"We will work harder than ever in the coming year to strengthen our military by taking sexual assaults and other major crimes out of the chain of command," Sen. Kirsten Gillibrand wrote.

"We will work harder than ever in the coming year to strengthen our military by taking sexual assaults and other major crimes out of the chain of command," Sen. Kirsten Gillibrand wrote. Charles Dharapak/AP file photo

Senators Rekindle Debate After High-Profile Military Sexual-Assault Case

Democrats Gillibrand and McCaskill both see vindication after charges are dismissed against Army general.

One court decision. Two polar-opposite conclusions.

That's the story on Capitol Hill on Monday after sexual-assault charges in a high-profile case against an Army general were thrown out in military court under a plea deal for lesser violations.

The case further fueled Democrats' intra-party fight over how to handle military sexual assault, a struggle that pits New York's Kirsten Gillibrand against Missouri's Claire McCaskill. Following the plea deal, both senators remained as dug in as ever.

Congressional reaction Monday to the dismissal of the charges was swift and divisive. It reinforced familiar battle lines over an ongoing political fight over the proper role for commanders in such cases.

McCaskill contends that the charges that Brig. Gen. Jeffrey Sinclair twice forced his former mistress, a captain, into sex acts and threatened to kill her and her family would never have come forward if not for the commander.

"As a former sex-crimes prosecutor, Claire knows how difficult these cases can be, and this case is obviously a complicated one," said McCaskill spokeswoman Sarah Feldman. "But one of its lessons highlights what we already know--that commanders are often more aggressive than prosecutors in pursuing prosecutions."

McCaskill has argued that commanders need to be held accountable and should keep this power, arguing that it is the best way to ensure sexual-assault prosecutions are brought forward. The senator's office argues that if the case had been handled by prosecutors alone, the rape charge would not have been brought forward. It points to reports in The New York Times that a prosecutor in the case resigned after trying to pressure a commander to drop the sexual-assault charges, according to defense lawyers.

"If this court-martial had been handled by prosecutors alone, it would not have gone to trial," said a background memo on the case from McCaskill's office, which was sent to reporters.

Meanwhile, on the other side of the divide, critics who have fought to strip commanders of the power to decide which sexual-assault cases move forward came out arguing the general's plea deal proves the system is broken.

Gillibrand, whose legislation to take the decision to prosecute out of the chain of command failed in the Senate earlier this month, said that the Sinclair case was an example of what's wrong with the system.

In an op-ed in the New York Daily News on Friday, Gillibrand said she was concerned about a report in USA Today that the judge had to temporarily halt the court-martial in the Sinclair case "over fears the commanding officer had rejected a plea deal on lesser charges for political reasons, despite concerns over the evidence."

Although she did not respond immediately to requests for reaction to the Sinclair developments Monday, Gillibrand said in her op-ed that she would continue to fight for the reform.

"We will work harder than ever in the coming year to strengthen our military by taking sexual assaults and other major crimes out of the chain of command—so that no victim is compelled to turn to his or her boss to ask for justice," she wrote. "We need every case to move forward based solely on the evidence and judged solely on the merits, not political pressure or other nonlegal considerations."

Others who share Gillibrand's stance on removing the chain of command spoke up as well.

"This is another example of why commanders shouldn't be deciding whether someone is prosecuted," said Rep. Jackie Speier, D-Calif., who has long sought legislation to create a joint military-civilian structure to oversee such cases. "Legal decisions should be made by legal experts, not commanders."

Speier added, "A justice system that is beholden to the whims of a commander is not credible. Even after pleading guilty to several sordid offenses, I am certain Sinclair will be sent home with a generous pension paid by taxpayers who expect their military leaders to serve honorably."

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.