Senate Armed Services Subcommittee on Personnel Hearings: Sexual Assault in the Military (March 24, 2021)

“Sexual assault victims and victims’ advocates testified on the need for Congress to address prevention and handling of such cases in the military. The Senate Armed Services Subcommittee on Personnel convened the hearing and was considering various proposals, including making changes to the military justice system, to address how assault cases are prosecuted.”Sexual Assault in the Military | CSPAN.org (March 24, 2021)

Video:

Senate armed services committee holds hearing on sexual assault in the military
Senator Elizabeth Warren on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
How personal experience is guiding this military corp’s attempt to combat sexual assault
Sen. Gillibrand Pushes For Sexual Assault Reform In Military

Witness Testimony of Ms. Amy Braley Franck, Founder, Never Alone:

Download Testimony here.

Chairman Gillibrand, Ranking Member Tillis, and Members of the Committee, I thank you for this opportunity.  

My name is Amy Braley Franck I have been working with victims of sexual violence since 2006.  Currently employed as Victims’ Advocate at 416th Theater Engineer Command.  

I am currently being retaliated against for reporting Command for illegally concealing and failing to report 3 violent Sexual Assaults to Law Enforcement.  

I have been on a paid suspension since 20 November 2019 the day after I emailed LTG Charles Luckey the evidence.  I emailed the same evidence to the Chief of Staff of the Army, GEN James McConville on 22 November 2019.  I also sent this evidence to the Chairman of the Joint Chiefs of Staff, GEN Mark Milley and DOD SAPRO Admiral Burkhart and Nate Galbreath.  This evidence mirrors what was documented in the Ft. Hood Report. 

Sexual assaults and violent rapes not reported to CID or Law Enforcement, there was retaliation against victims and reporters of crimes, no Case Management Group or attendance for over a year.  

I have been left in this “suspension” after protecting victims and reporting command for over 16 months completely ostracized and isolated in retaliation.   

This evidence was reported to the Office of Special Counsel and the DOD IG  

The Army’s Internal 15-6 process has impeded justice for my victims and myself.  This internal investigative process does not allow for transparency and should be abolished. 

17-year-old Private in Granite City, Illinois reserve center was raped resulting in broken bones.  She had to stand next to her assailant in formation.  The Command’s illegal 15-6 investigation was documented in a Memorandum for Record. 

For over a year no one assisted her until I was notified in June 2019 but after my suspension, that ended. 

Advocates are continually blocked by layers of Command from protecting their victims.  When Commanders ignore the advice of Advocates, we have no recourse.  There are no consequences for Commanders when they violate law.      

Documented by the number of murders and murders by suicide.  Nicole Burnham’s, Brigade Commander Col John Mountford left Nicole in the same barracks at Camp Casey with her offenders raped and later gang raped tortured for over 82 days before her Transfer was executed.  Nicole is dead. 

Staff Sgt. Morgan Robinson’s first offender is still serving in the Oklahoma Army National Guard.  Staff Sgt. Robinson’s report of 9 Special Forces Soldiers placing a covering over her head, dragging her out of a tent and gang-raping her. Never investigated.  

An outstanding Soldier committed Suicide; she was not protected.  

Lavena Johnson’s brutal murder has never been investigated. The Army still states that it was a suicide.  

16 years later the toxic culture again exposed with the murder of Vanessa Guillen.  

This is not isolated to Fort Hood, documented across all components of the Military.   

Ft. Campbell April 2020 another victim of a gang rape was arrested illegally by CID and denied counsel. 

MG Shadley retired alerted MG Donna Martin.  Nothing was done. 

Never Alone helped Soldier with Suicidal Ideations.  She is still fighting to clear her record.     

Fort Bliss, 31 December 2020 Pfc. Asia Graham was found dead. Asia’s offender is identified as an accused serial rapist.   Walking free no pre-trial confinement.  He continued to live in the same barracks on the same floor with Asia and was moved into Headquarters Company with Asia until her untimely death. 

Asia’s leadership failed to protect her after she reported her rape in February 2020 not June.  

PVT Richard Halliday is still missing from Ft. Bliss. 

When victims and victim advocates speak out about the broken process and illegal actions of commanders.  We face severe retaliation.  

All felony crimes murder, rape, sexual assault, domestic violence do not belong within the chain of Command’s control to investigate or prosecute.   

Kamisha Block’s death deemed friendly fire, she was murdered due to Domestic Abuse. 

The Abuse of Power is real. 

In Italy the Provost Marshal,LTC Michae Parsons Army Garrison filed an espionage charge in Italian Court against an Army Spouse, Michela Morellato.  Retaliation for exposing Gen Harrington resulting in his firing and demotion.  This retaliation was reported to GEN Milley and IG.  Nothing was done.    

Illegal internal 15-6 process.  Ability to redact investigations. None of us will ever know the truth or get justice.   

Just this week my own sexual assault by a 2-star general still under investigation was improperly released to be weaponized against another sexual assault advocate during an unrelated court martial. The military has no checks and balances.    

I was raised in the military and a proud mother of a Veteran.  I will not stop until our Military is a safe.  “Sexual misconduct is an abuse of power and force protection issue.  The inability of commanders to execute essential command functions of “protection” is a significant threat to the United States Military’s ability to protect this great Nation.”  Soldiers should Never be Alone.

Other Witnesses:
Ms. Amy Marsh, Military Spouse
Mr. Quinton McNair, Former SARC/SHARP Victim Advocate
Ms. Brenda S. Farrell, Director, Defense Capabilities And Management, GAO
Mr. Eugene R. Fidell, Senior Research Scholar, Yale Law School Adjunct Professor Of Law, New York University Law School
Colonel Don M. Christensen, USAF (Ret.), President, Protect Our Defenders
Colonel Lawrence J. Morris, USA Ret. (No electronic testimony submitted)

Honoring the Fallen:

Related Links:
Sexual Assault in the Military | C-SPAN.org
SASC Sexual Assault in the Military Hearings Press Release (March 24, 2021) 
Senate armed services committee holds hearing on sexual assault in the military
Senate panel holds hearing on sexual assault in the military | FULL HEARING
Senate Armed Services Committee hearing on sexual assault in the military
How personal experience is guiding this military corp’s attempt to combat sexual assault
Transcript for Committee on Armed Services to Receive Testimony on Sexual Assault in the Military
Sen. Gillibrand: sexual assault in military an ‘epidemic’ that’s getting worse
Gillibrand renews push for military sexual assault reform
Gillibrand launches new push to punish sexual predators in the military
Pentagon leaders have opposed plans overhauling the military system for trying sexual assault for years. Has the time come for change?
‘Just heartbreaking’: Sen. Gillibrand pushes for sexual assault reform in military
Editorial — Military injustice: Independent prosecutors should handle sexual assault cases
Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)
“They took her soul”: Army did “nothing” for soldier who reported sexual assault, mom says
Speier, Mullin Introduce Bipartisan ‘I Am Vanessa Guillén Act’ to Transform the Military’s Response to Sexual Violence & Missing Servicemembers (September 16, 2020)
Fort Campbell Army Pfc. LaVena Johnson Died of Non Combat Related Injuries in Iraq; Death Ruled Suicide But Independent Investigation Revealed Rape and Murder (July 19, 2005)
Report of the Fort Hood Independent Review Committee (November 6, 2020)
New sexual assault accusations after soldier’s death at Fort Bliss; Army opens investigation
Search Continues for Fort Bliss Soldier Reported Missing Over 200 Days
Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
Find Richard Halliday | Facebook

Senators Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)

Pass MJIA 2.png

Find contact information and how your Senators voted here.

Contact the SASC & HASC Members here.

Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

“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.”

Read more here.

SASC: Senate Armed Services Committee
HASC: House Armed Services Committee

Related Links:
Chair Jackie Speier NDAA Provisions Address Military Sexual Assault, Intimate Partner Violence, Racial Justice, Ethics, Military Families, and DoD Oversight and Modernization (July 2, 2020)
Sens. Cruz, Gillibrand, Grassley Offer Bipartisan Military Justice Improvement Act as Amendment to Defense Bill (July 2, 2020)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Military Policy and Legislation Considerations for the Investigations of Non Combat Death, Homicide, and Suicide of US Service Members
15 Active Duty Cases That Beg for Prevention Efforts, Military Justice Reform, and the End of the Feres Doctrine
Washington D.C. Veteran’s Presentation on the Current Status of the Armed Forces at Fort Hood in Texas (December 12, 2017)
Army Soldiers at Fort Hood in Texas Are Dying at Alarming Rates Stateside (January 1, 2016 to Present)
August: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (August 31, 2017)
September: U.S. Department of Defense Casualties Report from September 11, 2001 to Present (September 30, 2017)
Non Combat Deaths of Female Service Members in the U.S. Military (Iraq)
Non Combat Deaths of Female Soldiers in the US Military (Afghanistan)
Non Combat Deaths of Female Soldiers in the US Military (Other Areas)

Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

Featured

Brian Lewis MJIA.jpg

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 Times here.

“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)

Related Links:
Pass the Military Justice Improvement Act @SenGillibrand
S. 1789: Military Justice Improvement Act of 2019
S. 1789: Military Justice Improvement Act of 2019 [Full Text]
Comprehensive Resource Center for the Military Justice Improvement Act
Sens. Cruz, Gillibrand Reintroduce Military Justice Improvement Act
Udall, Heinrich Reintroduce Military Justice Improvement Act To Address Crisis Of Military Sexual Assault
Leahy Joins Gillibrand And Others To Reintroduce Military Justice Improvement Act
Hirono Wants To Change How The Military Prosecutes Sexual Assault
Senator Martha McSally’s Responsibility to Survivors of Military Sexual Assault
McSally defends keeping military commanders involved in sexual assault cases
Gillibrand: “Status Quo” Not Working With Military Sexual Assaults
Veterans for Peace: Sexual Assault on Military Members Press Conference, Seattle, Washington (August 11, 2006)
Jamie Leigh Jones Testified at the House Judiciary Committee Halliburton/KBR Iraq Rape Case Hearing (December 19, 2007)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Sexual Misconduct Allegations at Lackland AFB | C-SPAN (January 23, 2013)
Panetta Is Lifting Ban On Women In Combat Roles (NPR, January 23, 2013)
Sexual Assault in the Military, Part 1 | C-SPAN (March 13, 2013)
Sexual Assault in the Military, Part 2 | C-SPAN (March 13, 2013)
Gillibrand Leads Bipartisan Coalition to Reform Military Justice System [Full Video] | Senator Kirsten Gillibrand (May 16, 2013)
Gillibrand Builds Bipartisan Support for Change of Military Justice Code (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
The war in Congress over rape in the military, explained (June 8, 2016)
Sexual Assault in the Military | C-SPAN (March 6, 2019)
S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)

S. 1789: Military Justice Improvement Act of 2019 Reintroduced by Republican Senator Ted Cruz of Texas and Democratic Senator Kirsten Gillibrand of New York (June 13, 2019)

Bipartisan Support MJIA 2.jpg

Military Justice Improvement Act #PassMJIA

Sens. Cruz, Gillibrand Reintroduce Military Justice Improvement Act (June 13, 2019)

“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)

The Military Justice Improvement Act (MJIA) of 2019 is sponsored by Senator Kirsten Gillibrand (D-NY) and cosponsored by Sens. Ted Cruz (R-Texas), Chuck Grassley (R-Iowa), Tammy Duckworth (D-Ill.), Jeanne Shaheen (D-N.H.), Patrick Leahy (D-Vt.), Dick Durbin (D-Ill.), Elizabeth Warren (D-Mass.), Michael Bennet (D-Colo.), Jeff Merkley (D-Ore.), Richard Blumenthal (D-Conn.), Ron Wyden (D-Ore.), Mazie Hirono (D-Hawaii), Maggie Hassan (D-N.H.), Tammy Baldwin (D-Wis.), Chris Coons (D-Del.), Bob Menendez (D-N.J.), Dianne Feinstein (D-Calif.), Tom Udall (D-N.M.), Amy Klobuchar (D-Minn.), Sherrod Brown (D-Ohio), Lisa Murkowski (R-Alaska), Tina Smith (D-Minn.), Cory Booker (D-N.J.), Bernie Sanders (I-Vt.), Bob Casey (D-Pa.), Rand Paul (R-Ky.), Kamala Harris (D-Calif.), Ed Markey (D-Mass.), and Martin Heinrich (D-N.M.).

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.

Example Tweet:

.@Sen_JoeManchin

Reasons we need your support:
1. Kamisha Block @USArmy: wp.me/p3XTUi-yc
2. Paige Briles #Army: wp.me/p3XTUi-5kn
3. Brandon Caserta @USNavy: wp.me/p3XTUi-8zg
4. @forthood Stateside Deaths: wp.me/p3XTUi-5oF

#PassMJIA @SASCDems

UNITED STATES SENATORS (2019)

C = Cosponsor of Military Justice Improvement Act
S = Senate Armed Service Committee (SASC) Member

State District Name Party Vote
NH Sr, C, S Sen. Jeanne Shaheen Democratic Yes
VT Jr, C Sen. Bernard Sanders Independent Yes
MN Sr, C Sen. Amy Klobuchar Democratic Yes
TX Jr, C Sen. Ted Cruz Republican Yes
NM Jr, C, S Sen. Martin Heinrich Democratic Yes
MA Sr, C, S Sen. Elizabeth Warren Democratic Yes
HI Sr Sen. Brian Schatz Democratic Yes
NY Jr, C, S Sen. Kirsten Gillibrand Democratic Yes
CA Sr, C Sen. Dianne Feinstein Democratic Yes
PA Sr, C Sen. Bob Casey Democratic Yes
CT Jr Sen. Chris Murphy Democratic Yes
HI Jr, C, S Sen. Mazie Hirono Democratic Yes
KY Sr Sen. Mitch McConnell Republican Yes
VT Sr, C Sen. Patrick Leahy Democratic Yes
DE Jr, C Sen. Chris Coons Democratic Yes
CO Sr, C Sen. Michael Bennet Democratic Yes
WA Sr Sen. Patty Murray Democratic Yes
IA Sr, C Sen. Charles Grassley Republican Yes
NJ Sr, C Sen. Bob Menendez Democratic Yes
OR Jr, C Sen. Jeffery Merkley Democratic Yes
ME Sr Sen. Susan Collins Republican Yes
IL Sr, C Sen. Richard Durbin Democratic Yes
WY Sr Sen. Michael Enzi Republican Yes
WA Jr Sen. Maria Cantwell Democratic Yes
MI Sr Sen. Debbie Stabenow Democratic Yes
NY Sr Sen. Charles Schumer Democratic Yes
OR Sr, C Sen. Ron Wyden Democratic Yes
OH Sr, C Sen. Sherrod Brown Democratic Yes
NJ Jr, C Sen. Cory Booker Democratic Yes
NM Sr, C Sen. Tom Udall Democratic Yes
KS Jr Sen. Jerry Moran Republican Yes
MD Sr Sen. Ben Cardin Democratic Yes
KY Jr, C Sen. Rand Paul Republican Yes
MA Jr, C Sen. Edward Markey Democratic Yes
AK Sr, C Sen. Lisa Murkowski Republican Yes
CT Sr, C, S Sen. Richard Blumenthal Democratic Yes
WI Jr, C Sen. Tammy Baldwin Democratic Yes
MN Jr, C Sen. Tina Smith Democratic Yes
NH Jr, C Sen. Maggie Hassan Democratic Yes
CA Jr, C Sen. Kamala Harris Democratic Yes
IL Jr, C, S Sen. Tammy Duckworth Democratic Yes
MD Jr Sen. Chris Van Hollen Democratic Unk
AK Jr, S Sen. Dan Sullivan Republican Unk
IN Jr Sen. Mike Braun Republican Unk
IN Jr Sen. Todd Young Republican Unk
NV Jr Sen. Jacky Rosen Democratic Unk
NV Jr Sen. Catherine Cortez Masto Democratic Unk
LA Jr Sen. John Kennedy Republican Unk
LA Jr Sen. Bill Cassidy Republican Unk
ND Jr, S Sen. Kevin Cramer Republican Unk
WV Jr Sen. Shelley Moore Capito Republican Unk
CO Jr Sen. Cory Gardner Republican Unk
AR Sr, S Sen. Tom Cotton Republican Unk
NE Jr Sen. Ben Sasse Republican Unk
SD Jr, S Sen. Mike Rounds Republican Unk
MT Jr Sen. Steve Daines Republican Unk
NC Jr, S Sen. Thom Tillis Republican Unk
TN Jr, S Sen. Marsha Blackburn Republican Unk
AZ Jr Sen. Kyrsten Sinema Democratic Unk
UT Jr Sen. Mitt Romney Republican Unk
GA Jr, S Sen. David Perdue Republican Unk
FL Jr, S Sen. Rick Scott Republican Unk
MO Jr, S Sen. Josh Hawley Republican Unk
MS Jr Sen. Cindy Hyde-Smith Republican Unk
MI Jr, S Sen. Gary Peters Democratic Unk
OK Jr Sen. James Lankford Republican Unk
AL Jr, S Sen. Doug Jones Democratic Unk
AZ Jr, S Sen. Martha McSally Republican No
IA Jr, S Sen. Joni Ernst Republican No
MT Sr Sen. Jon Tester Democratic No
ID Jr Sen. James Risch Republican No
FL Sr Sen. Marco Rubio Republican No
ND Sr Sen. John Hoeven Republican No
RI Jr Sen. Sheldon Whitehouse Democratic No
WI Sr Sen. Ron Johnson Republican No
VA Sr Sen. Mark Warner Democratic No
SC Jr Sen. Timothy Scott Republican No
VA Jr, S Sen. Tim Kaine Democratic No
DE Sr Sen. Tom Carper Democratic No
NE Sr, S Sen. Deb Fischer Republican No
MS Sr, S Sen. Roger Wicker Republican No
ID Sr Sen. Mike Crapo Republican No
AL Sr Sen. Richard Shelby Republican No
ME Jr, S Sen. Angus King Independent No
RI Sr, S Sen. Jack Reed Democratic No
MO Sr Sen. Roy Blunt Republican No
TN Sr Sen. Lamar Alexander Republican No
SD Sr Sen. John Thune Republican No
UT Sr Sen. Mike Lee Republican No
PA Jr Sen. Patrick Toomey Republican No
OH Jr Sen. Rob Portman Republican No
TX Sr Sen. John Cornyn Republican No
NC Sr Sen. Richard Burr Republican No
SC Sr Sen. Lindsey Graham Republican No
OK Sr, S Sen. Jim Inhofe Republican No
KS Sr Sen. Pat Roberts Republican No
WY Jr Sen. John Barrasso Republican No
WV Sr, S Sen. Joe Manchin Democratic No
GA Sr Sen. Johnny Isakson Republican No
AR Sr Sen. John Boozman Republican No

Related Links:
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Pass the Military Justice Improvement Act @SenGillibrand
S. 1789: Military Justice Improvement Act of 2019
S. 1789: Military Justice Improvement Act of 2019 [Full Text]
Military Justice Improvement Act of 2019 Would Remove Decisions on Sexual Assault from the Chain of Command
Sen. Martha McSally’s stunning rape revelation shocks Capitol Hill, prompts calls for military justice reform
Presidential candidate, Army veteran Tulsi Gabbard says military sexual assault is ‘rampant,’ at SXSW town hall
Bringing MST home, to Congress
Senator Renews Push to Distance Commanders from Military Prosecutions
Bills Pending US Congress Senate Armed Services Committee
Shanahan calls for reforms as military sexual assaults rise by 38%; highest for young women
2020 Democrats say they have plans to address military sexual assault crisis
Gillibrand re-introduces military justice bill
Sens. Cruz, Gillibrand Reintroduce Military Justice Improvement Act
Udall, Heinrich Reintroduce Military Justice Improvement Act To Address Crisis Of Military Sexual Assault
Leahy Joins Gillibrand And Others To Reintroduce Military Justice Improvement Act
Hirono Wants To Change How The Military Prosecutes Sexual Assault
Senator Martha McSally’s Responsibility to Survivors of Military Sexual Assault
McSally defends keeping military commanders involved in sexual assault cases
Gillibrand: “Status Quo” Not Working With Military Sexual Assaults
Senate Armed Services Committee Members & House Armed Services Committee Members (June 21, 2019)

Military Rape Documentary Funded and Distributed by “Serial Predator” and Hollywood Movie Executive Harvey Weinstein

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

Related Links:
Claire McCaskill’s ‘lonely’ sex-assault stand
The war in Congress over rape in the military, explained
How The Hunting Ground Blurs the Truth
The big lie behind the campus-rape crusade
Major Study On Campus Sex Assault Debunked
19 Harvard Law Professors Defend Law Student Brandon Winston, Denouncing His Portrayal in “The Hunting Ground”
Professors Dispute Depiction of Harvard Case in Rape Documentary
How The Hunting Ground Spreads Myths About Campus Rape
The continuing collapse of ‘The Hunting Ground,’ a campus sexual assault propaganda film
Betsy DeVos’s full speech on Title IX and campus sex assault
Harvey Weinstein: Secret recording of undercover sting
Wendy Williams: Harvey Weinstein Speaks Out
Harvey Weinstein, Hollywood and hypocrisy
Actress Heather Graham Confirms EVERYONE Knew About Weinstein
Harvey Weinstein Proves Money Matter to Democrats, Not Women’s Lives
Hillary Clinton falsely claims Donald Trump is an ‘admitted sex assaulter’ as she compares him to Harvey Weinstein – but claims allegations against Bill are ‘clearly in the past’
Here’s A Live Look At The Women’s March Group Protesting Hollywood’s Rampant Sexual Abuse
Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades
Jane Fonda Feels ‘Ashamed’ for Not Speaking Out About Harvey Weinstein Earlier
Hollywood’s dishonest campus rape panic
An Interview with the Producer of the Harvey Weinstein-Distributed Rape Documentary
Harvey Weinstein’s history begs for a documentary about Hollywood abuses. But can it be made?
California’s Attempt To Reject Betsy DeVos’s Campus Rape Policies Just Failed

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)

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

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

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.”

Read more here: The war in Congress over rape in the military, explained

Related Links:
Fort Hood Army Staff Sgt. Paul Norris Fatally Shot Spc. Kamisha Block in Murder-Suicide in Iraq; Family Calls for Congressional Hearings & Independent Investigations (August 16, 2007)
Camp Lejeune Marine Maria Lauterbach & Unborn Child Murdered, Remains Discovered in Marine’s Backyard; Cesar Laurean Sentenced to Life in Prison, No Parole (December 15, 2007)
HOR Oversight Subcommittee on National Security & Foreign Affairs Held a Hearing on Sexual Assault in the Military (July 31, 2008)
Former Representative Bruce Braley (D-IA) Introduced the Holley Lynn James Act (April 12, 2011)
Lauterbach Case Prompts Policy Reforms for Victims of Sexual Assault in the Military (December 25, 2011)
Air Force TSgt. Jennifer Norris Testified Before the House Armed Services Committee in Washington DC (January 23, 2013)
Stars and Stripes: ‘White House, Congress bear down on military sexual assault’ (May 16, 2013)
S. 967: Military Justice Improvement Act of 2013 – U.S. Senate Voting Record (March 6, 2014)
Army Pfc. Shadow McClaine Reported Missing at Fort Campbell; Ex-Husband Sgt. Jamal Williams-McCray & Spc. Charles Robinson Pleaded Guilty to Murder (September 2, 2016)
Army Pvt. Nicole Burnham Found Unresponsive in Fort Carson Barracks; Death Ruled Suicide After Sexual Assault, Retaliation & a Three Month Expedited Transfer Delay (January 26, 2018)
Rep. Mike Turner Says New Military Legislation Closes a Loophole & Includes Domestic Violence Victims in the Expedited Transfer Policy Law (May 1, 2018)
Gillibrand: The Military Justice Improvement Act Would Give Service Members a Justice System That Works (July 1, 2019)
House Armed Services Subcommittee on Military Personnel: Hearings on Domestic Violence in the Military (September 18, 2019)
Rep. Seth Moulton Introduces The Brandon Act to Change DoD Mental Health Policy, Pay Tribute to Fallen Navy Sailor Brandon Caserta (June 25, 2020)
Open Letter to House of Representatives in Support of an Independent Investigation of the Murder of Vanessa Guillen at Fort Hood (July 7, 2020)

NBC Washington: 62 Percent of Military Sex Assault Reports Result in Retaliation (May 18, 2015)

Punishing the Victim Retaliation NBC Washington.jpg

“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 Washington here.

Related Links:
Serving in Silence: Sex Assault Retaliation Complaints Investigated
62 Percent of Military Sex Assault Reports Result in Retaliation
Troops who report sexual assault face retaliation
Highlights of Army National Guard Lt. Col. Teresa James’ Military Sexual Assault and DoD IG Substantiated Retaliation Case
DoD Retaliation Prevention and Response Strategy: Regarding Sexual Assault and Harassment Reports
DoD Retaliation Prevention and Response Strategy Implementation Plan
Military Sex Assault Reports Edge Up; Retaliation Persists
DoD Releases Annual Report on Sexual Assault in Military
Department of Defense Annual Report on Sexual Assault in the Military
Military Sexual Assault Reports Are Up for the Seventh Year in a Row
Pentagon: Claims of Retaliation for Sexual Offense Complaints on Rise
Reports of Military Sexual Assault, Retaliation Increase
The Biggest Obstacle to the Pentagon’s War on Sexual Assault: The Military Justice System
Military sexual assault reports rise in 2017 but fewer servicemembers faced courts-martial
Sexual assault, harassment spikes at military academies, strategies fail to stem crisis
Reports of sexual assault in the military soar
Pentagon report shows sharp rise in military sexual assaults
Sexual assaults in military rise to more than 20,000, Pentagon survey says
“A cultural rot”: Sex assaults spike at U.S. service academies
Defense Department to make sexual harassment a crime
‘It was rape:’ Wisconsin Army National Guard officer Megan Plunkett says she was retaliated against, disciplined for reporting sexual assaults
Gabbard says ‘there is still a fear of retaliation’ in the military about reporting sexual assault
Senators Hirono, Gillibrand Reintroduce Legislation to Bring Justice to Survivors of Sexual Assault in the Military
Sexual assaults in the military are on the rise. This bill would authorize Congress to intervene
Sexual Assault in the Military | C-SPAN.org

The Real News: Senate Unanimously Passes Sexual Assault Bill, But What Will it Change? (2014)

Jennifer Norris: Senate bill will still keep military sexual abuse cases within the chain of command of the military, leaving victims vulnerable to retaliation