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Senators argue against plan on military assault

Published: Monday, Nov. 18 2013 4:28 p.m. MST

In this June 4, 2013, file photo, military leaders, from right, legal counsel to the Chairman of the Joint Chiefs of Staff Brig. Gen. Richard C. Gross, Joint Chiefs Chairman Gen. Martin Dempsey, Army Chief of Staff Gen. Ray Odierno, Judge Advocate General of the Army Lt. Gen. Dana K. Chipman, Commandant of the Marine Corps Gen. James F. Amos, and Staff Judge Advocate to the Marine Corps Commandant Maj. Gen. Vaughn A. Ary, testify at a Senate Armed Services Committee holds a hearing on Capitol Hill in Washington, about whether a drastic overhaul of the military justice system is needed. (J. Scott Applewhite, Associated Press) In this June 4, 2013, file photo, military leaders, from right, legal counsel to the Chairman of the Joint Chiefs of Staff Brig. Gen. Richard C. Gross, Joint Chiefs Chairman Gen. Martin Dempsey, Army Chief of Staff Gen. Ray Odierno, Judge Advocate General of the Army Lt. Gen. Dana K. Chipman, Commandant of the Marine Corps Gen. James F. Amos, and Staff Judge Advocate to the Marine Corps Commandant Maj. Gen. Vaughn A. Ary, testify at a Senate Armed Services Committee holds a hearing on Capitol Hill in Washington, about whether a drastic overhaul of the military justice system is needed. (J. Scott Applewhite, Associated Press)

WASHINGTON — Senate opponents of stripping military commanders of the authority to prosecute serious crimes such as rape and sexual assault said Monday that the proposal could make it worse for victims.

In a letter to Senate colleagues, 11 members of the Senate Armed Services Committee wrote that sexual assault in the military is an abomination and must be dealt with forcefully, but they rejected the solution offered by Sen. Kirsten Gillibrand, D-N.Y.

Gillibrand has the public support of nearly half the Senate for removing commanders from deciding whether serious crimes go to trial and giving that authority to seasoned trial lawyers who have prosecutorial experience and hold the rank of colonel or higher.

"We believe strongly that this would create a system that would actually be worse for victims and significantly undermine the military system of justice and discipline," the senators wrote. "It could lead to constitutional hurdles for military prosecutions; undermine the ability of prosecutors to execute plea bargains that can spare victims a difficult trial process."

In this June 4, 2013 file photo Sen. Claire McCaskill, D-Mo. speaks on Capitol Hill in Washington during a Senate Armed Services Committee hearing on legislation regarding sexual assaults in the military. This week, the Senate is slated to consider an annual defense policy bill that would strip commanders of their ability to overturn jury convictions, require dishonorable discharge or dismissal for any individual convicted of sexual assault and establish a civilian review when a decision is made not to prosecute a case. The bill also would provide a special counsel for victims and eliminate the statute of limitations. (Susan Walsh, Associated Press) In this June 4, 2013 file photo Sen. Claire McCaskill, D-Mo. speaks on Capitol Hill in Washington during a Senate Armed Services Committee hearing on legislation regarding sexual assaults in the military. This week, the Senate is slated to consider an annual defense policy bill that would strip commanders of their ability to overturn jury convictions, require dishonorable discharge or dismissal for any individual convicted of sexual assault and establish a civilian review when a decision is made not to prosecute a case. The bill also would provide a special counsel for victims and eliminate the statute of limitations. (Susan Walsh, Associated Press)

The senators also said the plan would undercut the ability of commanders to threaten courts-martial and carry out non-judicial punishments.

Gillibrand insists that victims don't trust the chain of command to mete out justice, or that they fear or have experienced witnessed retaliation. She points to the Pentagon estimate of 26,000 military members who may have been sexually assaulted last year, based on an anonymous survey. Thousands of victims were unwilling to come forward despite new oversight and assistance programs aimed at curbing the crimes, the Pentagon said.

The letter comes ahead of a showdown over the issue as Gillibrand is expected to offer her plan as an amendment to the annual defense policy bill. The proposal has bitterly divided the Senate and the 26-member Armed Services Committee.

Sens. Carl Levin, D-Mich., and James Inhofe, R-Okla., the top members of the panel, signed the letter as did female senators Claire McCaskill, D-Mo., Kelly Ayotte, R-N.H., and Deb Fischer, R-Neb.

Backing Gillibrand are Sens. Ted Cruz, R-Texas, and Rand Paul, R-Ky., as well as 16 of the Senate's 20 female members.

This July 16, 2013 file photo shows Sen. Kirsten Gillibrand, D-N.Y. listening at a news conference about a bill regarding military sexual assault cases on Capitol Hill in Washington. This week, the Senate is slated to consider an annual defense policy bill that would strip commanders of their ability to overturn jury convictions, require dishonorable discharge or dismissal for any individual convicted of sexual assault and establish a civilian review when a decision is made not to prosecute a case. The bill also would provide a special counsel for victims and eliminate the statute of limitations. (Charles Dharapak, Associated Press) This July 16, 2013 file photo shows Sen. Kirsten Gillibrand, D-N.Y. listening at a news conference about a bill regarding military sexual assault cases on Capitol Hill in Washington. This week, the Senate is slated to consider an annual defense policy bill that would strip commanders of their ability to overturn jury convictions, require dishonorable discharge or dismissal for any individual convicted of sexual assault and establish a civilian review when a decision is made not to prosecute a case. The bill also would provide a special counsel for victims and eliminate the statute of limitations. (Charles Dharapak, Associated Press)

The Associated Press obtained a copy of the letter.

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