Marine Corps is without confirmed leader for first time in 164 years

PENTAGON – The U.S. Marine Corps does not have a confirmed leader for the first time in 164 years, following Marine Corps Commandant Gen. David Berger’s relinquish-of-command ceremony held Monday and Berger’s private retirement ceremony.

At the relinquish-of-command ceremony at the Marine Corps Barracks in Washington, D.C., Gen. Eric Smith, the assistant commandant of the Marine Corps, took over as acting commandant. President Biden had nominated Smith to lead the service in May. Smith is expected to serve as the acting commandant but also stay in his role as assistant commandant – without a second-in-command due to the hold.

The last time the Marines were without a confirmed leader was 1859 following the death of Commandant Archibald Henderson.

Sen. Tommy Tuberville, R-Ala., is blocking more than 250 fast-tracked military promotions in the Senate over the Pentagon’s post-Dobbs abortion policy, established earlier this year. The Pentagon’s new policy pays for the travel and time off service members must take to receive abortions if the state where they are stationed does not allow the procedure. Defense Secretary Lloyd Austin and Joint Chiefs of Staff Chairman Gen. Mark Milley have both called Tuberville’s hold a national security concern.

Without calling Tuberville out directly, Austin said this hold is becoming a readiness issue and called on the Senate to confirm these military leaders.

“Smooth and timely transitions of confirmed leadership are central to the defense of the United States and to the full strength of the most powerful fighting force in history,” Austin said in his remarks.

Berger agreed, saying, “We need the Senate to do their job so we can have a sitting commandant that’s appointed and confirmed,” he said in his remarks following Austin.

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Tuberville remains dug in on his stance. “I continue to reiterate my stance and my position over the last, almost, four months now, about my opposition to this policy. Now, the burden is not on me to pass legislation to stop this illegal policy, the burden is on the administration. The burden is on the administration to stop breaking the law,” Tuberville said in a statement. “And so let me just say this one more time — because I keep getting asked the same question over and over again.  I will keep my hold, I will keep it on, until the Pentagon follows the law or changes the law. It’s that simple. Those are the two conditions that would get me to drop the hold. So, until these conditions are met, I object.”

Pentagon Deputy Press Secretary Sabrina Singh told reporters Monday, “At a time when our nation is facing rising challenges and threats all around the world, from Russia and Ukraine to the growing pacing challenge in China, we need the best of the best in those positions, in the positions that they were nominated for.”

Tuberville placed his hold on approving these nominations by unanimous consent this past February. “If Secretary Austin wants to change the law, he should go through Congress,” Tuberville told Fox News Digital. Tuberville had a 10-minute phone call with Austin back in March, according to the senator’s office. 

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Since February, senators have attempted 10 different times to approve all pending military nominations by unanimous consent. One option to get around Tuberville’s hold: Senate Majority Leader Chuck Schumer, D-N.Y., could file cloture to cut off debate for each nominee, scheduling one-by-one votes. But with more than 250 promotions already piled up this year and hundreds more expected, it is unrealistic for the Senate to have time to vote on all nominees.

“I remain confident that all Americans can come together to agree on that basic obligation to those who keep us safe. I am also confident that the United States Senate will meet its responsibilities,” Austin said Monday, despite the Senate hold.

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On Tuesday morning, the Senate Armed Services Committee is scheduled to hold a confirmation hearing for the next Joint Chiefs of Staff chairman, Air Force Gen. Charles Quinton Brown Jr.

The Joint Chiefs chairman is another position that could go unfilled when Milley retires if Tuberville continues the hold.