On the recordMarch 6, 2014
If the commander refuses the JAG's recommendation, it goes to the Secretary of the service. If the JAG and the commander both say this is not a case we want to prosecute, when it is in the area of sexual assault, it goes to the commander's commander. So there are built-in checks and balances. The key to fixing this problem is the commander. The key to maintaining a well-run military is the commander. The key to fighting and winning wars is the commander. The key to bringing justice to victims is the court-martial panel, the lawyers, the judge and the juries, and the commander. But the key to American military success over time has been the commander. Madam President, 800 trials in Iraq and Afghanistan since 9/11. This is a nondeployable military justice system that Senator Gillibrand is trying to create. Please do not change the structure of the military because of this issue. Fix this issue. Preserve the structure of the military that has served us so well, and keep reforming. To the Senators I have named, you have done those in the military-- victims--a great service. For God's sake, Members of the Senate, do not change the structure of the military at a time we need it the most. Hold it more accountable, not less. Mrs. McCASKILL. Thank you, Madam President. The PRESIDING OFFICER. The Senator from New York.
Source
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