President backs changing rules in military cases of sexual assault
WASHINGTON >> President Joe Biden on Friday put his stamp of approval on a long-debated change to the military justice system that would remove decisions on prosecuting sexual assault cases from military commanders.
Biden, however, stopped short of backing a congressional effort to strip commanders of oversight of all major crimes.
The president formally approved more than two dozen recommendations made by an independent review commission on sexual assault in the military. The changes include shifting decisions on prosecuting sexual assault cases to special victims prosecutors outside the chain of command. The military’s sexual assault response coordinators and victims advocates also would be removed from the command structure system.
Reports of sexual assaults in the military have steadily gone up since 2006, according to Defense Department reports, including a 13% jump in 2018 and a 3% increase in 2019.
“I look forward to working with Congress to implement these necessary reforms and promote a work environment that is free from sexual assault and harassment for every one of our brave service members,” Biden said endorsing the recommendations.
Sen. Kirsten Gillibrand, D-N.Y., has the support of 66 senators for a bill that would have independent prosecutors handle all felony cases that call for more than a year in prison. But other key lawmakers and leaders of the military services have balked at including all major crimes. There are concerns that stripping control of all crimes from commanders could hurt military readiness, erode command authority and require far more time and resources.
Biden hailed Gillibrand’s work on the issue. But he asked the commission to focus only on addressing the problems of sexual assault and harassment in the military, said a senior administration official who spoke on the condition of anonymity.
Asked about the Gillibrand legislation, White House press secretary Jen Psaki said Biden “looks forward to working with Congress to implement these necessary reforms,” but she sidestepped whether he would be supportive of the proposed legislation.
Gillibrand in her own statement said the commission’s recommendations — and the administration’s embrace of them — would add momentum to efforts to reform the military justice system. Still, she urged a broader overhaul.
“We must resist the urge to create a separate but unequal system of justice within the military and must guarantee a professional, unbiased system for all service members,” said Gillibrand, adding she would push for debate and a vote on a broader military justice reform bill.
Last month, Defense Secretary Lloyd Austin, for the first time, voiced support for taking sexual assault and related crimes away from the chain of command and letting independent military lawyers handle them.