On the recordDecember 13, 2021
I would like to thank the chairman for his steadfast work on trying to find common ground here, but I disagree that ``all meaningful prosecutorial'' actions have been taken away from the commander. These are the actions that still rest with the commander, and these are meaningful: granting clemency, highly meaningful; grant sentencing witnesses, highly meaningful; granting immunity, highly meaningful; ordering depositions, highly meaningful; preliminary inquiries, highly meaningful; separation authority, highly meaningful. These are things that are essential to the prosecution of any case, and so if the prosecutor doesn't have the right to do these things, it means the prosecutor has to go ask the commander: May I do these things? May I call this witness? May I have approval for a witness at sentencing? May I have approval for this preliminary inquiry? That request alone sends the signal to survivors and to servicemembers that the chain of command is still in charge; that that independent prosecutor, while the language of the bill sounds really good--they are independent and their decision is binding, wonderful. The perception of servicemembers who understand the weight of convening authority, they know what the words ``convening authority'' mean; they know what the command ability and importance is. They may not receive these changes and these reforms in the way the chairman believes them to be seen.…





