A Month in Review: In the News on Military Justice for All (December 2017)

Just got off the phone with Hillary. I’m honored to be her running mate. Can’t wait to hit the trail tomorrow in Miami!

— Senator Tim Kaine (@timkaine) July 23, 2016

579232cae10ae.image — Senator Tim Kaine (D-VA)

Hillary Clinton picked Senator Tim Kaine of Virginia as her Vice Presidential running mate. What is interesting about this pick is at one point in a Time magazine article in 2014, Clinton showed public support of the Military Justice Improvement Act, yet she chooses Senator Tim Kaine (D-VA) as her vice presidential running mate who has been blocking the bill since 2013. Of course Senator Angus King (I-ME) endorses this choice since he too has been blocking the due process bill sponsored by Senator Kirsten Gillibrand, Senator Susan Collins, Senator Rand Paul, Senator Ted Cruz, and many other bi-partisan Senators advocating for constitutional rights for military personnel and veterans.

“The move was surprising in that it means that if she becomes President, the normally hawkish Clinton would go against the advice of military brass and remove the cases from the chain of command. It also must have had a little bit of a silver lining dig at McCaskill, who endorsed Barack Obama over Clinton in 2008.” ~Time (2014)

Continue reading “Democratic Presidential Candidate Hillary Clinton Picks Virginia U.S. Senator Tim Kaine As VP Running Mate; Kaine Blocked Military Justice Improvement Act in Historic Vote (July 22, 2016)” →

Vox: The War in Congress Over Rape in the Military, Explained (June 8, 2016)

On June 8, 2016August 29, 2020 By AdministratorIn Accidents, Armed Forces, Army, Child Abuse, Cold Cases, Domestic Violence, Felony Crime, Homicide, In Their Name, Medical, Military Policy, Missing, National Guard, Navy, Non Combat Death, PTSD, TBI, Mental Illness, Scandals, Sexual Assault, Stateside Death, Suicide, Suspicious Deaths, True Crime, USAF, USCG, USMC, VeteransLeave a comment

By Emily Crockett

“Sexual assault is a huge problem in the US military. And for many victims, the process of reporting their crime and seeking justice can be as traumatic as their assault.

Most members of Congress and military officials agree that these basic facts are true, and that more reforms to the military justice system could help. But there’s a profound disagreement on how, and how much, the system needs to change.

The US Senate is expected to vote this week on the Military Justice Improvement Act (MJIA). Advocates, who have been pushing for the MJIA since 2013, say the reform would make the process of prosecuting sex crimes a lot easier and smoother for victims and help victims feel more empowered to come forward and report the crimes against them.

An unusual bipartisan cadre of senators support the MJIA, from Elizabeth Warren to Ted Cruz. But the Pentagon adamantly opposes it, and many senators listen to the Pentagon when it says the MJIA would undermine “good order and discipline.” So there’s still no filibuster-proof, 60-vote majority for the measure, and it’s been defeated every year it’s come up.”

S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)

On March 6, 2014June 27, 2019 By AdministratorIn Armed Forces, Army, Child Abuse, Cold Cases, Domestic Violence, Felony Crime, Homicide, In Their Name, Military Policy, National Guard, Navy, Non Combat Death, PTSD, TBI, Mental Illness, Sexual Assault, Suicide, USAF, USCG, USMCLeave a comment

Military Justice Improvement Act #PassMJIA

S. 967 – Military Justice Improvement Act of 2013 – Voting Record of U.S. Senate

NOTE: INVOKING CLOTURE REQUIRES A 3/5 MAJORITY OF THE SENATE. IT IS NOT A VOTE ON THE PASSAGE OF THE PIECE OF LEGISLATION, BUT LIMITS FURTHER DEBATE TO 30 HOURS. CLOTURE IS TYPICALLY USED TO END A FILIBUSTER. A FAILED CLOTURE VOTE OFTEN PREVENTS THE LEGISLATION FROM EVER COMING TO A VOTE.

NOTE: THIS LEGISLATION NEEDED A THREE-FIFTHS MAJORITY VOTE TO PASS.

Date: March 6, 2014
Issues: Crime, Military Personnel, Women
Bill: Military Justice Improvement Act of 2013
Roll Number: 59
Yea: 55
Nay: 45
Cloture Not Invoked (Senate)

Gillibrand brings victims’ voices to Senate floor in fight for military justice -U.S.Senator Kirsten Gillibrand (March 6, 2014)

Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act -Mazie Hirono (March 6, 2014)

Sen. Paul joined Senate colleagues to urge passage of the Military Justice Improvement Act. This piece of bipartisan legislation will combat sexual assault and other violent crimes in the military by restructuring the way in which they are reported and prosecuted. -Senator Rand Paul (March 6, 2014)

Floor Statement on the Military Justice Improvement Act -Senator Chuck Grassley (March 6, 2014)

U.S. Senator Jeanne Shaheen (D-NH) went to the Senate floor to reiterate her support for the Military Justice Improvement Act of which she is an original co-sponsor and call for its immediate passage. -Senator Jeanne Shaheen (March 6, 2014)

U.S. Senator Susan Collins spoke on the Senate floor today in strong support of legislation coming before the Senate that would address the crisis of sexual assault in the military. -Senator Susan Collins (March 6, 2014)

(Washington, D.C.) — Yesterday on the Senate floor, U.S. Senator Dean Heller (R-NV) spoke in support of Senator Kirsten Gillibrand’s (D-NY) bipartisan Military Justice Improvement Act (S. 1752). -[Former] Senator Dean Heller (March 6, 2014)

The Senate came within five votes of passing a major change to the military’s command structure. An amendment by Sen. Kirsten Gillibrand, D-N.Y., would have stripped commanders of authority over sexual assault cases and put everything in the hands of seasoned military trial lawyers. -CBS Evening News (March 6, 2014)

Senator Ted Cruz speaks out in support of a military sexual assault bill that was blocked in the Senate. -CNN (March 6, 2014)

PBS NewsHour: Hirono Fights For Military Justice Improvement Act -Mazie Hirono (March 7, 2014)

Senator Brian Schatz’s remarks on failure of Military Justice Improvement Act passage -Hawaii247.com (March 7, 2014)

Editors Note: The Senator’s name with a link is a Senator still serving in the U.S. Senate (as of June 24, 2019). You can click on the link and it will take you to their official Senate page. The Senators without a link have been voted out, left, retired, or died. If you click on the Vote link Yea or Nay, it will take you to the Senator’s twitter page. You can thank them for supporting the MJIA or remind those who voted Nay why the MJIA is so important.

State	District	Name	Party	Vote
AK	Jr	Sen. Mark Begich	Democratic	Yea
NH	Sr	Sen. Jeanne Shaheen	Democratic	Yea
MD	Sr	Sen. Barbara A. Mikulski	Democratic	Yea
MN	Jr	Sen. Al Franken	Democratic	Yea
VT	Jr	Sen. Bernard ‘Bernie’ Sanders	Independent	Yea
MN	Sr	Sen. Amy Klobuchar	Democratic	Yea
TX	Jr	Sen. Rafael Edward ‘Ted’ Cruz	Republican	Yea
NM	Jr	Sen. Martin T. Heinrich	Democratic	Yea
MA	Sr	Sen. Elizabeth A. Warren	Democratic	Yea
HI	Sr	Sen. Brian Emmaneul Schatz	Democratic	Yea
NY	Jr	Sen. Kirsten E. Gillibrand	Democratic	Yea
CA	Sr	Sen. Dianne Feinstein	Democratic	Yea
PA	Sr	Sen. Robert P. ‘Bob’ Casey Jr.	Democratic	Yea
IN	Sr	Sen. Joe Donnelly Sr.	Democratic	Yea
CT	Jr	Sen. Christopher S. ‘Chris’ Murphy	Democratic	Yea
HI	Jr	Sen. Mazie K. Hirono	Democratic	Yea
NV	Sr	Sen. Dean Heller	Republican	Yea
KY	Sr	Sen. Mitch McConnell	Republican	Yea
CA	Jr	Sen. Barbara Boxer	Democratic	Yea
VT	Sr	Sen. Patrick J. Leahy	Democratic	Yea
DE	Jr	Sen. Christopher A. ‘Chris’ Coons	Democratic	Yea
CO	Sr	Sen. Michael Farrand Bennet	Democratic	Yea
LA	Sr	Sen. David B. Vitter	Republican	Yea
WA	Sr	Sen. Patty Murray	Democratic	Yea
IA	Sr	Sen. Charles E. ‘Chuck’ Grassley	Republican	Yea
ND	Jr	Sen. Heidi Heitkamp	Democratic	Yea
WV	Sr	Sen. John D. ‘Jay’ Rockefeller IV	Democratic	Yea
NJ	Sr	Sen. Robert ‘Bob’ Menendez	Democratic	Yea
OR	Jr	Sen. Jeffery A. ‘Jeff’ Merkley	Democratic	Yea
LA	Sr	Sen. Mary L. Landrieu	Democratic	Yea
CO	Sr	Sen. Mark E. Udall	Democratic	Yea
AR	Sr	Sen. Mark Lunsford Pryor	Democratic	Yea
ME	Sr	Sen. Susan M. Collins	Republican	Yea
IL	Sr	Sen. Richard J. ‘Dick’ Durbin	Democratic	Yea
WY	Sr	Sen. Michael B. ‘Mike’ Enzi	Republican	Yea
WA	Jr	Sen. Maria Cantwell	Democratic	Yea
MI	Sr	Sen. Debbie Ann Stabenow	Democratic	Yea
NY	Sr	Sen. Charles E. ‘Chuck’ Schumer	Democratic	Yea
OR	Sr	Sen. Ron Wyden	Democratic	Yea
IA	Jr	Sen. Thomas ‘Tom’ Harkin	Democratic	Yea
OH	Sr	Sen. Sherrod C. Brown	Democratic	Yea
NJ	Jr	Sen. Cory A. Booker	Democratic	Yea
NE	Sr	Sen. Mike O. Johanns	Republican	Yea
NM	Sr	Sen. Thomas S. ‘Tom’ Udall	Democratic	Yea
KS	Jr	Sen. Jerry W. Moran	Republican	Yea
NV	Sr	Sen. Harry M. Reid	Democratic	Yea
MD	Sr	Sen. Benjamin L. ‘Ben’ Cardin	Democratic	Yea
KY	Jr	Sen. Rand Paul	Republican	Yea
SD	Sr	Sen. Timothy Peter ‘Tim’ Johnson	Democratic	Yea
MA	Jr	Sen. Edward J. ‘Ed’ Markey	Democratic	Yea
MT	Jr	Sen. John E. Walsh	Democratic	Yea
NC	Jr	Sen. Janet R. ‘Kay’ Hagan	Democratic	Yea
AK	Sr	Sen. Lisa A. Murkowski	Republican	Yea
CT	Sr	Sen. Richard ‘Dick’ Blumenthal	Democratic	Yea
WI	Jr	Sen. Tammy Baldwin	Democratic	Yea
MT	Sr	Sen. Jon Tester	Democratic	Nay
IL	Jr	Sen. Mark Steven Kirk	Republican	Nay
ID	Jr	Sen. James E. ‘Jim’ Risch	Republican	Nay
FL	Sr	Sen. Marco Rubio	Republican	Nay
ND	Sr	Sen. John H. Hoeven	Republican	Nay
RI	Jr	Sen. Sheldon Whitehouse	Democratic	Nay
WI	Sr	Sen. Ron Johnson	Republican	Nay
VA	Sr	Sen. Mark R. Warner	Democratic	Nay
SC	Jr	Sen. Timothy E. ‘Tim’ Scott	Republican	Nay
VA	Jr	Sen. Timothy M. ‘Tim’ Kaine	Democratic	Nay
TN	Jr	Sen. Robert ‘Bob’ Corker	Republican	Nay
DE	Sr	Sen. Thomas Richard ‘Tom’ Carper	Democratic	Nay
NE	Sr	Sen. Deb Fischer	Republican	Nay
AZ	Sr	Sen. Jeff Flake	Republican	Nay
NH	Jr	Sen. Kelly A. Ayotte	Republican	Nay
MS	Sr	Sen. Roger F. Wicker	Republican	Nay
ID	Sr	Sen. Michael D. ‘Mike’ Crapo	Republican	Nay
UT	Sr	Sen. Orrin G. Hatch	Republican	Nay
GA	Sr	Sen. Clarence Saxby Chambliss	Republican	Nay
FL	Sr	Sen. William Clarence ‘Bill’ Nelson Sr.	Democratic	Nay
AL	Sr	Sen. Richard C. Shelby	Republican	Nay
MO	Sr	Sen. Claire McCaskill	Democratic	Nay
ME	Jr	Sen. Angus S. King Jr.	Independent	Nay
RI	Sr	Sen. John Francis ‘Jack’ Reed	Democratic	Nay
MO	Sr	Sen. Roy Blunt	Republican	Nay
TN	Sr	Sen. Lamar Alexander	Republican	Nay
SD	Sr	Sen. John R. Thune	Republican	Nay
IN	Sr	Sen. Daniel R. ‘Dan’ Coats	Republican	Nay
UT	Sr	Sen. Michael ‘Mike’ Lee	Republican	Nay
PA	Jr	Sen. Patrick J. ‘Pat’ Toomey	Republican	Nay
OH	Jr	Sen. Robert J. ‘Rob’ Portman	Republican	Nay
MS	Sr	Sen. Thad Cochran	Republican	Nay
TX	Sr	Sen. John Cornyn	Republican	Nay
NC	Sr	Sen. Richard M. Burr	Republican	Nay
SC	Sr	Sen. Lindsey O. Graham	Republican	Nay
AZ	Sr	Sen. John Sidney McCain III	Republican	Nay
OK	Sr	Sen. James M. ‘Jim’ Inhofe	Republican	Nay
MI	Sr	Sen. Carl Levin	Democratic	Nay
NA		None Jefferson Beauregard ‘Jeff’ Sessions III	Republican	Nay
KS	Sr	Sen. Charles Patrick ‘Pat’ Roberts	Republican	Nay
WY	Jr	Sen. John Barrasso	Republican	Nay
WV	Sr	Sen. Joseph ‘Joe’ Manchin III	Democratic	Nay
GA	Sr	Sen. John H. ‘Johnny’ Isakson	Republican	Nay
OK	Jr	Sen. Thomas Allen ‘Tom’ Coburn	Republican	Nay
AR	Sr	Sen. John N. Boozman	Republican	Nay

Politico: McCaskill’s ‘lonely’ sex-assault stand (2013)

On November 19, 2013March 4, 2018 By AdministratorIn Armed Forces, Army, Child Abuse, Domestic Violence, Felony Crime, Homicide, Military Policy, Navy, Sexual Assault, USAF, USCG, USMCLeave a comment

Sen. Claire McCaskill is on the verge of a historic victory reforming the Pentagon’s sexual assault policies.

But rather than basking in acclaim during the debate’s climatic week in the Capitol, the Missouri Democrat finds herself paying a political cost for being an outlier within her own caucus. She’s the only one of the Senate’s 16 Democratic women opposing a much more sweeping change that removes the chain of command from prosecuting sexual assault and other major military crimes.

Senator Mazie Hirono (D-Hawaii) Cosponsored the Military Justice Improvement Act; Currently Serving as Senate Armed Services Committee Member (May 16, 2013)

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Hawaii Delegation Backs Reforms Against Military Sexual Assaults (May 16, 2013) by Kery Murakami, Honolulu Civil Beat

New legislation would make it easier for victims of sexual assaults in the military to come forward.

“WASHINGTON, D.C. — A burgeoning scandal over sexual assaults in the military is fueling calls from congressional lawmakers on both sides of the aisle to support a bill that gives victims greater confidence that they’ll get justice. At an emotional press conference on Thursday where former service members spoke of being sexually assaulted while in the military, Sen. Mazie Hirono and Rep. Tulsi Gabbard joined a bipartisan group in both chambers in pushing for reform. The issue was a personal one for Gabbard, who served two tours of duty in the Middle East with the National Guard. Though she was not available for comment Thursday, she told CNN earlier this month that rape culture was prevalent during her first deployment to Iraq, to the point where soldiers were trained on protecting themselves from other soldiers.”

At [the] press conference, Jennifer Norris said she was raped while serving in the U.S. Air Force. “At first I was too afraid to report my assault to my chain of command, but two years later I was forced to report due to the escalation of the behavior and the fear that I would be raped again,” she said. Norris…said she’d been reluctant to report the rape because, “in the Air Force, I witnessed first hand what happens to those who stepped forward to report their assaults. I did not want to be stigmatized for reporting my assault — as I tried to move forward with my career. Instead, the best option for me was to try and endure it, to suck it up and try and make it until I could get transferred somewhere else — only to have it happen over and over again, like a recurring nightmare.” –Honolulu Civil Beat (May 16, 2013)

Read more from Honolulu Civil Beat here.

In the News:

U.S. Senator Mazie K. Hirono was joined today by victims of sexual assault in the military and organizations who assist victims of Military Sexual Trauma (MST) to announce new bipartisan, bicameral legislation that would reform the military justice system by removing the prosecution of all crimes punishable by one year or more in confinement from the chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. -Mazie Hirono (September 25, 2013)

Senator Mazie K. Hirono joined a diverse coalition, led by Senator Kirsten Gillibrand (D-NY), to call for the creation of a fair military justice system to reverse the systemic obstacles that sexual assault victims face. The Military Justice Improvement Act would remove the military’s chain of command’s sole decision-making power over whether cases move forward to trial. -Mazie Hirono (November 6, 2013)

Hirono Speaks In Support Of The Military Justice Improvement Act. -Mazie Hirono (November 14, 2013)

With Vote Looming, Hirono Urges Support For Military Justice Improvement Act -Mazie Hirono (November 20, 2013)

Before Senate Vote, Hirono Urges Colleagues To Pass Military Justice Improvement Act -Mazie Hirono (March 6, 2014)

PBS NewsHour: Hirono Fights For Military Justice Improvement Act -Mazie Hirono (March 7, 2014)

Senator Hirono Calls to Address Military Sexual Assault -Mazie Hirono (May 24, 2016)

Senator Hirono Presses Marine Corps Commandant for Commitment to Address Military Sexual Assualt -Mazie Hirono (March 14, 2017)

Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)

On December 25, 2011June 22, 2019 By AdministratorIn Armed Forces, Army, Domestic Violence, Felony Crime, Homicide, In Their Name, Military Policy, Navy, PTSD, TBI, Mental Illness, Scandals, Sexual Assault, USAF, USCG, USMCLeave a comment

The family of slain Marine Lance Cpl. Maria Lauterbach is hailing recent provisions in the National Defense Authorization Act that profoundly change the way the Department of Defense will handle sexual assault charges.

The Defense STRONG Act has cleared both the House and the Senate and is awaiting President Barack Obama’s signature. Provisions include access to legal counsel for victims and the right to request a base transfer.

Lauterbach’s mother, Mary Lauterbach of Vandalia, said the new law would have made the difference in the case of her daughter, who was denied a base transfer after accusing fellow Marine Cesar Laurean of sexual assault. “Maria would be alive today if the base transfer had been available to her,” she said.

Turner concurred, “In civilian life you have complete control of your movements, and if you’re in an unsafe situation you can remove yourself. In military life, the victim needs permission to take even basic self-preservation actions.”

In the News:

New provisions handed down from the Department of Defense are giving sexual assault victims in the military rights they never had before. It’s all thanks to the fight from Congressman Mike Turner and a local mother Mary Lauterbach. The provisions make certain that a victim has legal counsel throughout the whole process so they understand what their legal rights are and how to protect themselves. The provisions also remove the accused from the situation and not the victim. -WKEF/WRGT (August 15, 2013)

A major hurdle cleared for sexual assault victims in the military. Congress passed a bill that would give victims rights and protection they never had before. The push came after the tragic murder of local marine Maria Lauterbach and her unborn son. Congress approved a bill that would give military sexual assault victims legal counsel and criminalize retaliation against any victim. “If Maria had had this, she would be alive today, it’s very important.” The bill now heads to President Barack Obama for his signature. -WKEF/WRGT (December 20, 2013)

Law protecting military victims of sexual assault discussed. -WDTN-TV (May 1, 2018)

Key changes in military policy

By executive order, communication between victims and victim advocates will now be privileged. Previously conversations between victim and victim advocates can be subpoenaed in court, making victims reluctant to come forward. Pending legislation HR 1540, passed by both the House and Senate, provides for:
Legal assistance for victims of sexual assault. Previously, only defendants in the military have been guaranteed access to a lawyer.
Stricter training guidelines and greater oversight for Sexual Assault Response Coordinators and Sexual Assault Victim Advocates.
Retention of sexual assault records with lifetime access for service members.
The victim’s right to a base transfer or unit transfer. Under the new law, these requests will be expedited, with decisions being made within 72 hours and the bias should be in favor of the victim.

Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)

On April 12, 2011July 3, 2019 By AdministratorIn Armed Forces, Army, Domestic Violence, Felony Crime, Homicide, In Their Name, Military Policy, Navy, PTSD, TBI, Mental Illness, Scandals, Sexual Assault, USCG, USMCLeave a comment

[Former] Rep. Bruce Braley introduces the Holley Lynn James Act — a bill to help victims of sexual assault and domestic violence in the military get justice. The bill is named after Holley Lynn James, a constituent of [former] Rep. Braley who was killed by her husband while both were in the service. -[Former] Rep. Bruce Braley (April 12, 2011)

In Their Name:

Samatha Field, U.S. Army Spouse (March 2018)
Abree Boykin, U.S. Army Spouse (June 2018)
Sgt. Brittany Silvers, U.S. Army (October 2018)
Debbie Forrest, U.S. Army Spouse (January 2019)
Sgt. Tyrone Hassel, U.S. Army (February 2019)
Staff Sgt Amy Colburn, U.S. Army (April 2019)
Sgt. Brandyn Paonessa, U.S. Army (June 2019)
30 Military Domestic Abuse/Homicide Cases (2017)
Domestic Violence, Where Does it End? (Jesse James, 2012)

******************************************************************

Holley Lynn James Wimunc 2 — 2nd Lt. Holley Lynn James, U.S. Army

“The U.S. military could crack down on internal cases of sexual and domestic abuse. That’s if a bill that [former] Congressman Bruce Braley has written becomes law. The bill is named after this former Dubuque [Iowa] woman. In 2008, Holley Lynn James’ husband killed her at their home at a military base in North Carolina. Both James and her husband John Wimunc were in the military. [KCRG spoke with James’ father] Call it a gut feeling or a father’s intuition, during the spring of 2008 Jesse James knew something wasn’t right with his daughter’s marriage. ‘We were constantly calling the unit, calling the unit and they would do something but it didn’t last very long’ (Jesse James) Two months before her death, Army 2nd Lt. Holley James filed a domestic violence complaint with police against her estranged husband Marine Corporal John Wimunc.

[Wimunc] later killed Holley, dismembered her body, then set her apartment on fire. ‘The military has never had a system of investigating and prosecuting these cases’ (Jesse James). But [former] Congressman Braley’s new bill aims to change all that. It would create an Inspector General’s office to handle abuse cases. There would be a resource department for victims and would include a neutral third party investigator. ‘This isn’t an indictment on military leaders, it’s just that people who are more qualified with the life experiences to investigate and prosecute these things need to be doing it’ (Jesse James). James says he’ll never know but a department like this may have saved his daughter’s life…John Wimunc pleaded guilty to Holley James murder and a judge sentenced him to life in prison without parole. James had two children from a previous relationship. Jesse James says the children are doing well and living with their father…”

“Last year the Department of Defense reported more than 3000 instances of sexual assault in the military. Now [former] Iowa Congressman Bruce Braley has introduced legislation that aims to bring that number down. ‘When it has to do with woman serving their country in the military, I can’t think of a better reason for people to come together and come up with a solution to an alarming problem’ (Rep. Bruce Braley). In Dubuque today, Braley spoke about the Holley Lynn James Act. It would help victims of sexual and domestic abuse in the military. The bill is named after the Dubuque native and Army 2nd Lt. [Holley Lynn James] who was killed by her husband [John Wimunc] in 2008. The bill would enlist the office of Inspector General to provide independent oversight in reported cases.” –KCRG-TV (April 12, 2011)

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