Bill to reform military justice system gains key bipartisan support

The Military Justice Improvement Act, a bill that would remove the prosecution of sexual assault in the military from the chain of command, gained key bipartisan support in the Senate this week. Senator Coons, an original cosponsor of the bill, said he was pleased by the announcement that Senators Rand Paul (R-KY) and Ted Cruz (R-TX) will support the measure and was encouraged by the broad spectrum of support that now backs legislation to fundamentally reform and improve the military justice system.

The Military Justice Improvement Act, introduced by Senator Kirsten Gillibrand (D-NY), will be offered as an amendment to the FY2014 National Defense Authorization Act and could come to the Senate floor as early as this month. The bill would separate the prosecution of all crimes punishable by one year or more in confinement from the military chain of command, except crimes that are uniquely military in nature, such as disobeying orders or going Absent Without Leave. The prosecutorial decision would instead lie with independent, specially trained military prosecutors.

“The disturbing rise in sexual assaults in our armed forces is simply unacceptable and absolutely cannot be tolerated,” Senator Coons said. “The Pentagon has to do a better job of preventing these criminal acts, and that starts with making sure that everyone who wears a uniform knows that sexual abuse not only is unacceptable but also carries real repercussions. This legislation will put people who are trained and skilled at administering justice in charge of how accusations of sexual assault are handled in our armed forces, and it will encourage those who are sexually assaulted to report the crime without having to fear retaliation. The support of Senators Paul and Cruz is a promising step toward passing this legislation and demonstrates the extent to which this issue transcends party lines.”

Senator Paul said he tries not to look at problems “through a partisan lens” and kept an open mind when Senator Gillibrand approached him on the Senate floor about the legislation. After further research and a few modifications, Senator Paul said he was able to give the bill his support.

Senator Cruz said he entered the Armed Services Committee markup of the bill undecided but was “really persuaded by Senator Gillibrand’s passionate and able advocacy.” Cruz has provided a consistent vote for the legislation in the Armed Services Committee.

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