“U.S. Sens. Kirsten Gillibrand (D-N.Y.), Chuck Grassley (R-Iowa) and I recently announced that we will offer the bipartisan Military Justice Improvement Act as an amendment to this year’s National Defense Authorization Act. The Military Justice Improvement Act would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.
Despite years of Congressional reforms, thousands of service members are raped and sexually assaulted every year. In many of those cases, the assailant is someone in the survivor’s own chain of command. Only a small fraction of the perpetrators are ever held accountable for their violent crimes. Last year, the Department of Defense announced a record number of sexual assaults reported by or against service members, and yet, less than 10 percent of cases considered for command action ever proceeded to trial. Worse yet, despite repeated efforts to stamp out the scourge of retaliation against military sexual assault survivors, the most recent Pentagon survey found that 64 percent of survivors say they have experienced some form of retaliation for reporting the crime. That figure is statistically unchanged from 2016.”
You can listen to U.S. Navy veteran Brian Lewis’ March 13, 2013 testimony to the Senate Armed Services Subcommittee on Personnel here.
“Nearly 30 years ago, when George H. W. Bush was president and Dick Cheney was the secretary of defense, the Pentagon made a promise to our service members. Dozens of Navy and Marine Corps aviation officers had just been investigated for the infamous Tailhook sexual assault scandal, and America’s military leadership affirmed a “zero tolerance” policy toward sexual assault within their ranks. The military had a sexual assault problem, and pledged to solve it.
It’s painfully clear that the military has now failed at this mission by almost any metric. For years, survivor after survivor has told us the change in the system we needed to make to end this scourge — the same change that a number of our allies around the world have already made: take the adjudication of these crimes outside of the chain of command and allow trained military prosecutors to prosecute them.” Read more opinion at Military Timeshere.
“The Military Justice Improvement Act would take the prosecution of sexual assault and other serious crimes, such as murder, out of the chain of command. It would keep those crimes in the military justice system, but put the decision to prosecute them into the hands of actual military prosecutors who are trained to deal with complex legal issues.” –Senator Kirsten Gillbrand (Military Times, July 1, 2019)
Gillibrand Leads Bipartisan Coalition to Reform Military Justice System -Senator Kirsten Gillibrand (May 16, 2013)
“U.S. Senator Kirsten Gillibrand (D-N.Y.) and I today led a bipartisan group of senators to reintroduce the Military Justice Improvement Act, which would professionalize how the military prosecutes serious crimes by moving the decision over whether to prosecute them to independent, trained, professional military prosecutors.” –Sen. Ted Cruz (R-TX)
Editor’s Note: The below U.S. Senate list was compiled from the S. 967: MJIA of 2013 Senate Voting Record. The last time the Senate voted on the MJIA was March 6, 2014. Senator Gillibrand has reintroduced the MJIA every year since. Since 2014, the make-up of the Senate has changed. The still seated Senators who voted Yea and Nay in 2014 are listed as Yes and No in this list. The new senators who cosponsored the MJIA in 2019 have been added to the Yes list; the new Senators who stand with military brass (McSally & Ernst) have been added to the No list; and the rest of new Senators have been listed as unknown (Unk) because we don’t know how they will vote on this bill. Please contact your two Senators, these Senators, and both the SASC Members & HASC Members. Click on the Senator’s name and submit your support for the MJIA via the web or click on the Yes, Unk, or No to send them a message via Twitter. We provided an example tweet you can feel free to copy and paste or you can submit your own personalized message.
Listen to a NYPD sting operation recording of Harvey Weinstein here.
Both “The Invisible War” and “The Hunting Ground” were documentaries produced and directed by Hollywood filmmakers Kirby Dick and Amy Ziering. The Invisible War was an unvetted documentary about sexual assault and rape in the U.S. military. It was lauded by the masses, showcased at the Pentagon, and apparently used to influence Senator Claire McCaskill’s military justice legislation. Before we could wrap our heads around how these filmmakers had silenced veteran’s voices (again), they released The Hunting Ground, another unvetted documentary about sexual assault and rape on our nation’s campuses. And now we are learning that these documentaries were both funded and distributed by “serial predator” and Hollywood movie executive Harvey Weinstein of the Weinstein Company. In the wake of this provable scandal, Amy Ziering came to the defense of the indefensible and admitted in an interview that The Invisible War resulted in thirty five pieces of legislation passed by Congress.
The problem is the only laws passed were Senator Claire McCaskill’s bills. By taking credit for Claire McCaskill’s legislation (that military and veterans did not want), Ziering is admitting to undermining veteran’s efforts to secure due process rights for service members. We wanted them to have due process rights in the military justice system AND with non judicial punishment, retaliation, mental health, security clearance, and discharge. There’s nothing to take credit for unless you back Senator Claire McCaskill’s flawed military sexual assault legislation. Veterans resoundingly wanted the Military Justice Improvement Act sponsored by Senator Kirsten Gillibrand and supported by multiple bi-partisan Senators including conservatives who saw the constitutional issues with the command directed approach. BUT it was railroaded by Senator Claire McCaskill, Senator Carl Levin (now retired), and Senator Kelly Ayotte (now fired). And obviously backed by the filmmakers of a documentary about sexual assault funded and distributed by the very serial predator veterans were trying to hold accountable, especially the leadership tasked with implementing Senator McCaskill’s bills.
The connection has been made. In the wake of the flawed and failed policy in both the military and on college campuses, what these folks felt they knew was best actually created new victims. And it isn’t coincidental that the legislation passed in the military mirrors the unconstitutional use of preponderance of the evidence (50%+) on college campuses. This 2011 guidance came from Obama’s Department of Education Office of Civil Rights and Senator Claire McCaskill and Senator Kirsten Gillibrand are trying to get the policy codified as law with the CASA Act. In a stunning twist, newly appointed Secretary of Education Betsy DeVos reversed the harmful policy and reinstated due process protections for the accused on campus. The days of believe all women OR ELSE and holding institutions of authority hostage if you don’t believe the alleged victim are over on our college campuses. Campuses are able to reverse the harmful policy guidance but veterans have to reverse 35 pieces of sexual assault specific legislation that have had devastating consequences on military members and their families.
For all of its flaws and fabrications, “The Hunting Ground,” Harvey Weinstein’s activist documentary film about sexual assault on college campuses, finally succeeded in helping to actually identify a real predator — the filmmaker himself. And, although some of his apologists like filmmaker Rob Reiner tried to excuse Mr. Weinstein’s predatory behavior by saying that he should be lauded for having funded the film to expose the epidemic of rape on college campuses, “The Hunting Ground” helped to fuel a moral panic about sex abuse that directly led to Mr. Weinstein’s own professional demise…The good news is that as more and more powerful people become swept up in the hysteria surrounding sexual assault and people see themselves as vulnerable to such charges, the panic will end as spontaneously as it began. In some ways, a moral panic can be viewed as a “correction” — not unlike a market correction. We needed to bring attention to the Harvey Weinsteins lurking among us. Perhaps now we can now begin to look at sexual assault more rationally — identifying the “real” predators among us. Prof. Anne Hendershott, Washington Times
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)
“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.”
“One of the women interviewed was Lt. Col. Teresa James, the highest ranking officer to come forward with a rape claim in the National Guard, according to a recent report by the Guard. The News4 I-Team first brought you her story when she said she believes her 34-year military career with the West Virginia National Guard was destroyed after she reported her rape. Lt. Col. James attended the news conference and told the I-Team, ‘There’s nothing else they can do to hurt me. They did everything they could possibly do. It’s effecting change. That’s why I’m out today. It’s effecting change, and if I have to speak it, shout it from the rooftops, that’s what I’m going to do.’ Read more from NBC Washingtonhere.
Marine veteran Stephanie Schroeder addressing the United Nations (November 11, 2014)
Stephanie Schroeder is a retired United States Marine Corps veteran who was wrongfully discharged from service after reporting a felony crime to USMC authorities. As a result of reporting these crimes, she experienced retaliation from her peers and leadership and was subsequently given a honorable discharge but her DD 214 indicated that she was released from duty due to a personality disorder. Stephanie sought justice to right a wrong committed by her leadership. She was never given any testing to determine if she in fact had a personality disorder nor did she see any medical personnel who would have had an opportunity to diagnose her with a personality disorder. Through research and determination, Stephanie learned that other veterans who had reported sexual assault in the military had also experienced retaliation in one form or another after reporting the crime(s) to leadership. She vowed to not only fight for herself and the correction of her records but also to help prevent other service members from experiencing the same.
Stephanie Schroeder has been leading the way on military retaliation & personality disorder discharge reform for years. She participated in two federal lawsuits (Cioca v Rumsfeld & Klay v Panetta) that were dismissed because rape is incident to service. She advocates for both the Stop Act (Sexual Assault Training, Oversight, and Prevention Act) sponsored by Representative Jackie Speier and the Military Justice Improvement Act sponsored by Senator Kirsten Gillibrand. She represented victims of military sexual assault at the United Nations at the Geneva Conventions in Switzerland. She continues to represent Cornell University, Service Women’s Action Network, & Equality Now as an advocate before the United Nations and monitors/advises on sexual assault & retaliation policy implementation in the military. She is a board member for the United States Human Rights Network (USHRN) and the International Mechanisms Coordinating Committee Board (ICMM).
Jennifer Norris: Senate bill will still keep military sexual abuse cases within the chain of command of the military, leaving victims vulnerable to retaliation
