By Emelie Rutherford

As Virginia lawmakers continue to resist Pentagon attempts to close U.S. Joint Forces Command (JFCOM) in their state, it appears unlikely a congressional panel will heed their call to subpoena Defense Secretary Robert Gates.

A bipartisan group of 37 House members from Virginia and beyond last week asked House Armed Services Committee (HASC) leaders to subpoena Gates if he does not voluntarily testify about the move to close JFCOM. They said they have seen no sufficient financial or strategic analysis to support the closure, which President Barack Obama has not yet approved.

Yet congressional observers and aides said they don’t expect the HASC to issue the subpoena. For a subpoena to be issued, a quorum of the committee would have to meet and agree on it; however, the House has to be in session for to HASC to vote, and the chamber is in recess until after the November elections. Also, the HASC is not a committee known to use its subpoena power, something all congressional committees possess.

HASC spokeswoman Jennifer Kohl said that, like with all issues that fall under the committee’s jurisdiction, Chairman Ike Skelton (D-Mo.) “will work to make sure we get the information needed to conduct proper oversight on this.”

“He was already working with Congressman (Glenn) Nye (D-Va.) on a letter to Secretary Gates about this issue, and he’s optimistic that the (Defense) Department will be more forthcoming with information in response,” Kohl said.

JFCOM falls in Nye’s district, in Suffolk, Va. Gates proposed closing it when he unveiled a raft of efficiency reforms for the Pentagon on Aug. 9. If Obama agrees with Gates’ proposal, the command’s force-management and sourcing functions would be transferred to the Pentagon’s Joint Staff. JFCOM’s remaining responsibilities would be evaluated, Gates said, and “those determined to be essential and still necessary to protect and promote jointness will be reassigned to other entities.”

Rep. Rob Wittman (R-Va.), who sits on the HASC with Nye, told Defense Daily yesterday he is hopeful Skelton will subpoena Gates, if needed, considering 32 HASC members were among the signers of the letter sent to Skelton last Thursday. Wittman also pointed to Skelton’s comments, during a Sept. 29 HASC hearing on Gates’ proposed efficiency reforms, about wanting to understand the JFCOM proposal and ensuring jointness remains among the military services.

Wittman said Virginia lawmakers could ask another panel such as the House Budget Committee to subpoena Gates, but would prefer for such a legal step to be taken by the HASC, which he said has “the most direct impact and oversight on defense.”

Gates has agreed to meet with Virginia officials about the JFCOM proposal, Wittman said, but a date for the meeting has not been set.

“The most important element right now is to make sure that the secretary is performing his due diligence as far as the information and analysis that goes into this decision and to make sure that he involves Congress,” the congressman said. Still, he said he hopes Virginia officials can garner the data about the Pentagon’s JFCOM plan without issuing a subpoena.

Virginia lawmakers have accused the Pentagon of stonewalling their attempts to learn more about the rationale behind Gates’ surprise attempt to shutter the command. They note the command was supported in the recent Quadrennial Defense Review and argue it cannot be closed outside of the Pentagon’s lengthy Base Realignment and Closure process.

Deputy Defense Secretary William Lynn told the Senate Armed Services Committee on Sept. 28 that Gates determined JFCOM was redundant after as many as 30 meetings with senior military advisers. Sen. Jim Webb (D-Va.), a former Navy secretary, complained that Lynn notified him about the JFCOM plan 15 minutes before Gates announced it.

In a conference call with constituents yesterday, Wittman repeatedly said the Virginia lawmakers want what is best for the nation and are not acting solely on concerns about lost jobs in their state.

Wittman conducted a poll of listeners on yesterday’s call about JFCOM. He said 54 percent want more analysis done on the proposed closure, 38 percent oppose it, and 8 percent support it. His office could not provide the number of people who participated in the telephone poll.