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WASHINGTON — President Joe Biden's administration pledged from day one to restore truth and transparency to the federal government — but now it's facing a maelstrom of criticism and credibility questions after Defense Secretary Lloyd Austin's hospitalization was kept secret for days, even from the White House.
The controversy has prompted a government-wide review of what protocols are in place to prevent such failures and the Pentagon is scrutinizing its own procedures following the extraordinary lapse, which left even Austin's top deputies unaware of his condition for days.
Senior congressional Republicans are investigating whether Austin ignored legal requirements to inform Congress, and Biden administration officials are privately fuming about Austin's lack of disclosure, believing it to be an unforced error that undercuts the president's message of restoring competency through his administration.
The Pentagon disclosed Tuesday afternoon, after days of silence on Austin's medical diagnosis, that the secretary has prostate cancer. Austin, 70, was admitted to Walter Reed National Military Medical Center on Dec. 22 and underwent surgery to treat the disease, but developed a urinary tract infection a week later and was admitted into intensive care. He remained hospitalized Tuesday.
Austin was diagnosed with prostate cancer during a routine screening in early December, but the White House insisted that no one there, including Biden, knew about the diagnosis until Tuesday.
"I think we all recognize — and I think the Pentagon has been very, very honest with themselves — about the challenge to credibility by what has transpired here, and by how hard it was for them to be fully transparent with the American people," John Kirby, spokesman for the National Security Council, said Tuesday. "We all recognize that this didn't unfold the way it should have — on so many levels."
While there is no statutory requirement for public officials to disclose their medical histories, it has become common practice for presidential and vice presidential candidates and incumbents to do so. Many choose to share more about their health than a private citizen would.
It's highly unusual for any Cabinet secretary not to notify the president, the White House chief of staff, or the NSC of any absence, especially a medical one.
–Cedric Leighton, retired U.S. Air Force colonel
Disclosures to the public about a Cabinet official's absence have varied between federal agencies. For instance, the Justice Department in 2022 announced that Attorney General Merrick Garland would undergo surgery to remove enlarged prostate tissue a week in advance of his procedure.
Cedric Leighton, a retired U.S. Air Force colonel, noted that the chain of command for the U.S. military runs from the president through his defense secretary to the combatant commanders, who then execute orders that could include command and control of any potential use of nuclear weapons.
He said it was "imperative" that the president, top administration and military officials, select members of Congress and even key allied counterparts be notified of even a temporary absence.
"It's highly unusual for any Cabinet secretary not to notify the president, the White House chief of staff, or the NSC of any absence, especially a medical one," he added.
The Austin incident has sparked bipartisan criticism from lawmakers who have numerous questions about how his condition could have been kept secret from the White House, Capitol Hill and the public.
Mississippi Sen. Roger Wicker, the top Republican on the Senate Armed Services Committee, said Tuesday that Austin's lack of disclosure to key lawmakers about his condition and transferring of duties to Deputy Defense Secretary Kathleen Hicks was a "clear violation of the law." Congress was not told until Friday afternoon of Austin's hospitalization, the Pentagon has said, a day after Biden and national security adviser Jake Sullivan were informed.
Wicker's aides said a federal law governing vacancies requires Congress to be informed immediately if a Senate-confirmed official dies, resigns or is otherwise unable to carry out the duties of the office. A March 1999 opinion from the Justice Department's Office of Legal Counsel said the requirement could apply to sickness in such circumstances.
Sen. Richard Blumenthal, D-Conn., said he was not satisfied with the Pentagon's explanations so far and called for the Senate Armed Services Committee to look into the matter, potentially with a hearing.
"He owes Congress and the American people additional facts to ensure us that he can continue to serve," Blumenthal said.
In the House, Armed Services Committee Chairman Mike Rogers on Tuesday sent letters to Austin, Hicks and Kelly Magsamen, Austin's chief of staff, demanding a detailed accounting of what transpired regarding notification and operational impacts during the secretary's hospitalization.
"Someone has to resign or be fired," said Sen. Tom Cotton, R-Ark., an Army veteran. "Maybe there are more facts to come out that will shed light on who exactly is responsible besides the secretary, but to show such a breakdown in communication and poor judgment in such a simple matter really raises questions about judgment in much bigger matters."
Contributing: Stephen Groves
