The request doesn't get to be evaluated by the military. The "legislative function" is oversight.In a May 8 internal memo, which was obtained by The Washington Post, [acting defense secretary Patrick] Shanahan lays out the criteria for when Pentagon officials may provide congressional offices or committees information they request about operational plans and orders.
The memo comes as lawmakers from both parties complain that the Trump administration has withheld information that prevents them from executing their constitutionally mandated oversight role. Some lawmakers are also concerned about whether Shanahan has allowed the military to be drawn too deeply into President Trump’s immigration agenda.
“Congress oversees the Department of Defense; but with this new policy, the department is overstepping its authority by presuming to determine what warrants legislative oversight,” Reps. Adam Smith (D-Wash.) and Mac Thornberry (R-Tex.), the chair and ranking Republican of the House Armed Services Committee.
The memo was shared widely inside the Pentagon but was sent to key lawmakers only after inquiries by The Post. It outlines a half-dozen guidelines, including requirements that military officials and political appointees evaluate whether the request “contains sufficient information to demonstrate a relationship to the legislative function.”
WaPo
The inspiration for the memo is obvious: unitary executive; all power to the presidency.The memo appears to have been inspired by concerns that lawmakers, who have security clearances, will not safeguard military plans.
One day it's going to be too late to impeach.
I guess they're going on the assumption that Congress will talk trash and then confirm him anyway. They have good reason to assume it, too.A defense official, speaking on the condition of anonymity to describe military officials’ thinking about the memo, said Pentagon leaders had been concerned about preserving the military chain of command and about the potential for congressional interference in what they consider to be an executive branch function, the formulation of military operations.
[...]
The memo could complicate Senate confirmation hearings for Shanahan, who took over in January after his predecessor, Jim Mattis, resigned over differences with Trump. Shanahan is expected to appear before the Senate Armed Services Committee in June.
There are no gentlemen in this administration.In the new memo, Shanahan concentrates responsibility for evaluating congressional requests in the office of the undersecretary of defense for policy, which is typically led by a political appointee. Previously, officials across the Defense Department responded to requests on a more ad hoc basis, in keeping with what officials described as a “gentleman’s agreement” with lawmakers.
...but hey, do what you want...you will anyway.
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