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"Congress continues to expand military spending while denying investments in the programs that will truly build a safer, healthier future for working- and middle-class families," said Sen. Ed Markey, who voted no.
Senate Democrats are blasting President Donald Trump's increasingly authoritarian behavior and congressional Republicans for shutting down the US government to preserve devastating healthcare cuts, but over half of them voted with the GOP late Thursday to give nearly $1 trillion to the Pentagon, which has never passed an audit.
The final vote on the Senate's $925 billion version of the National Defense Authorization Act for Fiscal Year 2026 was 77-20, with Sens. Catherine Cortez Masto (D-Nev.), Ted Cruz (R-Texas), and Thom Tillis (R-NC) not voting. The passage tees up talks with leaders in the House of Representatives, where nearly all Republicans and 17 Democrats approved an NDAA last month.
Democratic Sens. Tammy Baldwin (Wis.), Cory Booker (NJ), Maria Cantwell (Wash.) Tammy Duckworth (Ill.), Dick Durbin (Ill.), Andy Kim (NJ), Ed Markey (Mass.), Jeff Merkley (Ore.), Chris Murphy (Conn.), Patty Murray (Wash.), Alex Padilla (Calif.), Brian Schatz (Hawaii), Adam Schiff (Calif.), Tina Smith (Minn.) Chris Van Hollen (Md.), Elizabeth Warren (Mass.), Peter Welch (Vt.), and Ron Wyden (Ore.) opposed the bill alongside Bernie Sanders (I-Vt.), who caucuses with Democrats, and Rand Paul (R-Ky).
"Yesterday, the Senate voted to give the Pentagon a trillion-dollar spending package while the Trump administration and MAGA Republicans play politics with troop pay and nuclear security and refuse to reopen the federal government," Markey said in a Friday statement. "All the while, they are stealing healthcare from American families to fund tax breaks for CEO billionaires. This isn't a budget that funds America's real security needs."
"The Senate voted to give the Pentagon a trillion-dollar spending package while the Trump administration and MAGA Republicans play politics with troop pay and nuclear security and refuse to reopen the federal government."
"Republicans rail that we need to cut government spending—for food assistance, for healthcare, for environmental protection—yet they are showering their defense contractor cronies with hundreds of billions for wasteful and destabilizing programs like Trump's Golden Dome space-based missile system," Markey continued. "Yet they decry that funding will soon dry up for paying military salaries and for essential nuclear security operations at the National Nuclear Security Administration."
"In their desperation to score cheap political points, Republicans are undermining vital national security missions," he added. "Year after year, Congress continues to expand military spending while denying investments in the programs that will truly build a safer, healthier future for working- and middle-class families. The cost of passing this bill in the form of denied rights and wasteful spending is simply too great."
In posts on Bluesky, journalist Erin Reed called out the Senate Democrats who helped pass the bill, given its attacks on LGBTQ+ Americans and diversity, equity, and inclusion (DEI)—common targets of congressional Republicans and the Trump administration.
"In 2024, the NDAA became the vehicle for one of the most consequential betrayals of transgender Americans by national Democrats in recent memory, after Democrats allowed provisions targeting trans military family members and dependents to stand when they had control of the Senate and White House," Reed noted.
"This year, history is repeating itself," she said. "Senate Democrats dropped key objections and allowed a vote to proceed on the bill—ultimately passing the Senate version of the bill, complete with anti-trans culture-war riders, an anti-DEI clause, and no limits on the domestic deployment of US troops."
Early Thursday afternoon, Duckworth, a veteran herself, said that she was blocking the NDAA until she secured a hearing to investigate the president's "gross abuse of our military" by sending soldiers into American cities. A few hours later—shortly before a federal judge temporarily blocked Trump's National Guard deployment in her state, Illinois—Duckworth announced that a hearing is planned.
Sen. Tim Kaine (D-Va.), one of the Democrats who voted for the NDAA, secured sufficient bipartisan support for his amendment to end the authorizations for use of military force related to the 1991 Gulf War and 2003 invasion of Iraq. The Washington Post reported that "the House bill also includes a similar measure, bringing Congress to the precipice of repealing the laws."
Some other Democrat-proposed amendments weren't successful. According to The Hill:
Amendments that failed to pass included one from Senate Minority Leader Chuck Schumer (D-NY) who had hoped to block money for President Trump to retrofit a luxury Qatari jet he accepted as an intended replacement for Air Force One.
"Retrofitting this foreign-owned luxury jet to make it fully operational will cost hundreds of millions of taxpayer dollars. That's money that shouldn't be wasted," Schumer said.
Still, Schumer ultimately voted for the NDAA—unlike Van Hollen, who proposed blocking Trump and governors from sending National Guard troops to another state if its governor or local leaders don't agree.
"Presidents and governors shouldn't be able to deploy National Guard troops from one state to another if that state's governor objects," the senator said on social media. "That is common sense, and yet Republicans just blocked my amendment to stop this blatant abuse of power. Another shameful abdication of duty."
"This is not stretching the envelope," said a retired judge advocate general lawyer. "This is shredding it. This is tearing it apart."
President Donald Trump's administration claimed that the United States is in an "armed conflict" with drug cartels in a confidential notice to Congress this week intended to justify his deadly bombings of alleged smuggling boats in the Caribbean.
Democrats in Congress and legal officials have been challenging the legality of the three military strikes Trump announced last month. A woman who identified herself as the wife of one of the at least 17 people extrajudicially killed in the US bombings said her husband was a fisher.
"Congress was notified about the designation by Pentagon officials on Wednesday," according to The Associated Press, one of several outlets that obtained the notice. The New York Times reported that it "was sent to several congressional committees."
NewsNation's Kellie Meyer posted the full memo on social media:
After citing a relevant section from the National Defense Authorization Act for fiscal year 2024, the notice describes decades of law enforcement efforts to stem the flow of illicit narcotics into the United States as "unsuccessful," and says that cartels "illegally and directly cause the deaths of hundreds of thousands of American citizens each year."
"The president determined these cartels are nonstate armed groups, designated them as terrorist organizations, and determined that their actions constitute an armed attack against the United States," the document continues. Trump also "determined that the United States is in a non-international armed conflict with these designated terrorist organizations" and directed the US Department of Defense, which he has dubbed the Department of War, "to conduct operations against them."
"The United States has now reached a critical point where we must use force in self-defense and defense of others against the ongoing attacks by these designated terrorist organizations," adds the memo, which notes the second strike on September 15.
Lawmakers and legal experts again challenged the administration's claim that, as the notice put it, Trump directed the bombings under "his constitutional authority as commander in chief and chief executive to conduct foreign relations."
As the Times reported:
Geoffrey S. Corn, a retired judge advocate general lawyer who was formerly the Army's senior adviser for law-of-war issues, said drug cartels were not engaged in "hostilities"—the standard for when there is an armed conflict for legal purposes—against the United States because selling a dangerous product is different from an armed attack.
Noting that it is illegal for the military to deliberately target civilians who are not directly participating in hostilities—even suspected criminals—Mr. Corn called the president's move an "abuse" that crossed a major legal line.
"This is not stretching the envelope," he said. "This is shredding it. This is tearing it apart."
New York University School of Law professor Ryan Goodman, who served as special counsel to the general counsel of the Defense Department during the Obama administration, said on social media that Corn was "completely right."
"Drug cartels not = 'armed conflict,'" Goodman added, stressing that the "people killed" in such strikes "are civilians."
Rutgers University law professor Adil Haque similarly pushed back on social media, saying: "The United States is not in a 'non-international armed conflict' with drug cartels. Cartels are not organized as armed groups, nor are they engaged in intense hostilities. These are dangerous criminal organizations and should be confronted using law enforcement tools."
Members of Congress also publicly weighed in, including Senate Armed Services Committee Ranking Member Jack Reed (D-RI), who said that "every American should be alarmed that President Trump has decided he can wage secret wars against anyone he labels an enemy. Drug cartels must be stopped, but declaring war and ordering lethal military force without Congress or public knowledge—nor legal justification—is unacceptable."
At least two of the strikes have occurred off the coast of Venezuela, elevating fears of an armed conflict with the country.
"Trump's actions are illegal, unconstitutional, and dangerous," Sen. Ed Markey (D-Mass.) said in response to the new memo. "He is leading us willy-nilly into war with Venezuela. I have 'determined' that this is a terrible idea."
The lawmakers told Rubio he has a "critical role to play in ensuring that US foreign policy protects our citizens and promotes international law and humanitarian relief."
A group of Democratic senators is urging Secretary of State Marco Rubio to pressure Israel not to attack the Gaza aid flotilla after the activists aboard warned they were facing an imminent threat.
The letter was sent on Wednesday by Democratic Sens. Ed Markey (Mass.), Jeff Merkley (Ore.), Chris Van Hollen (Md.), and Elizabeth Warren (Mass.).
The lawmakers stated that "the Global Sumud Flotilla is currently sailing across the Mediterranean Sea to bring vital humanitarian aid to Gaza, but has reportedly faced attacks by drones and other hostile actions."
On Tuesday night and into Wednesday morning, the flotilla, which is carrying more than 550 civilian activists in over 50 vessels, was swarmed by drones and hit by flash-bang grenades.
The flotilla's participants alleged that the attack came from Israel, which has portrayed the flotilla as a violent threat in recent days. Both Italy and Spain sent warships on Wednesday to assist and protect the convoy.
In a press release on Thursday, the activists aboard the flotilla said they'd received “credible intelligence” that “Israel is likely to escalate violent attacks on the flotilla within the next 48 hours.”
Also on Thursday, Brig. Gen. Effie Defrin, a spokesperson for the Israel Defense Forces (IDF), claimed without offering evidence that the flotilla was "planned and funded by Hamas, by Hamas representatives in Europe" and said the Navy was "ready to defend Israel’s borders at sea."
The Global Sumud Flotilla set sail at the start of September with 250 tons of critical food and medical aid for the people of Gaza, who are suffering from mass starvation as a result of Israel's near-total blockade of humanitarian aid entering the strip.
Last week, a commission of independent experts at the United Nations released an extensive report concluding that Israel was committing genocide in Gaza. This has included its blockade of aid, which has resulted in the deaths of more than 400 people, including at least 145 children, with many dying in recent months.
At least 65,419 Palestinians have also been killed in Israeli attacks on Gaza since October 2023, and at least 167,160 have been wounded.
The lawmakers told Rubio that "US citizens, including residents of Maryland, Massachusetts, and Oregon" are aboard the flotilla's ships, adding that "under international humanitarian law and international human rights law, they warrant protection."
Participants in the flotilla include humanitarians, doctors, journalists, lawyers, and other activists from at least 44 countries worldwide. According to the antiwar activist group CodePink, 22 of the more than 550 people taking part in the flotilla are US citizens.
One of the vessels, Ohwayla, which took damage from a flash-bang grenade in Tuesday's drone attack, is primarily comprised of US veterans. Phil Tottenham, a member of Veterans for Peace and one of the passengers on Ohwayla, told Mondoweiss that despite the threats, "everyone with this flotilla is undeterred in our commitment."
"You have a critical role to play in ensuring that US foreign policy protects our citizens and promotes international law and humanitarian relief," the lawmakers told Rubio. "We urge you to demand that the Netanyahu government refrains from any use of force against peaceful civilian vessels and ensures that humanitarian aid is surged into Gaza so that the desperate conditions that continue to prompt these flotillas no longer persist."