Overnight Defense: Roosevelt sailor dies from coronavirus complications | House delays return to DC | Lawmakers fret over fate of surveillance flight treaty

Happy Monday and welcome to Overnight Defense. I'm Rebecca Kheel, and here's your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. <a href="http://www.email.thehill.com/thehillreg/thehillreg/pref.action?lid=3" target="_blank" rel="noopener noreferrer" data-saferedirecturl="https://www.google.com/url?q=http://www.email.thehill.com/thehillreg/the… HERE to subscribe to the newsletter</a>.THE TOPLINE: The coronavirus outbreak aboard the USS Theodore Roosevelt saw its first fatality Monday.A sailor from the Roosevelt <a href="https://thehill.com/policy/defense/492472-roosevelt-sailor-with-coronavi… target="_blank" rel="noopener noreferrer">was declared dead</a> after being taken to an intensive care unit last week, the Navy said in a statement. The sailor’s identification is being withheld until 24 hours after next of kin is notified.The sailor tested positive for the coronavirus on March 30 and was in the middle of a 14-day isolation period on Naval Base Guam when he was found unresponsive during a daily medical check Thursday.CPR was administered by fellow sailors and the onsite medical team in the isolation house before the sailor was transferred to the ICU at the U.S. Naval Hospital Guam, the Navy said.Roosevelt’s numbers: The Navy also said Monday that 585 sailors from the Roosevelt have positive and 92 percent of the crew has been tested — the same numbers it gave on Sunday.The number of crew members who have been moved to shore rose Monday, with 4,021 sailors from the 4,800-person crew now off the ship.Official condolences: Several top officials issued statements mourning the sailor’s death."We mourn the loss of the sailor from USS Theodore Roosevelt who died today, and we stand alongside their family, loved ones and shipmates as they grieve," Chief of Naval Operations Adm. Michael Gilday said in a statement. "This is a great loss for the ship and for our Navy."Gilday added that officials "pledge our full support to the ship and crew as they continue their fight against the coronavirus."In a separate statement, Defense Secretary Mark EsperMark EsperPentagon awards 5M contract for machines to disinfect N95 masks Overnight Defense: Roosevelt sailor dies from coronavirus complications | House delays return to DC | Lawmakers fret over fate of surveillance flight treaty Roosevelt sailor with coronavirus dies MORE said "the entire department is deeply saddened by the loss of our first active duty member to COVID-19.""Our thoughts are with the family of the USS Theodore Roosevelt sailor who lost his battle with the virus today," Esper said. "We remain committed to protecting our personnel and their families while continuing to assist in defeating this outbreak." Acting Navy Secretary James McPherson said in his own statement that his “thoughts, prayers and eternal gratitude are with the sailor’s family during this difficult time.”“My thoughts are also with the sailor’s shipmates, and the families of the entire crew,” he added. “I am keenly aware of the dedication and commitment of our sailors and Marines in service to our nation — in war, peace and this unfamiliar time of COVID-19. I will continue to do everything in my power to support their efforts and safety as we respond as one nation to this pandemic.”In other coronavirus news …Latest Pentagon numbers: The Defense Department said Monday it now has 4,528 cases of coronavirus linked to it.That includes 2,567 active cases among service members, as well as 372 troops who have recovered.There are also 597 civilians, 491 dependents and 270 contractors with the virus. At least two dependents and five contractors have died, according to the Pentagon’s numbers.House delays coming back: The House is <a href="https://thehill.com/homenews/house/492566-house-delays-expected-return-u… target="_blank" rel="noopener noreferrer">not expected to reconvene</a> until at least May 4, delaying a return originally planned for next week as stay-at-home orders remain in place across the nation.Lawmakers had grown increasingly skeptical that the House could convene by the originally planned date of April 20, given that federal health guidelines for social distancing are still in place until at least the end of the month.House Majority Leader Steny HoyerSteny Hamilton HoyerOvernight Health Care: Trump fires back at critics during briefing | Trump claims he has authority on when to reopen states | Governors form groups to discuss plans | Fauci offers support to Trump | House delays return Overnight Defense: Roosevelt sailor dies from coronavirus complications | House delays return to DC | Lawmakers fret over fate of surveillance flight treaty House delays expected return until May amid coronavirus pandemic MORE's (D-Md.) office announced Monday that the expected date to return will be in early May "absent an emergency.""Members are further advised that if the House is required to take action on critical legislation related to the coronavirus response or other legislative priorities, Members will be given sufficient notice to return to Washington, DC," the notice added.Trump claims he has authority to reopen states: President TrumpDonald John TrumpSenate committee to investigate origin of, response to coronavirus pandemic Amash teases possibility of third-party presidential bid Overnight Health Care: Trump fires back at critics during briefing | Trump claims he has authority on when to reopen states | Governors form groups to discuss plans | Fauci offers support to Trump | House delays return MORE on Monday claimed that he, not governors, <a href="https://thehill.com/homenews/administration/492503-trump-claims-he-not-g… target="_blank" rel="noopener noreferrer">has the ultimate authority</a> to loosen restrictions on states as the coronavirus outbreak eases, an assertion disputed by legal experts.“For the purpose of creating conflict and confusion, some in the Fake News Media are saying that it is the Governors decision to open up the states, not that of the President of the United States & the Federal Government. Let it be fully understood that this is incorrect,” Trump tweeted.“It is the decision of the President, and for many good reasons. With that being said, the Administration and I are working closely with the Governors, and this will continue,” he continued. “A decision by me, in conjunction with the Governors and input from others, will be made shortly!”Trump did not cite any particular legal authority.Legal experts who spoke to The Hill said that, while Trump can issue federal regulations to prevent the spread of diseases, he does not have the authority to reverse a public health restriction put in place at the state or local level.“The president can issue reasonable necessary federal-level quarantine orders,” said Elie Honig, a legal analyst and former federal prosecutor in New York. “I don’t see any mechanism or constitutional principle that would apply here that would allow the president to come in and overrule the governors.”MEANWHILE … TREATY IN PERIL?: Over the weekend, your Overnight Defense correspondent took a look at the state of play on the Open Skies Treaty, whose supporters are warning Trump could withdraw from it even as attention is focused on the coronavirus.A House aide told The Hill that Esper and Secretary of State Mike PompeoMichael (Mike) Richard PompeoOvernight Defense: Roosevelt sailor dies from coronavirus complications | House delays return to DC | Lawmakers fret over fate of surveillance flight treaty WHO chief says he has good relationship with Trump despite president’s comments Lawmakers cry foul as Trump considers retreating from Open Skies Treaty MORE two weeks ago agreed to a withdrawal despite two planned National Security Council (NSC) meetings on the issue being canceled in February and March.“Their decision to withdraw prompted strong objection from the UK, France, Germany and Poland,” the aide added.A Democratic aide in the Senate similarly said “we have heard that Secretary Esper and Secretary Pompeo agreed to something” without NSC meetings, adding that “this week, French officials reiterated they object to any decision to withdraw from Open Skies.”The aide said they haven't heard from the Germans, United Kingdom or Poland recently, but “they are already on record against a U.S. withdrawal from Open Skies.”A senior administration official and the State Department told The Hill a review process into the treaty is ongoing, but did not dispute the aides’ characterization.<a href="https://thehill.com/policy/international/492303-lawmakers-cry-foul-as-tr… target="_blank" rel="noopener noreferrer">Read more here</a>.ON TAP FOR TOMORROWThe United States Institute of Peace will host an online event on “The Impact of Coronavirus on North Korea” at 9 a.m. <a href="https://bit.ly/3a6BVzN" target="_blank" rel="noopener noreferrer">https://bit.ly/3a6BVzN</a>The Atlantic Council will host a virtual conversation with Turkish Foreign Minister Mevlüt Çavuşoğlu on Turkey’s response to COVID-19 at 11:30 a.m. <a href="https://bit.ly/3b5xKoV" target="_blank" rel="noopener noreferrer">https://bit.ly/3b5xKoV</a>The Hoover Institution will host an online briefing with former Secretary of State Condoleezza Rice on COVID-19 and national security at 2 p.m. <a href="https://hvr.co/2Rzifhf" target="_blank" rel="noopener noreferrer">https://hvr.co/2Rzifhf</a>ICYMI— The Hill: Poll finds Americans see <a href="https://thehill.com/policy/cybersecurity/492529-poll-finds-americans-see… target="_blank" rel="noopener noreferrer">infectious diseases, terrorism</a>, cyberattacks as top threats— New York Times: ‘There Will Be Losses’: How a <a href="https://www.nytimes.com/2020/04/12/us/politics/coronavirus-roosevelt-car… target="_blank" rel="noopener noreferrer">captain’s plea exposed</a> a rift in the military— Associated Press: Guam <a href="https://apnews.com/e69e64d83ba4158991ae298579aade7d?utm_source=Daily%20o… target="_blank" rel="noopener noreferrer">worries as sailors from virus-hit</a> ship take over hotels— Reuters: U.S. special <a href="https://www.reuters.com/article/us-usa-afghanistan-khalilzad/u-s-special… target="_blank" rel="noopener noreferrer">representative to meet Taliban</a> negotiators: State Department— Navy Times: With deployment over, <a href="https://www.navytimes.com/2020/04/13/with-deployment-over-truman-carrier… target="_blank" rel="noopener noreferrer">Truman carrier strike group being kept at sea</a> due to COVID-19