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Secretary of the Army Mark Esper listens during a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. Behind him are, left to right, his daughter Kate, son Luke, wife Leah and son John.

Secretary of the Army Mark Esper listens during a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. Behind him are, left to right, his daughter Kate, son Luke, wife Leah and son John. (Joe Gromelski/Stars and Stripes)

Secretary of the Army Mark Esper listens during a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. Behind him are, left to right, his daughter Kate, son Luke, wife Leah and son John.

Secretary of the Army Mark Esper listens during a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. Behind him are, left to right, his daughter Kate, son Luke, wife Leah and son John. (Joe Gromelski/Stars and Stripes)

Secretary of the Army Mark Esper shakes hands with Sen. Jeanne Shaheen, D-N.H., before a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. In the background are Chairman James Inhofe, R-Okla., and Ranking Member Jack Reed, D-R.I.
Joe Gromelski/Stars and Stripes

Secretary of the Army Mark Esper shakes hands with Sen. Jeanne Shaheen, D-N.H., before a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. In the background are Chairman James Inhofe, R-Okla., and Ranking Member Jack Reed, D-R.I. Joe Gromelski/Stars and Stripes (Joe Gromelski/Stars and Stripes)

Secretary of the Army Mark Esper speaks at a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill.

Secretary of the Army Mark Esper speaks at a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. (Joe Gromelski/Stars and Stripes)

Sen. Tammy Duckworth, D-Ill., listens as Secretary of the Army Mark Esper speaks at a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill.

Sen. Tammy Duckworth, D-Ill., listens as Secretary of the Army Mark Esper speaks at a Senate Armed Services Committee hearing on his nomination to serve as secretary of defense, July 16, 2019 on Capitol Hill. (Joe Gromelski/Stars and Stripes)

WASHINGTON — Sen. Elizabeth Warren, D-Mass., confronted Army Secretary Mark Esper on Tuesday during his Senate confirmation hearing about whether he should be the next defense secretary given the potential for conflicts of interests with his former employer Raytheon.

Before joining the Defense Department in late 2017, Esper worked as a lobbyist for Raytheon, the country’s third largest defense contractor, and his time with that company was raised repeatedly during the Senate Armed Services Committee hearing.

Warren, a presidential candidate, published a letter Monday that she wrote to Esper recently about her concern over his ethical obligations and his potential conflict of interests with Raytheon.

During Tuesday’s hearing, Warren continued to push Esper to agree to extending his recusal commitment beyond November, which would prohibit him from participating in any decisions related to Raytheon until he is no longer defense secretary. The senator pointed to former acting Defense Secretary Patrick Shanahan’s own commitment to extend his recusal concerning his former employer Boeing, another large defense contractor.

“If you’re confirmed, will you do the same and commit to extending your recusal from any and all matters involving Raytheon for your — the duration of your tenure as secretary of defense?” Warren asked.

Based on the advice from ethics personnel at the Pentagon, Esper said it was their recommendation not to extend his recusal commitment.

“The belief is that the screening process I have in place, all the rules and regulations and laws… are sufficient,” he said.

Warren also raised ethical concerns that Esper will receive at least $1 million in deferred compensation from Raytheon starting in 2022. Earlier in the hearing, Esper told Sen. Tom Cotton, R-Ark., that the compensation is for money that he already earned and is in his financial disclosure form.

Warren also pointed to Esper’s June 24 ethics obligations and screening arrangement memo, which details that he could get a waiver “to participate in matters that directly and predictably affect Raytheon’s financial interests if it’s so important that it cannot be referred to another official,” she said, quoting the memo.

“This smacks of corruption, plain and simple,” Warren said.

Esper tried to answer her question about committing to refuse to seek a waiver to participate in matters regarding Raytheon’s financial interest, but the Army secretary was cut off by Warren.

The senator wanted to know whether Esper would seek a waiver in the future.

During the exchange between Warren and Esper, Sen. James Inhofe, R-Okla., the committee chairman, interrupted to allow Esper the opportunity to respond to Warren’s questions by reading from the letter, which stated he did not “request, seek, or receive a waiver or authorization related to your ethics agreement and ethics obligations” during his time as Army secretary or acting defense secretary.

Warren asked Esper again whether he would agree not to seek a waiver in the future.

Esper responded: “No senator I won’t, because I’m going to continue to abide by the rules and regulations and I’m going to continue to consult closely with my ethics personnel to ensure that we stay on the ethical midfield.”

Warren pushed further, asking whether Esper would commit not to work for or be paid by a defense contractor for at least four years after he leaves government service. Esper said he would not.

“Secretary Esper, the American people deserve to know that you’re making decisions in our country’s best security interests, not in your own financial interests,” Warren said. “You can’t make those commitments to this committee. That means you should not be confirmed as secretary of defense.”

Esper pushed back, saying he swore an oath to defend the Constitution when he went to the U.S. Military Academy at West Point and embraced their motto “Duty, Honor, Country.”

“I went to war for this country, I served overseas for this country. I’ve stepped down from jobs that paid me well more than…,” he said. “And each time it was to serve the public good and to serve the young men and women of our armed services.”

Esper said he disagreed with the presumption that anyone who comes from the corporate world is corrupt.

Inhofe stepped in again to move the questioning to another senator. Warren protested, saying Esper “is not willing to make a commitment that he will not engage in conflicts of interest for the company for which he was a lobbyist.”

“This is outrageous,” she said.

kenney.caitlin@stripes.com Twitter: @caitlinmkenney

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