End game in Gilly sex war
WASHINGTON — Sen. Kirsten Gillibrand’s David vs. Goliath battle over sexual assault in the military could end thisweek.
The persistent New York Democrat is seeking dramatic change. She wants to create a system outside the military’s hallowed chain of command to decide whether an alleged victim’s case should be prosecuted. That means a victim would not be at the mercy of his or commander in adjudicating a case.
It’s a resumption of a fierce fight with the Pentagon that was put off in December when Gillibrand’s bill was derailed by Senate procedural battles.
The deeply personal issue of assault has become distinctly personal inside the Senate, too — Gillibrand is squaring off against fellow female senators who are leading opposition toher bill.
Senate aides said the result may come down to the wire, with the lobbying of about 10 undecided senators likely to continue until the lastminute.
The appointment Friday of a new senator — Montana Lt. Gov. John Walsh, who backs Gillibrand’s bill— gives the junior New York senator 54 public supporters. She also claims several silent backers that put her near, but still short, of the 60 votes her bill will need to clear a Senate filibuster.
“I think we’ll get 60,” Gillibrand said.
Meanwhile, Sen. Claire McCaskill (D-Mo.) was distributing one-page summaries to undecided senators, urging them to oppose Gillibrand’s bill and back an alternative measure McCaskill and Sen. Kelly Ayotte (R-N.H.) have offered. While Gillibrand was conducting a lengthy news conference Thursday with sexual-assault victims, McCa- skill and Ayotte held a separate event to make their case. McCaskill has complained repeatedly that Gillibrand depicts opponents of her bill as opposed to sexual assault victims. “This has unfortunately been characterized as victims versus the Pentagon. McCaskill said last week. “And that does victims a real disservice.”
Gillibrand called Tuesday’s showdown “a vote of conscience” that will determine if senators are willing to “take on the status quo” and “the Department of Defense.”
McCaskill argues Gillibrand’s bill is unworkable as it would shift sexual assault and some other crimes to independent military prosecutors. Leaders of the armed forces strongly oppose the bill, arguing that military commanders must retain final responsibility for troops in their command.
Jeremiah Arbogast, a retired Marine who was drugged and sexually assaulted while on active duty, spoke at Gillibrand’s news conference last week. Sitting in a wheelchair, Arbogast explained that he became so tormented by his ordeal that he is a paraplegic as a result of a self-inflicted gunshot wound.
“The military justice system is fundamentally broken,” hesaid.