Volodymyr Zelenskyy to investigate the Biden family, a key aspect of Trump's impeachment during his first term.
Duffey, nominated to be the undersecretary of defense for acquisition and sustainment, previously served as the associate director at the Office of Management and Budget. In July 2019, he instructed the Pentagon to place a hold on $391 million in security assistance for Ukraine, which continued until mid-September. This move was part of Trump's efforts to pressure Zelenskyy to announce an investigation into Joe Biden and his son Hunter Biden.
The withholding of aid for political reasons raised concerns as it violated the 1974 Impoundment Control Act, which prohibits the executive branch from freezing funds appropriated by Congress. This issue played a significant role in Trump's impeachment on charges of abuse of power and obstruction of Congress.
Questions have been raised about Duffey's ability to follow the law if confirmed for the Pentagon position overseeing a budget of $311 billion. Senator Elizabeth Warren expressed concerns about Duffey's compliance with congressional oversight, citing his refusal to testify during the impeachment investigation.
Despite these concerns, some experts, like Kori Schake from the American Enterprise Institute, believe Duffey's budget-office experience could make him effective in his role as a weapons buyer. However, there are calls for Duffey to commit to adhering to Congress's appropriations during confirmation hearings.
Warren sent Duffey a list of over 40 questions ahead of his confirmation hearing, seeking clarification on his involvement in the aid hold and his willingness to cooperate with congressional oversight. The White House has not commented on Duffey's nomination or whether it signals a change in direction for weapons support to Ukraine.
Trump's impeachment history, including the events of January 6, 2021, when he was impeached for the second time following the attack on the U.S. Capitol, adds further context to the ongoing scrutiny surrounding Duffey's nomination.