Entire Joint Chiefs Oppose Biden Secretary of Defense Undermining DoD Justice System

Chairman of the Joint Chiefs of Staff via (https://creativecommons.org/licenses/by/2.0/) Flickr

Shortly after Joint Chiefs Chairman Gen. Mark Milley and each of the service branch heads sent letters to the Senate Armed Services Committee’s top Republican, in which they warned that a proposed radical measure to change the military’s justice system is too extreme, Defense Secretary Lloyd Austin stated he will support congressional efforts to remove the prosecution of sexual assaults and other crimes from the military chain of command.

Austin’s announcement revealed a serious split between the Pentagon’s senior military brass and its civilian leaders.

Recall the partisan criticism that President Trump did not heed the advice of his military brass.  It appears that President Biden is following the same approach. First on Afghanistan. Now on this issue.

Milley and the chiefs said legislation proposed by Sen. Kirsten Gillibrand, D-N.Y., the Military Justice Improvement and Increasing Prevention Act of 2021, may have unintended consequences on unit discipline because its reach would take commanders out of the prosecutorial chain of every non-military crime, not just sexual assault. They added that even a bill limited only to sex crimes could have unintended consequences on their ability to maintain discipline in the ranks.

In addition to Gen. Milley, all the service chiefs concurred. These included Army Chief Gen. James C. McConville, Navy Chief, Adm. Michael Gilday, Marine Corps Commandant Gen. David H. Berger; Air Force Chief of Staff Gen. Charles Q. Brown; Chief of Space Operations Gen. John Raymond and Chief of the National Guard Bureau Gen. Daniel R. Hokanson, all expressed deep caution in their letters.

Their letters were sent to Sen. Jim Inhofe, R-Okla. In his own statement, Inhofe said that the proposed bill “would not reduce sexual assault or other crime in the slightest and would complicate the military justice system unnecessarily.”

According to Defense One: “Efforts to revise how the military handles sexual assault and harassment cases are being driven within the Pentagon and Congress. Legislation was introduced last year after the murder of Army Spc. Vanessa Guillen.” Because of that, notes Defense One:

Biden administration officials have said the issue of sex crimes in the military is an immediate priority. Shortly after Defense Secretary Lloyd Austin was confirmed, he directed an internal, independent commission to look at how the military could handle those cases better. 

The panel’s first recommendation was to remove sexual assault prosecutions from the chain of command, a step long resisted by senior military leaders who have argued against drastic changes to the military’s internal justice system and traditions. 

“In coming days, I will present to President Biden my specific recommendations about the commission’s findings, but I know enough at this point to state the following,” Austin said in the statement.

“First, we will work with Congress to amend the Uniform Code of Military Justice, removing the prosecution of sexual assaults and related crimes from the military chain of command, but I know enough at this point to state the following,” he said. 

“The [Independent Review Commission on Sexual Assault and Sexual Harassment] recommended the inclusion of other special victims’ crimes inside this independent prosecution system, to include domestic violence. I support this as well, given the strong correlation between these sorts of crimes and the prevalence of sexual assault.”

Austin’s statement contrasts sharply with the Joint Chiefs, who described in their letters their strong discomfort with Gillibrand’s proposed radical reforms. In his letter, Milley stated that:

It is my professional opinion that 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. However, in the specific and limited circumstance of sexual assault, I remain open-minded to all solutions.

The Navy chief, Adm. Gilday said the measure, as currently written, could lead to serious unintended consequences. He said:

My first concern is with the broad scope of offenses that would be covered by an alternate judge-advocate run process. By removing commanders’ authority to effectively respond to many of the most serious threats to good order and discipline, … [the legislation] erodes the ability of commanders to create and maintain the environment necessary to effectively exercise mission command.

Army Chief of Staff Gen. McConville expressed a similar sentiment in his written response to Mr. Inhofe, saying the law should apply only to rape and sexual assault. ADN

Paul Crespo is the Managing Editor of American Defense News. A defense and national security expert, he served as a Marine Corps officer and as a military attaché with the Defense Intelligence Agency (DIA) at US embassies worldwide. Paul holds degrees from Georgetown, London, and Cambridge Universities. He is also CEO of SPECTRE Global Risk, a security advisory firm, and President of the Center for American Defense Studies, a national security think tank.

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Joe
Joe
5 months ago

Hidenbiden and his cronies are going to destroy our military and our country. Who are these incompetent, losers? Politicians better wake up before we lose our country to the commies.

Dane002
Dane002
5 months ago
Reply to  Joe

More like hilderbiden… in Chinese

Collene
Collene
3 months ago
Reply to  Dane002

Don’t forget HidenO.B. this is the 3rd term just more of the same of what I
saw when working with the military when he had his 1st & 2nd Term! Just destroying moral, get this regime out ASAP, before there is nothing to salvage, which is O.B.’s plan from the beginning!!

Gene Ralno
Gene Ralno
3 months ago
Reply to  Joe

Our IIC (Imbecile-In-Chief) was a rotten student, rotten American, rotten senator, rotten veep and now is a rotten commander. This nation has millions of ignorami like him. Some never will grow up. I fear the corruption, cheating, lying and absence of national pride as much as a foreign military belligerent. If he continues, the nation may collapse into revolution, making it vulnerable to any hostile power.

Jawad
Jawad
3 months ago
Reply to  Gene Ralno

Venite ignoramus: asinum.

libra
libra
3 months ago
Reply to  Joe

Too late–Joe has already sold the USA out. Do not forget–his son Hunter is now selling art works to Joes other employers.. Hunter Biden == Joe’s Bag Man and Money Launderer.. I did not think the Biden Clan would continue their Quid pro Quo even after Joe was elevated through the same voter fraud that he publicly bragged about as shown on U-Tube. but evidently the lure of riches is just too much for Joe to pass up. Business as usual but now conducted out of the Oval office… No wonder there are no more visitor or phone logs of the Oval office, the White House or Camp David and probably also the Delaware Mansions…

libra
libra
3 months ago
Reply to  Joe

It is Sen. Gillibrand a Marxist who is pushing this Marxist Crap down the throATS OF THE mILITARY..

steveo
steveo
3 months ago
Reply to  Joe

that way the will be tried in civilian court and the liberal judges will let them go!

sam hill
sam hill
3 months ago
Reply to  Joe

Pretty hard to do when over half of the politicians ARE Commies.

Pauline
Pauline
5 months ago

Leave sexual assault cases within the chain of command but immediately remove the accused from contact with the accuser. If unsatisfied with the outcome of the investigation, allow the accuser to seek redress in civil court.

Collene
Collene
3 months ago
Reply to  Pauline

Just keep the sniffer-in-chief out of the way!

Bobbo
Bobbo
5 months ago

These ‘effin progressives just never stop. It’s one thing after another. When are they going to get around to governing the country.

glenn edward davis
glenn edward davis
5 months ago
Reply to  Bobbo

Slaves don’t need to be governed just told what to think, what to say, and what to do. Don’t rush them, they’re are working on it.

Righteous Indignation
Righteous Indignation
2 months ago

Right as there will be no need for ‘Reparations’, as we will ALL be their slaves!

connie
connie
5 months ago

Gillibrand, has to be one of if not the stupidist person in the senate. All she know how to do is kiss someones behind to get noticed. If this is the way to get things done this country is doomed.

glenn edward davis
glenn edward davis
5 months ago
Reply to  connie

On another note, my local community college is going to start teaching Cantonese in the fall. Is this foresight?

Collene
Collene
3 months ago

Next will be Mandarin, no one should sign up for any of their classes, serve them right. Just like get off of Facebook, Twitter, Google, etc. when they silence people they oppose! If they go Woke, we’ll make them go Broke! Find other social contact ways, new social media sights popping up all the time!

Righteous Indignation
Righteous Indignation
2 months ago
Reply to  Collene

Smoke signals might work!

libra
libra
3 months ago

Yes–some one will have to interpret contracts and when the Chinese take us over thank you Joe– we will know what they are talking about. We do know they wish to be the only Racial group on Earth and they also wish to populate the Entire Earth..

libra
libra
3 months ago
Reply to  connie

Gillibrand is a known Marxist and there are just too many of the same Marxist Ilk in our Representative form of Government since Marxist ideology embraces a one party Totalitarian dictatorship form of Government. It is what Nancy Pelosi is pushing along with the multi trillion dollar boondogle of infrastructure when only one trillion would ever be spent on real infrastructure and the rest will go to every give away scam ever devised by a group of Marxists to buy votes.. Nancy’s FOR THE PEOPLE VOTEis for a one party dictatorship type of Government.. Imagine one day you wake up as a free man as you have been all of your life and then there is a vote and you wake up the next day a slave to the Marxists..

IH8LIBS
IH8LIBS
5 months ago

Everything the senile dotard and his commie administration touch turns to $hit….

Dane002
Dane002
5 months ago

Moving to political commissars looks like the path…

Collene
Collene
3 months ago
Reply to  Dane002

Political Hacks in a uniform with some badges on it.

Righteous Indignation
Righteous Indignation
2 months ago
Reply to  Collene

But NO police because they were ‘defunded’ in place of docile ‘social workers’! Which makes for less push back from the ‘slaves’.

Namvet
Namvet
5 months ago

Having Lloyd Austin involved in any decisions regarding our military is proving to be a reckless progressive destruction of our proud meritocracy that makes America proud and our enemies at bay. Listen to the joint chiefs Austin and learn.

Sic of Politics
Sic of Politics
3 months ago
Reply to  Namvet

don’t expect anything from austin, after all, he was placed in his position because of affirmative actions! He hates America as much as the communist democRATS and RINOS! Shameful of the direction our leaders have placed this country in. Evil exists because good men refuse to do nothing!

Collene
Collene
3 months ago

Austin is only concerned about the color shade of people’s skin. He said he wakes everyday to the fact he is a “black man”??!! When did figure that out, time you got used to it, we all have to face what we are!! Who cares, get over it!!

Righteous Indignation
Righteous Indignation
2 months ago

“Refuse to do ‘anything”! Thanks.

libra
libra
3 months ago
Reply to  Namvet

Makes me wonder why Raytheon who is a military supplier of Hi-Tech equipment would have ever had such a dolt sit on their Board of directors.. I do not think Austin is that fond of the USA as the pull out was all Joe’s big give away or Austin’s idea. Austin could have stopped this last disaster or maybe joe and Austin are both friendly with the CCP who will probably be the buyers of all of the 90 billion in equipment and weaponry Joe left for them.the Taliban.

Righteous Indignation
Righteous Indignation
2 months ago
Reply to  libra

“Stupid is as Stoopid does”!

Gene Ralno
Gene Ralno
5 months ago

This is a typical democrat power grab. Democrats have demonstrated vigorously their intent is more control and it’s particularly frightening this time. The Uniform Code of Military Justice is severe and imperfect but it works.

This overreaching administration will screw it up just as it screwed up the border, medical care, public education and a long list of human rights. I hope the Joint Chiefs tell our coprolitic Imbecile in Chief to go pound sand. I’m pretty sure a hundred million private arms owners will agree.

Collene
Collene
3 months ago
Reply to  Gene Ralno

The Idiot in Chief needs to be run out, and tried for treason, turning military weapons over to the known enemy! Among one of many things to charge him with.

Daniel M Barber
5 months ago

Knee-jerk reactions by incompetent or corrupt politicians to tragic events within the ranks of the uniformed services can destroy the only protection our country has against oppressive governments. Using the military to experiment with altering American social norms is dangerous. The services’ mission is to protect the Constitution that restricts some rights of uniformed members. Military personnel knows their protections rest with the Uniformed Code of Military Justice. When incompetent legislators usurp those UCMJ regulations, it risks the very existence of America if there isn’t an armed service to protect it.

John Sowers
John Sowers
5 months ago

I don’t trust Austin. PERIOD

Collene
Collene
3 months ago
Reply to  John Sowers

Nor Milley, just an “angry” white, he said it!!

Omega 2
Omega 2
5 months ago

GOOD. THANK YOU JOINT CHIEF’S OF STAFF ON THIS NEW ” PHONY MARXIST ” HEAD NOW WORKING TO DESTROY THE MORAL OF OUR FIGHTING FORCES WITH HIS ” CRITICAL RACE CRAP ” FOR ALL THE SERVICES! BLATANLY TELL FUZZY JOE AND HIS NED BUDDY TO SHOVE IT AS THEY ARE ALLOWED TO DUMP ANY RULES AND INJUST LAWS CONTROLING THE SERVICES!

libra
libra
3 months ago
Reply to  Omega 2

Especially the acceptance by Austin and Milley accepting wnaa be Trannies to join the military and get the Trannie surgery which carries a cost of 250K to 500K to change them from one sex to another. It is just sick. After the multiple surgeries involve there will be ayearor more of recuperation before they could ever complete the physical strength tests required. They will probably end up with a less than honorable discharge due to their mental problems that led them to desiring the sex change.The Military is just no place for this frivlity.and non essential expense.

Righteous Indignation
Righteous Indignation
2 months ago
Reply to  libra

And the ‘trauma’ their kids will go through when they have 2 mommies or 2 daddies! Sickos!

fabian
fabian
5 months ago

They caved in with critical race theory, now they’ll see their disciplinary authority taken away. Next step we can imagine that they’ll have to surrender their assault weapons. It will never stop.

Righteous Indignation
Righteous Indignation
2 months ago
Reply to  fabian

But at least the ‘Tally -bonne’ will have theirs! Thanks Joe.

Norman
Norman
3 months ago

This is the very intention to Destroy our Military ordered by the Chinese to Biden. It is exacly what is beeng done

Righteous Indignation
Righteous Indignation
2 months ago
Reply to  Norman

Well Barack, and Susan and of course Hillary will have their say, bc they all despise the USA! Don’t forget Benghazi too! And Joe was VeePee then too!

Jim
Jim
3 months ago

Very surprising that General Miley would speak out against it considering he is one of the main anarchist promoting the WOKE military. I guess it’s about power. He would lose some of his with civilians taking over his right to be judge jury and executioner. But pushing the woke theories on the ranks would allow him to blame white supremacy for his failures. All these Generals stood by and let Biden make a laughing stock of our country. He only justice to all of them would be to drop them into the middle of Afghanistan and pray for Biden to ransom them.

libra
libra
3 months ago
Reply to  Jim

How about a Court Martial for spewing Marxist doctrine to the troops that protect the USA and forcing it down their throats.

oldefarte
oldefarte
3 months ago

What do these uniformed bootlickers care? They’ve bent over backward to accommodate every idiocy out of this administration, from CRT and diversity training to mandatory vaccinations, and accommodation for transgenders. AND NOW they are concerned about removing sexual assault and other sex based crimes from the jurisdiction of the Military Court/Justice System and the UCMJ. Which is odd because that is actually the one place where the military has collectively dropped the ball. MAYBE it’s time for them to earn their pay and to show why THEY and not the hundreds of other flag ranked officers should be in charge. They need to go to this Austin twerp, tell him their job is to fight and win wars and, given the mess the Administration made in Afghanistan, maybe it’s time they backed the… off and let the professionals handle it. Public perceptions and sympathy are as much on their side as they are ever gonna get and if these gutless twits let the opportunity slip, well, maybe, come the revolution, there will be a firing squad for them, too.

Sic of Politics
Sic of Politics
3 months ago

Just another step for commanders to have less influence on happenings involving the military. Slowly eroding military justice of any kind. Tying the hands of the military leaders to effectively do their jobs as leaders of troops. It starts here to disect and dismantel 245 years of military traditions and leadership. Everyday we move towards communism. It is time for our military leaders to take down these treasonous power grabbing tyrannical government democRATS and set the course corrections! We are on the edge of the abyss of NO RETURN!

Collene
Collene
3 months ago

/This Woke B.S. and CRT are ruining the military.. You will need your Mother Bears to
step up to the plate like they are doing in the in front of the School boards, that direct
and bring this nonsense into the classroom! The Mothers’ actions in front of the School Boards are making the difference now, so maybe your Mothers will need to get involved if
you can’t do it!!

Grace
Grace
3 months ago

Kirstien Gillibrand is the fly in the ointment. This busy body should keep her nose out of the military business unless she is also willing to go to war with the troops. A lightweight chatterbox to begin with her “suggestions” made no sense and the miitary is quite capable of prosicuting their own cases. There are women JAGS.

Thomas Bodine
Thomas Bodine
3 months ago

No more Ike’s, MacArthur’s or Patton’s folks just a Silly Milley and a fat token black general. 🐀🐀

Tom Tucker
Tom Tucker
3 months ago

Milley and Austin are as worthless as tits on a boar. They need to go.


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