Posted on May 25, 2021
Democrats' backroom clashes over military justice erupt onto Senate floor - Roll Call
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Last night legislation by Sens. Gillibrand (D-NY) and Ernst (R-IA) was blocked from passage on the Senate floor to combat serious military crimes like sexual assault by Senate Armed Services Committee leaders. In advance of the vote, I contributed to this excellent Roll Call piece on the politics involved. Passage is a top priority for Iraq and Afghanistan Veterans of America (IAVA).
Democrats' backroom clashes over military justice erupt onto Senate floor - Roll Call
Posted from rollcall.com
IAVA
Sexual Assault
Military Sexual Trauma (MST)
Defense
Crime
Posted >1 y ago
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if the civilian prosecutor declines to prosecute, would the military be able to?
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from the article:
",,, that would move prosecution decisions on all major crimes outside the chain of command.
Gillibrand’s bill would set up a special office to make such decisions about rape, murder, child pornography and more, with an exception for crimes like desertion that are military-unique."
I fully support the original concept but have mixed opinions on this package deal. Who decides if a crime is "military-unique?" Would this reduce a lot of the authority of commanders?
",,, that would move prosecution decisions on all major crimes outside the chain of command.
Gillibrand’s bill would set up a special office to make such decisions about rape, murder, child pornography and more, with an exception for crimes like desertion that are military-unique."
I fully support the original concept but have mixed opinions on this package deal. Who decides if a crime is "military-unique?" Would this reduce a lot of the authority of commanders?
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1stSgt Nelson Kerr
CW4 (Join to see) - TYhey are fixing the old problem of people getting away with rape and sexual assault because of Commanders discretion, the Good old boy networks and military politics. Moving the decision to people who have noting to gain and no personal connections.
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Patricia Overmeyer
CW4 (Join to see) - You can read the military section of the ABA, which has a very high number of active duty and retired military attorney members. While there are those who are against the bill, the majority of the military legal community is in favor of it. For far too long the military has allowed commanding officers to sweep these crimes under the rug. I've seen way too many cases of serious dv assaults, sexual assaults, assaults, and child abuse simply dealt with by the commanding officers interfering and having the issue dealt with administratively instead of through a court martial.
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CW4 (Join to see)
Patricia Overmeyer thank you for the answer. This is an interesting topic of discussion. I do not know if the legislation as written is the right answer for the military but I will agree that the legal system in the Army seems to swing depending on who the accused is and more importantly what their rank is. Obviously I'm not in the legal field so this is merely an opinionated observation.
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1stSgt Nelson Kerr
CW4 (Join to see) - That is why we need to move investigation to people who do not give a damn about rank or position.
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