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On the recordDecember 13, 2022
Mr. President, I rise to discuss the nomination of Musetta Tia Johnson, who is nominated to be a judge on the U.S. Court of Appeals for the Armed Forces, the senior appellate court for the military, with exclusive jurisdiction over the Uniform Code of Military Justice. Ms. Johnson was favorably reported out of the committee on April 5, 2022, and has been pending on the Senate calendar ever since. I am unaware of any objection to her nomination with respect to her qualifications to be a judge on this appellate court. When confirmed, Miss Johnson will be one of five judges on the Court of Appeals for the Armed Forces, often referred to as the supreme court of military law. This court, which is composed of civilian appellate judges, has been operating without its full quota of confirmed judges for this entire judicial session, where it considered important jurisdictional and substantive military criminal law issues. Importantly, the fiscal year 2022 National Defense Authorization Act implemented extensive changes to the UCMJ, including a statute that would criminalize sexual harassment under some circumstances. Ms. Johnson will play a critical role on the court of appeals in reviewing challenges and issues with the recent sexual assault and sexual harassment statutes, including defendants' rights under the UCMJ. Without Ms. Johnson, the court risks deadlock, which will further hamper the military's ability to maintain good order and discipline. Mr.…
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Jack Reed
Democratic · Rhode Island

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