Warren Slams Defense Nominee for Improperly Withholding Aid to Ukraine, Violating U.S. Constitution, Disregarding Congressional Authority

Michael Duffey is responsible for holding up aid to Ukraine, leading to President Trump’s first impeachment
“[I]f you are confirmed…the Senate would be supporting the confirmation of an individual who has shown disregard for the Constitution, Congressional authority, and our nation’s laws.”
Text of Letter (PDF)
Washington, D.C. –U.S. Senator Elizabeth Warren (D-Mass.), member of the Senate Armed Services Committee, wrote to Mr. Michael Duffey, nominee for Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)) of the Department of Defense (DoD), ahead of his confirmation hearing, with serious concerns about his record, which include violating the law, disregarding Congressional authority, and his involvement in Project 2025. Mr. Duffey also played a direct role in Trump’s withholding of funding to Ukraine, an action that resulted in the impeachment of Donald Trump. It is especially alarming given he would oversee a DoD requested acquisition budget of $311 billion and procurement programs already at high-risk for fraud, waste, and abuse.
Mr. Duffey’s Role in the Unlawful Freezing of Aid to Ukraine
In December 2019, President Trump wasimpeachedfor high crimes and misdemeanors for illegally seeking assistance from Ukraine to help him win the 2020 election against President Joe Biden. In his role at the Office of Management and Budget (OMB), Mr. Duffey helped President Trump block aid to Ukraine in an effort to pressure them to open an investigation into President Biden. He did so despite under-oath testimony and emails showing that career officials raised concerns with him that this could violate the law and disrupt DoD’s ability to train and equip Ukraine to strengthen their security forces. The Government Accountability Office (GAO), a non-partisan independent government watchdog,concludedthat freezing this aid violated theImpoundment Control Act of 1974.
“Your actions in the course of these events give the strong appearance that you knowingly violated the law and the Constitution – and that you were an important participant in events that ultimately resulted in the President’s impeachment,”said Senator Warren.
Duffey’s Disregard for Congressional Authority and Oversight
Mr. Duffey also refused to comply with a deposition request as part of the impeachment inquiry and ignored a subpoena from the three House committees that led the impeachment inquiry. His refusal to comply with the subpoena – at the direction of President Trump – was so significant that it was one of the reasons that President Trump was charged with the second article of impeachment for Obstruction of Congress and that Mr. Duffey was listed by name in the impeachment resolution.
Duffey’s Direct Involvement in Project 2025
Mr. Duffey also had direct involvement in Project 2025, developing several policies for the report. One of thechaptersMr. Duffey contributed to calls for “using government contracts to push back against woke policies in corporate America.” The senator raised concerns about whether Mr. Duffey would use his position to police the personnel and Human Resources decisions of defense contractors, rather than prioritizing government contracts that advance U.S. national security and support our servicemembers. Project 2025 also calls for “reducing the number of procurement competitions” and a new system that allows decision makers of federal contracts to “bypass unnecessary departmental regulations.”
“I am concerned by whether these policy plans will reduce necessary competition and favor the biggest – or most politically connected – defense contractors,”wrote Senator Warren.
Duffey’s Plan to Address Risks of Waste, Fraud, and Abuse in DoD Acquisition
Given Mr. Duffey’s past behavior, especially that which led to President Trump’s first impeachment, the senator raised concerns about whether he will ensure DoD contracts are awarded fairly and based on the best interests of taxpayers and national security.
Already, DoD’s acquisition program has been a target of “contracting-related fraud schemes” and DoD’s contractingprocesses have been foundto be “vulnerable to waste, fraud, and abuse.” This concern is heightened as major DoD contractors, including Lockheed Martin and Boeing, made donations to President Trump’s second inauguration in order to ingratiate themselves with the new administration in an effort to avoid regulation and win government contracts.
“[I]f you are confirmed…the Senate would be supporting the confirmation of an individual who has shown disregard for the Constitution, Congressional authority, and our nation’s laws,”concluded Senator Warren.She requested his written answers to questions by February 3, 2025.
Senator Warren has led efforts, including bipartisan action, to hold DoD accountable and transparent to ensure taxpayers are not being price gouged and the defense industrial base remains resilient:
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