The statement came a day before Austin testifies to the House Armed Services Committee amid escalating pressure from Congress to take concrete steps to address sexual assault. Austin’s memo, however, does not express any view on legislation that would make broader changes to the military justice system and require that independent lawyers handle all major crimes.
Sen. Kirsten Gillibrand, D-N.Y., has the support of 66 senators for a bill that would have independent prosecutors handle felonies that call for more than a year in prison. But other key lawmakers and leaders of the military services have balked at including all major crimes, saying stripping control of all crimes from commanders could hurt military readiness, erode command authority, and require far more time and resources.
Until now, Austin has said publicly that he was open to changes recommended by an independent review commission that he appointed to take a look at sexual assault and harassment in the military. The panel said sexual assault, sexual misconduct, domestic violence, stalking, retaliation, child sexual assault and the wrongful distribution of photos should be removed from the chain of command.
In the statement, Austin said he supports including those additional crimes because there is a strong correlation between them and the prevalence of sexual assault. According to a defense official, Austin has reservations about the more expansive change outlined in Gillibrand’s bill, similar to those expressed by his senior leaders. The official spoke on condition of anonymity to discuss private conversations.
In recent weeks military service secretaries and chiefs, in memos to Austin and letters to Capitol Hill, said they were wary about the sexual assault change, and laid out greater reservations on more broadly revamping the military justice system.
Gen. Mark Milley, chairman of the Joint Chiefs of Staff, said removing commanders from prosecution decisions “may have an adverse effect on readiness, mission accomplishment, good order and discipline, justice, unit cohesion, trust, and loyalty between commanders and those they lead.”
In a letter to Sen. James Inhofe of Oklahoma, ranking Republican on the Senate Armed Services Committee, Milley acknowledged the military hasn’t made sufficient progress in combating sexual assault. He has repeatedly said, though, he’s open to the sexual assault change.
In a recent interview with the AP, Gillibrand said the wider change is necessary to combat racial injustice within the military, where studies have found that Black people are more likely to be investigated and arrested for misconduct.
The independent review panel on Monday presented Austin with an expansive set of recommendations to combat sexual assault in the military, including prevention, command climate, victim care and support.
“Generally they appear strong and well-grounded,” Austin said in his statement. “I have directed my staff to do a detailed assessment and implementation plan for my review and approval.”
Austin said he will present his recommendations to President Joe Biden in the coming days. But he also noted that the changes will require additional personnel, funding and authorities. The ones that can be done under existing authority will be give priority, he said, and other changes may take more time and will need help from Congress.
“As I made clear on my first full day in office, this is a leadership issue. And we will lead,” he said. “Our people depend upon it. They deserve nothing less.”