Comic Strip of the Day

CSotD: Don’t look here — the joke is in your Pentagon.

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Garry Trudeau has become one of the more eloquent and straightforward advocates for military personnel, and if there is a joke to be made today, it is that his willingness to stand up for them is yet another example of his knee-jerk instinct to buck whoever happens to hold power on the Hill and in the White House.

Trudeau's own joke, of course, being the naive assumption by the young women in the final panel that the system works. The gag is in their surprise.

It's funny because they really wouldn't be at all surprised.

As you may have seen or read or heard, Senator Kirsten Gillibrand (D-NY) is trying to get an amendment to the pending Defense Authorization Bill that would remove sexual assault and other serious, non-military crimes from the jurisdiction of the chain of command and refer them, instead, to an independent military system.

Here's the crucial paragraph from her office's explanation:

The carefully crafted Military Justice Improvement Act moves the decision whether to prosecute any crime punishable by one year or more in confinement to independent, trained, professional military prosecutors, with the exception of 37 crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. The decision whether to prosecute the 37 serious crimes uniquely military in nature plus all crimes punishable by less than one year of confinement would remain within the chain of command. The bill does not amend Article 15 pertaining to non-judicial punishments.

(And let me add here that I don't think telling someone they look nice today is punishable by a year in prison. I believe general, non-tactile creepiness — intentional or unintentional — would still be handled within the chain of command.)

Trudeau demonstrates the current system, albeit in comedy shorthand, since I'm sure there is a lot more bafflegab and promises of action in real life, and not every case involves having to report the crime to the alleged perp.

But it could. Gillibrand's press release explains that part of things:

According to the FY2012 SAPRO report released earlier this year by the Defense Department, an estimated 26,000 cases of unwanted sexual contact and sexual assaults occurred in FY2012, a 37% increase from FY2011. Another report released by the Defense Department this year showed that more than 1 in 5 female servicemembers reported experiencing unwanted sexual contact while serving in the military. Also according to the FY2012 SAPRO Report, 25% of women and 27% of men who received unwanted sexual contact indicated the offender was someone in their military chain of command. Further, 50% of female victims stated they did not report the crime because they believed that nothing would be done with their report.

Granted, I am not a veteran, but I do know a few things about chains of command and the like, and so, if the military works better than the civilian sector in this respect, I hope someone with direct knowledge will explain how.

Chain-of-command and conflict-of-interest go hand-in-hand far too often, but particularly when a subordinate has a problem with a superior.

There is this eternal truth: You are not as important to the organization as is your immediate superior, and the further up the chain you kick it, the less benefit there is in upholding your gripe.

In the case of a reporter who conflicts with the city editor, for example, going to the top of the chain would hand the publisher a choice of two outcomes:

1. Pissed-off editor, pissed-off managing editor, pissed-off city editor, satisfied reporter.

2. Satisfied editor, satisfied managing editor, satisfied city editor, pissed-off reporter.

Now, folks, I never rose above the rank of interim publisher myself, but I never fell to the rank of eejit, either. I know which choice is gonna prevail 99 times out of 98.

So, if it works differently in the military, explain how.

But one way it does work differently in the military is that, in the civilian sector, you might have to kick sexual harassment in the form of unwanted comments up the internal ladder, but sexual assault goes right out of the building and onto the desk of the local DA, where even the publisher can't quash it, at least not without leaving footprints.

That's what Gillibrand is trying to achieve for the military.

Anyway, if you're upset that today's posting didn't provide any belly laughs, try this link. It seems that, while Gillibrand has bipartisan support — including from rightwingers like Ted Cruz and Rand Paul — she also has bipartisan opposition, including from noted liberals like Claire McCasskill, some of whom are complaining that they are getting pressure from donors to back the measure.

Yes, a lot of people want this, damn them.

But, so far, the numbers are lining up with the brass hats, and the laugh is that nobody admits there might be any sort of pressure involved in that.

According to a letter from those brass hats to Sen. Carl Levin, who chairs the Senate Armed Services Committee, "S. 967 would undermine the commander’s essential role by stripping away the ability to directly shape the culture and climate of their command."

Yes.  

At least in that one aspect, yes, it would. In fact, that's why it's being proposed.

Anyway, there's more than one definition of "stand up." I often link videos of stand-up comedians, but let me provide, instead, a video of that other kind of stand-up, the "stand-up person."

 

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Comments 10

  1. OK. How do the statistics on un-prosecuted sexual assault within the armed forces line up with the statistics in society in general? (I’m not asking you to do the research; I’ll make some time to do that on my own. I’m noting that the question needs to be asked.) I don’t know which other offenses the proposal will move.
    The Naval services allow one to jump the chain, to talk to someone further up the chain without revealing the purpose of the request. While there is the conflict you note in the publisher/editors/report scenario, it is mitigated by the higher officer not having selected his lower commanders: his ego is not necessarily at risk for having made a bad choice.
    On a tangential note, NPR is advertising an upcoming news piece on decorated veterans who cannot get help from the Veterans Administration because their discharges were not Honorable. Except for the second-highest, a General Discharge, a less than honorable discharge generally involves misconduct.

  2. To follow up.
    The Rape Incest Abuse National Network (RAINN) states that 60 percent of rapes go unreported, that 80 percent of the victims are under 30, and two-thirds of the assaults are committed by someone the victim knows: http://www.rainn.org/statistics. RAINN also says that there are 237,868 sexual assault victims each year. In a population of three-hundred-million, that’s 7/hundredths of one percent.
    According to http://www.policymic.com/articles/72503/pentagon-releases-startling-new-statistics-on-military-sexual-assault, the Pentagon report states that there were 3553 sexual assaults last year. Applying RAINN’s sixty-percent figure, there were roughly 9,745 assaults. With current force of 1,431,403, that is roughly thirty-three hundredths of one percent of the population.
    That is higher than I expected: I expected the numbers to be at par.

  3. Note that I am not saying there is not a problem. I’m saying that removing the responsibility for action from the chain of command is the wrong solution.
    If I recall correctly, Tailhook ended the careers of several flag officers. A few weeks ago, NPR reported that another flag officer, a Marine General, was resigning because of his handling of the sniper-urination incident. (I didn’t, and don’t, care enough to find out whether he actually retired, getting his pension.) While the individuals may not have suffered enough, I’m sure their examples are encouraging others.

  4. I’m willing to talk of reforms that don’t go as far as Gillibrand’s — including not allowing commanders to simply nullify verdicts.
    But the Tailhook example fails because, once that verdict is in, I would expect heads to roll regardless of who filed the complaint how. The point is how you get the ball rolling in the first place, not what happens once the process has played out.
    And we’re not talking about every violation, nor are we talking about handing it over to a civilian court. We’re talking about keeping it in the military family but not in the (direct) chain of command. Assuming we are only talking about serious crimes that are not directly related to military issues (as the law specifies), show me the harm.

  5. I’m going to have to look at the recent instance of the commander nullifying the verdict. One question is how this nullification differs from the nullification offered by the Circuit Court.
    The commander who establishes the court-martial, the “convening authority,” is required to review the findings and sentence of the court. This review is the first level of appeal. The next level is the Court of Military Appeals, and then the United States Supreme Court. If I recall correctly, in our jurisprudence, a conviction of guilt can be appealed, but an acquittal cannot. That is, the defense can appeal, but the prosecution cannot.
    Sexual assault is “more difficult” in the armed services for the same reason it is more difficult in society at large. Too often, it comes down to ‘he said/she said,” and the ‘loser’ is considered guilty of misconduct.
    Murder is easier: the victim isn’t around to be blamed for being murdered.

  6. So the case in question appears to be that of Lieutenant Colonel James G Wilkerson, which was reviewed by Lieutenant General Craig Franklin, as reported at http://thinkprogress.org/security/2013/04/11/1851221/general-overturn-sexual-assault/
    10 USC Section 860 Article 60 states, in part, “(3) Action on the findings of a court-martial by the convening authority or other person acting on the sentence is not required. However, such person, in his sole discretion, may—
    (A) dismiss any charge or specification by setting aside a finding of guilty thereto; or
    (B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.”
    The next subparagraph, (d), states, “Before acting under this section on any general court-martial case or any special court-martial case that includes a bad-conduct discharge, the convening authority or other person taking action under this section shall obtain and consider the written recommendation of his staff judge advocate or legal officer. The convening authority or other person taking action under this section shall refer the record of trial to his staff judge advocate or legal officer, and the staff judge advocate or legal officer shall use such record in the preparation of his recommendation. The recommendation of the staff judge advocate or legal officer shall include such matters as the President may prescribe by regulation and shall be served on the accused, who may submit any matter in response under subsection (b). Failure to object in the response to the recommendation or to any matter attached to the recommendation waives the right to object thereto.”
    I won’t bore you with citations of the parts of the law that describe the requirements for staff judge advocate, if you will accept that these positions are filled by lawyers. Military judges are also lawyers.
    BTW, the staff judge advocate’s office provides the counsels for both the prosecution and defense. There are conditions under which the counsels may not be trained lawyers. However, if the prosecuting counsel is a lawyer, then the defense counsel must also be a lawyer. And the accused always has the right to procure a civilian lawyer.
    In short, show me the good.

  7. I’ve now listened to the clip you provided, Mr. Peterson.
    The commanding officer is responsible for everything that happens, and doesn’t happen, in the unit. Removing the commander’s authority to prosecute sexual assault does not relieve the commander of the responsibility for that assault.
    The Honorable Senator’s comments on the social ramifications of reporting a sexual assault are, as General Welsh noted, the same as in society at large. NB: her use of an “alleged assault” demonstrates the fundamental problem: the assault may not have even happened, but the accused is guilty.

  8. (I thought I had made a comment quoting from and linking to 10 USC Chapter 47; did it get lost?)

  9. I don’t see it.
    Question remains: If the CO can process the complaint, why can’t the complaint also go through a more neutral process? That is, what difference does it make how the complaint is lodged, if it’s going to be properly handled anyway???

  10. Because the commander’s proper handling of such cases is part of the performance of duty by which he is judged.
    Consider the case of Lt Col Wilkerson and the review by Lt Gen Franklin*. I saw this evening that the colonel is retiring as a major. Is it likely that the general will be promoted? Or given another assignment when he finishes his current one? Isn’t it likely that other commanders are watching and will learn from their examples?
    These cases can, and should, be handled within the current law and jurisprudence. Change for the sake of change is seldom useful, and often has unintended consequences.
    * The lost response contained several links, including one with HTML Anchor and End-anchor tags. It was probably eaten by the software. 🙁

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