January 28, 2025

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 was impeached for 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, concluded that freezing this aid violated the Impoundment 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 the chapters Mr. 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 contracting processes have been found to 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:  

  • In January 2025, Senator Warren sent Elon Musk, Chair of the Department of Government Efficiency (DOGE), a letter detailing over 30 proposals that would cut at least $2 trillion of wasteful government spending over the next decade.
  • In September 2024, Senator Elizabeth Warren (D-Mass.), a member of the Senate Armed Services Committee, along with Senators Mike Braun (R-Ind.), Mike Lee (R-Utah) and Chuck Grassley (R-Iowa), reintroduced the Streamline Pentagon Spending Act, bipartisan legislation to repeal statutory requirements to provide unfunded priorities lists, reduce wasteful reporting burdens, and enhance civilian oversight over the budgetary process.
  • In May 2024, Senators Warren, then-Chair of the Senate Armed Services Subcommittee on Personnel and Chuck Grassley (R-Iowa), then-Ranking Member of the Senate Committee on the Budget, led a letter with Mike Braun (R-Ind.) and John Fetterman (D-Pa.) demanding the Department of Defense (DoD) provide answers about military contractors’ price gouging tactics that cost the Pentagon billions of dollars every year in overpayments. 
  • In May 2024, at a hearing of the Senate Armed Services Subcommittee on Strategic Forces, Senator Elizabeth Warren (D-Mass.), raised concerns about DoD contractor, SpaceX, which is owned by Elon Musk, undermining U.S. allies and national security goals. Senator Warren questioned Mr. John D. Hill, Deputy Assistant Secretary of Defense for Space and Missile Defense, about SpaceX’s work to stop its Starlink technology from being illegally acquired by Russia. These illegal terminals may have provided Russia a major advantage in their invasion of Ukraine.  
  • In March 2024, at a hearing of the U.S. Senate Armed Services Committee (SASC), Senator Warren questioned General Anthony J. Cotton, USAF, Commander of United States Strategic Command about significant cost overruns and mismanagement of the Sentinel program. 
  • In February 2024, Senator Warren and Representative Garamendi (D-Calif.), sent a letter to Secretary of Defense Lloyd J. Austin III, expressing concerns with the Department of Defense’s (DoD) insufficient review process for consolidation in the defense industrial base and the resulting impact on supply chains, innovation, and national security.
  • In November 2023, after reports that defense contractor TransDigm refused to provide cost and pricing information needed to prevent price gouging of taxpayers and the DoD, Senator Warren and Representative Garamendi sent letters to the DoD and TransDigm, pressing them to provide transparency on cost and pricing data to ensure that taxpayers aren’t being overcharged for expensive DoD contracts. 
  • In August 2023, Senator Warren, then-Chair of the Senate Armed Services Subcommittee on Personnel, Senator Richard Blumenthal (D-Conn.), and Senator Lindsey Graham (R-S.C.), met with President Volodymyr Zelenskyy and top officials during a visit to Kyiv, Ukraine on August 23rd. The congressional delegation’s trip coincided with Ukraine’s Independence Day celebration on August 24th and demonstrated strong bipartisan support from the U.S. Senate for the Ukrainian people in the face of Russia’s brutal and illegal invasion. 
  • In July 2023, at a hearing of the Senate Armed Services Subcommittee on Personnel, Senator Warren called out the Department of Defense for wasting billions in taxpayers dollars due to price gouging by defense contractors for services and in health care, and identified opportunities for cost savings when DoD buys personnel-related goods and services. 
  • In July 2023, Senator Warren sent a letter to Secretary of Defense Lloyd Austin and Director of the Defense Health Agency, Lieutenant General Telita Crosland, regarding a series of DoD Inspector General reports finding that the DoD is failing to prevent price gouging and overpayments to contractors in the TRICARE health program.
  • In June 2023, Senator Warren, Senator Mike Braun, and Representative Garamendi reintroduced the bipartisan Stop Price Gouging the Military Act which would close loopholes in current acquisition laws, tie financial incentives for contractors to performance, and provide the Department of Defense the information necessary to prevent future rip-offs.
  • In May 2023, Senator Warren and Representative Garamendi sent letters to Boeing, TransDigm, and the Department of Defense, calling out the defense contractors for their refusal to provide cost and pricing data to the Department of Defense (DoD), as required by law. The lawmakers also called on DoD to take action to address these contractors’ refusals to provide cost and pricing data. 
  • In October 2022, Senator Warren obtained a commitment from DoD not to increase contract prices due to inflation.
  • In October 2022 Senator Warren sent a letter to DoD urging them to insist on receiving certified cost or pricing data to justify any contract adjustments.
  • In June 2022, Senator Warren and Representative Garamendi introduced the bicameral Stop Price Gouging the Military Act, which would enhance DoD’s ability to access certified cost and pricing data. Part of Senator Warren’s legislation was incorporated into the FY 2023 National Defense Authorization Act reported to the Senate.
  • In March 2022, at a SASC hearing, Senator Warren criticized DoD for failing to consider alternatives to the Sentinel program in order to justify unsustainable nuclear weapons spending.
  • In September 2020, Senator Warren and Representative Ro Khanna (D-Calif.) formally requested that the Department of Defense (DoD) Inspector General (IG) investigate reports that the Pentagon redirected hundreds of millions of dollars of funds meant for COVID-19 response via the Defense Production Act (DPA) to defense contractors for "jet engine parts, body armor and dress uniforms.”
  • In May 2020, Senator Warren wrote to the Department requesting clarification on how the Department would prevent profiteering following a recent change to increase payments to contractors in response to the COVID-19 pandemic.
  • In August 2017, Senator Warren traveled to Eastern Europe and Germany to learn more about plans to counteract Russian efforts to damage European democracies.
  • In May 2017, Senator Warren wrote to the DoD Inspector General, requesting an investigation into TransDigm for potential waste, fraud, and abuse in the military spares market.
  • In October 2015, Senator Warren visited Ukraine and other European countries for a visit focused on economic issues and the Syrian refugee crisis. 

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