Ariz. lawmakers try to draw Hobbs nominee into Hegseth-Kelly spat

But John Conley, seeking to survive the nomination process, sought to distance himself at Monday's hearing from the national spat between Kelly and U.S. Defense Secretary Pete Hegseth.

"I don't know any of the facts and circumstances regarding it,'' Conley said.

Hegseth contends that Kelly, while appearing on a Sunday talk show, released classified information. Kelly counters that he didn't say anything on TV that Hegseth himself has not said publicly about the depletion of arsenal due to the war in Iran.

Conley, a brigadier general, made it clear to the Arizona Senate Committee on Director Nominations that he was not about to get in the middle. He said it would violate both state and federal law for him, as a soldier, "to speak critically about any sitting member of Congress.''

Still, he said, speaking strictly academically, releasing classified information would be prohibited absent prior authorization. "I don't believe it's appropriate for anybody to release classified information in violation of the law,'' said Conley.

Conley was being screened by nominating committee members, the first step in deciding whether he will get the required Senate confirmation. Two of the Republicans on the five-member panel — state Sens. Jake Hoffman and Wendy Rogers — were trying to get the Democratic governor's nominee to weigh in on the dispute between the Trump administration and Kelly, an Arizona Democrat. 

But Hoffman and Rogers weren't just interested in Kelly's comments on "Face the Nation'' about weapons stockpiles. Rogers also wanted to know what Conley thought about a video previously released by Kelly and five other Congress members — she called them "the seditious six'' — telling service members they should ignore "illegal orders'' and instead follow the Constitution.

In response to that video, Hegseth demoted Kelly's rank as a retired Navy captain — a move that would reduce his retirement pension — and issued a letter of censure. So far, federal courts have blocked the Pentagon chief's actions.

Conley, for his part, sidestepped the efforts by GOP lawmakers to drag him into that fight, as well.

"I believe that the folks who made those comments, because they're not actively serving, they have a little more leeway to say those things,'' he said.

"But I also understand the perspective of the current administration (that) wanted to put a test whether or not those statements were outside the bounds,'' Conley said. "And I think that that is going through a court process and the court will decide.''

Still, Conley, who served as an attorney in uniform in the office of judge advocate general, said one of his duties was to "teach the law of war and the code of conduct.''

"And part of teaching of the law of war is to discuss lawful versus unlawful orders,'' he said. "And you don't follow unlawful orders is the crux of the teaching.''

But whether Conley ultimately gets confirmed by the Republican-controlled Senate could more likely depend on the contention, particularly by Rogers, that while he may be a good administrator, he doesn't have the skills or experience to lead soldiers into war if it ultimately comes to that.

Rogers said Conley, trained as a lawyer and having been an attorney within the military, appears to have the background and credentials to handle the part of the job he's nominated for to be director of the Arizona Department of Military Affairs. It works with local governments to provide help in emergency situations such as fires and floods.

But Rogers, a Flagstaff Republican and a military veteran herself, pointed out that the position, by definition, also includes being the adjutant general of the Guard, responsible for more than 8,000 Army and Air Force soldiers.

Conley told committee members it isn't necessary to have combat experience to hold the job.

In fact, he said, it was Gen. George Washington who appointed the first adjutant general with the specific assignment to prepare troops to be ready to fight. Conley said that's what he has been doing in the nearly a year he has served since being tapped by Hobbs.

Rogers was unconvinced. "You would be a provider and assessor of what is needed to complete the mission,'' she said. "But if you became the adjutant general, you would be the commanding officer.''

That means being a role model, Rogers said. "But you have not led and had your life threatened constantly,'' she said.

Rogers also pointed out there has been a change at the national level, with Hegseth saying he is  pushing "warrior ethos'' and wants to restore a "warrior culture'' in the military.

"How do you, as a career judge advocate, with no operational command, no combat deployments or experience leading troops in high-risk environments, plan to personally model and instill that ethos in the Arizona National Guard among the aviators, infantrymen ... and other operators who routinely fly in dangerous conditions or are deployed into harm's way?'' she asked.

Conley said he has been in dangerous situations, even as a JAG, including time in Korea, where U.S. troops do die in combat operations. 

"Have I been an infantryman on the front lines in a battle?'' he said. "No, I have not. But I can take care of those infantrymen because I have been doing this job for nearly 40 years all over the world in all kinds of different situations.''

And he said there's something else that makes the question of whether he can lead soldiers in the field irrelevant.

"You don't want the 58-year-old out on the front lines,'' Conley said. "We want the young folks out there. My job is to make sure that they have the training, the equipment, the resources that they need.''

Rogers also sought to pin Conley down on the question of whether the United States is at war with Iran. But he said it's not that simple.

"If we use the term 'war' colloquially, we are engaged in hostilities in Iran,'' Conley said. He also said the United States is engaged in a "cold war'' with China.

Rogers said that doesn't answer her question.

"If the definition of 'war' is something that we're going to glean from the War Powers Act, I don't think there's been a declaration of war by the Congress,'' Conley responded.

Rogers said his lack of a clear answer, coupled with his lack of combat experience, are reasons she contends he's not ready to lead the Arizona National Guard.

"We are at war,'' she said. "And you would be asked to command forces that would be at war.''

Hoffman had his own problems with what he heard from Conley on this question and others, calling it  "legalistic quibble mentality.''

"These are all kind of filibustering responses,'' said the Queen Creek Republican.

Republican Sen. T.J. Shope of Coolidge joined with the two Democrats on the panel to advance the nomination to the full Republican-controlled Senate.

Time is running out for Conley. He has been serving since he was nominated last June 10 to the job. And if he is not confirmed within one year, he can no longer hold office.