Overnight Defense: Senate approves defense bill; Obama apologizes for airstrike

by Rebecca Kheel - 10/07/15 6:05 PM ET

THE TOPLINE: Senate Democrats on Wednesday joined with Republicans to approve the annual defense policy bill, defying a veto threat from President Obama.

The Senate voted 70-27 in favor of the $612 billion National Defense Authorization Act (NDAA), a wide-ranging bill that would set policy and spending priorities for the Pentagon. Twenty Democrats voted yes, as did Sen. Angus King (Maine), an Independent who caucuses with Democrats.

While the vote total would be enough for Republicans to override Obama’s promised veto, Democratic leaders insist that some of their members would vote differently if asked to override the president.

{mosads}“The president is going to veto this. Everyone knows this,” Senate Minority Leader Harry Reid (D-Nev.) said ahead of the vote. “The House, if they are called upon first to sustain the veto, they will do it. If we’re called up on first to sustain the veto, we will do it.”

Republican Sens. Ted Cruz (Texas) and Rand Paul (Ky.), who are both running for president, were the only Republicans to vote against the bill. Two other 2016 candidates, Sens. Lindsey Graham (S.C.) and Marco Rubio (Fla.), didn’t vote.

The policy bill has been pulled into the larger battle over the GOP’s budget plan, which would appropriate $38 billion to the Pentagon through a war fund account.

Most Democrats and the White House say the war fund should not be used to skirt congressional budget caps and are demanding that Republicans negotiate a deal to raise both defense and non-defense spending.

But Republicans and some Democrats have questioned why Obama is poised to veto the NDAA, as the bill only authorizes spending, without actually appropriating the money.

Obama has threatened to veto the policy bill six times before, primarily due to objections on the transfer of prisoners from the Guantanamo Bay prison facility, but never followed through.

But this year will be different, the administration vows, due to Obama’s strong objections to the use of the war fund.

OBAMA APOLOGIZES FOR DEADLY AIRSTRIKE ON HOSPITAL: President Obama has apologized to Doctors Without Borders for a U.S. airstrike that killed at least 22 people at its hospital in Kunduz last weekend.

The U.S. has come under mounting pressure from the charitable organization, which has described the attack as a war crime.

“This morning from the Oval Office, President Obama spoke by telephone with Doctors Without Borders International President Dr. Joanne Liu, to apologize and express his condolences for the MSF staff and patients who were killed and injured when a U.S. military airstrike mistakenly struck an MSF field hospital in Kunduz, Afghanistan over the weekend,” White House press secretary Josh Earnest said at his Wednesday briefing.

It is the first time the U.S. has offered an apology for the airstrike on Saturday, which killed 12 Doctors Without Borders staff members and 10 patients, including three children. The attack wounded 37 others.

Meanwhile, the New York Times reported that the top U.S. commander in Afghanistan believes U.S. troops didn’t follow their own rules in carrying out the airstrike. And Doctors Without Borders again called for an independent investigation, this time saying a little-known commission set up by the Geneva Conventions should conduct the inquiry.

Citing anonymous sources, The Times reported that Gen. John Campbell has said in private conversations that he believes the airstrike that hit a hospital did not meet any of the criteria U.S. troops are supposed to follow before deciding to launch an attack.

The report contrasts with Campbell’s public statements in which he has declined to elaborate on the bombing pending the outcome of three investigations.

The Times also reported that U.S. Special Operations Forces apparently could not positively identify the area the strike was hitting.

At a press conference in Geneva on Wednesday, Joanne Liu, international president of Doctors Without Borders, said the International Humanitarian Fact-Finding Commission should investigate the incident. The 15-person commission was established in 1991 to investigate breaches of international humanitarian law.

The investigation would not determine criminal liability, she said. Instead, it would clarify the laws of war.

US JETS HAVE CLOSE CALL WITH RUSSIANS OVER SYRIA: The Pentagon says U.S. aircraft have had to change course to avoid colliding with Russian planes in Syria, sparking worries about an international incident.

Officials said Wednesday there had been at least one such close call in the last week following Russia’s launch of airstrikes in Syria.

The danger of an incident between the two nations has grown as military talks between the U.S. and Russia stall.

“We have taken some actions to ensure the safe separation of aircraft, but we do continue to fly missions over Iraq and Syria in support of this mission to degrade and destroy [the Islamic State in Iraq and Syria],” Pentagon spokesman Navy Capt. Jeff Davis said.

Pentagon officials conducted a videoconference with their Russian counterparts on Oct. 1 — a day after Russia began airstrikes — but a second round has not yet been scheduled.

During the first round of talks, Davis said, the U.S. presented a proposal to Russia on how to avoid any unintended clashes in the airspace over Syria.

On Tuesday, Defense Secretary Ash Carter said the U.S. was awaiting a response from Russia regarding further talks.

The need to coordinate with Russia could become even more urgent, as Moscow prepares to deploy “volunteer” ground troops to Syria.

IRAN’S SUPREME LEADER BANS FURTHER NEGOTIATIONS WITH U.S.: Iranian Supreme Leader Ayatollah Ali Khamenei on Wednesday banned any further negotiations between Iran and the United States, just months after Tehran reached a nuclear deal with the Obama administration and other world powers.

The ban directly contradicts statements by Iranian President Hassan Rouhani, who said his government is ready to hold talks with the U.S. on how to resolve the conflict in Syria, Reuters reported.

Khamenei, the highest authority in Iran, bashed negotiations with the U.S. in remarks on his website, saying they disadvantaged his nation.

“Negotiations with the United States open gates to their economic, cultural, political and security influence. Even during the nuclear negotiations they tried to harm our national interests,” Khamenei is quoted as saying.

“Through negotiations Americans seek to influence Iran … but there are naive people in Iran who don’t understand this,” Khamenei told military commanders.

Khamenei supported the negotiations for the Iran deal, which will lift sanctions on Iran in exchange for limits to its nuclear program. He has not publicly endorsed the deal since it was unveiled in July, however.

IN CASE YOU MISSED IT:

— Army agrees to postpone discharge of Green Beret

— Obama’s war legacy in the balance

— House rejects Dem attempt to abolish Benghazi panel

— Dem demands details on spending for Syrian rebel program

Please send tips and comments to Kristina Wong, kwong@digital-staging.thehill.com, and Rebecca Kheel, rkheel@digital-staging.thehill.com