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Security

Air Force General Defends Overturning Sexual Assault Conviction By Blaming Victim

Air Force Lt. Gen. Craig Franklin

The letter an Air Force general wrote defending his decision to overturn a jury’s sexual assault conviction made its way online on Wednesday, showcasing the sometimes arbitrary nature of military justice when it comes to sexual violence cases.

Lt. Gen. Craig Franklin drew headlines and outrage in March for overturning Lt. Col. James Wilkerson’s sexual assault conviction, nullifying his remaining prison sentence and returning him to service in the Air Force. In his letter to Air Force Secretary Michael Donley defending his decision, Franklin explained that he was acting fully in compliance with the Uniform Code of Military Justice, and that he would be “entirely remiss in [his] sworn military duty and responsibility” if he had not overturned the jury’s findings.

Franklin’s memo listed 18 points of contention he saw in the evidence presented during Wilkerson’s court-martial, including several points that either were ruled inadmissible in court or specifically shifted the blame of any assault on the victim:

  • The victim turned down three offers of a ride and seemed to have differing reasons why she wanted to stay.
  • The victim had trouble identifying and describing parts of the house, didn’t remember the attacker’s mustache and didn’t correctly describe her path out of the house.
  • Wilkerson’s wife’s account of the events differed in some details from her husband’s, but Franklin said the conflicts suggested that the two didn’t collude on a manufactured story.
  • Testimony from the friend who took the alleged victim to the hospital the next day was not admissible in court, but Franklin said it indicated there could be a reason the woman might be less than candid.

“As I have previously stated, after considering all matters in the entire record of the trial, I hold a genuine and reasonable doubt that Lt. Col. Wilkerson committed the crime of sexual assault,” Franklin concluded. Franklin’s decision to overturn the findings of both the jury and the military judge in the court-martial is entirely in line with current law, which provides that the “convening authority” — the senior officer who called the court-martial — can throw out any case’s ruling without providing a reason. In his letter, Franklin made clear that he was not setting a precedent for future convening officers in writing to Secretary Donley.

Franklin’s explanation was not well met on Capitol Hill, where several members of Congress are already seeking to change the law. “This explanation crystalizes exactly why the convening authority should not have the unilateral ability to overturn a jury verdict — and why we need legislation that restricts their ability to do so,” Sen. Claire McCaskill (D-MO) said in a statement. “This letter is filled with selective reasoning and assumptions from someone with no legal training, and it’s appalling that the reasoning spelled out in the letter served as the basis to overturn a jury verdict in this case.”

Secretary of Defense Chuck Hagel on Tuesday proposed a change in the current law that would strip the convening authority of their ability to overturn verdicts in most cases as the first step in correcting the military’s sexual assault problem. Currently an estimated 19,000 instances of military sexual trauma take place in the U.S. armed services every year, the vast majority of which go unreported for fear of reprisal or scorn.

LGBT

Claire McCaskill: Supporting Marriage Equality ‘Is Simply The Right Thing To Do’

Sen. Claire McCaskill (D-MO) has a fairly solid record on supporting LGBT equality, particularly in contrast to her most recent challenger, former Rep. Todd Akin (R-MO). It wasn’t until this weekend, however, that she expressed her full support for marriage equality:

I have come to the conclusion that our government should not limit the right to marry based on who you love. While churches should never be required to conduct marriages outside of their religious beliefs, neither should the government tell people who they have a right to marry.

My views on this subject have changed over time, but as many of my gay and lesbian friends, colleagues and staff embrace long term committed relationships, I find myself unable to look them in the eye without honestly confronting this uncomfortable inequality. Supporting marriage equality for gay and lesbian couples is simply the right thing to do for our country, a country founded on the principals of liberty and equality.

Good people disagree with me. On the other hand, my children have a hard time understanding why this is even controversial. I think history will agree with my children.

McCaskill is not the only lawmaker who has discussed the issue of same-sex marriage with her children. Sen. Rob Portman (R-OH) recently came out for marriage equality as well, largely due to his son, Will, coming out to him. Will wrote today in the Yale Daily News about the national exposure he’s received and how proud he is of his dad. Both McCaskill and Portman have incredible potential to make a “positive impact on anyone who is closeted and afraid.”

Election

Akin Campaign Doubles Down On Comments Comparing McCaskill To A Dog

Missouri Senate candidate Rep. Todd Akin (R-MO) isn’t backing away from his unflattering comparison of Sen. Claire McCaskill (D-MO) to a dog. On Monday, Akin campaign spokesperson Rick Tyler tweeted that “If Claire McCaskill were a dog, she’d be a ‘Bullshitsu’”:

Tyler tried to explain away Akin’s comments in Monday’s New York Times, telling the paper that McCaskill’s objection to the comparison is an effort to “distract from the important issues. “ Akin “made an analogy — probably could have made a better one. Everybody’s going to find a reason to get their feelings hurt and get bent out of shape,” he added.

During a fundraiser over the weekend, Akin said, “[McCaskill] goes to Washington, D.C., it’s a little bit like one of those dogs, you know ‘fetch.’ She goes to Washington, D.C., and get all of these taxes and red tape and bureaucracy and executive orders and agencies and she brings all of this stuff and dumps it on us in Missouri.”

Politics

Todd Akin Compares Claire McCaskill To A Dog

Missouri senate candidate Todd Akin, who withstood GOP pressure to drop his bid after suggesting that women don’t become pregnant from “legitimate rape,” recently compared his opponent Sen. Claire McCaskill (D-MO) to a dog. Akin made the remarks at a fundraiser in Springfield featuring supporter Arkansas Gov. Mike Huckabee (R):

She goes to Washington, D.C., it’s a little bit like one of those dogs, you know ‘fetch,’” Akin said. “She goes to Washington, D.C., and get all of these taxes and red tape and bureaucracy and executive orders and agencies and she brings all of this stuff and dumps it on us in Missouri.”

“It seems to me that she’s got it just backwards,” Akin added. “What we should be doing is taking the common sense that we see in Missouri and taking that to Washington, D.C., blessing them with some solutions instead of more problems.”

Watch it:

Akin has also criticized McCaskill for not being “ladylike” enough during their debate.

Politics

Missouri TV Station Describes Rape Victims As ‘Controversial Characters’

A local NBC affiliate in Missouri took issue with Sen. Claire McCaskill’s (D-MO) new ads attacking Rep. Todd Akin (R-MO)’s “legitimate rape” remarks and his voting record. The campaign commercials “featured three Republican women who said they were rape victims and criticized Mr. Akin for his opposition to allowing sexual assault victims to have access to emergency contraception.”

An anchor on KOMU’s 5:00 PM news misquoted the women, described them as “controversial characters,” and falsely stated that they were “speaking out against McCaskill.” The network’s somewhat frustrated 10:00 PM anchor later apologized for the “errors”:

We have a number of corrections tonight for a story in our 5 o’clock news. The story focused on three new ads from Senator Claire McCaskill aimed at opponent todd akin’s remarks about rape. We incorrectly said there was one ad. We mistakenly said the ads featured two women speaking out against McCaskill. The ads actually feature three women – all survivors of sexual assault – and they were speaking on behalf of McCaskill. Also, a reading error lead to a misquote of one of the women in the ad, who actually said “I’m a pro-life mother and a survivor of an extremely violent sexual assault. As a woman of faith, I must forgive Todd Akin. But as a voter, it’s not something I can forget.” And finally, the McCaskill camp objected to our use of the phrase “controversial characters” when refering to the women in the ads. We apoloigize for that characterization and the errors.

Watch it:

A woman named Diana also says, “In the hospital I was offered emergency contraception. Because of my personal beliefs, I declined. Here’s what else I believe: no woman should be denied that choice.” Rachel adds: “At the worst moment of her life, no woman should be denied that choice,” she said. “What Todd Akin said was troubling enough, but it’s what he believes that’s worse.”

Akin made his “legitimate rape” comments in August, and has since said that he misplaced the word “legitimate.” He explained that he meant to argue that women sometimes lie about being raped.

LGBT

Better Know An Anti-LGBT Senate Candidate: Rep. Todd Akin (R-MO)

Rep. Todd Akin (R-MO)

Rep. Todd Akin (R-MO)

First in a series examining how anti-LGBT Senate candidates have worked to hurt the cause of equality.

With his primary win this week, sixth-term Rep. Todd Akin (R-MO) will be the Republican nominee against incumbent Sen. Claire McCaskill (D). Unlike the incumbent, who has had a solid record in support of equality, Akin has amassed one of the most anti-LGBT voting records of any member of Congress.

Over 12 years in Congress:

1. Akin actively pushed anti-LGBT measures. He co-sponsored at least five anti-equality measures in the current Congress — one of just seven Representatives to sign onto that many — including a constitutional amendment against marriage equality, a bill to ban the use of military facilities for any same-sex unions, and a resolution directing the Speaker of the House to defend the unconstitutional Defense of Marriage Act in court.

2. Akin spearheaded efforts against allowing same-sex unions at military chapels. He boasted that he “led the effort to fight back against gay marriage on military bases” (May 2012 press release).

3. Akin adamantly opposed allowing LGBT armed services members to serve openly. He called Don’t Ask Don’t Tell repeal “an eclipse of reason” and “the imposition of somebody’s social agenda that they want to impose on the military.”

4. Akin has been a consistent zero on LGBT rights. He earned a zero rating from the Human Rights Campaign, voting against LGBT equality 100 percent of the time, in each of his terms in Congress.

5. Akin has claimed marriage equality will destroy traditional families. He criticized President Obama’s endorsement of marriage equality as an “unquenchable desire to tear down the traditional family unit brick by brick” (May 2012 press release).

6. Akin has suggested that not being terrorized based on sexual orientation or gender identity is a “special privilege.” He strongly opposed adding sexual orientation to federal Hate Crimes laws, arguing that it would “increase hatred in America” and give a “special privilege” to bias-crime victims (April 2009 floor speech).

7. Akin has not even practiced non-discrimination personally. He refused to even adopt a non-discrimination policy against LGBT discrimination for employees in his own Congressional office.

8. Akin has proudly promoted his anti-LGBT backers. His campaign website prominently highlights the endorsements of two of the nation’s most notorious anti-gay extremists — Eagle Forum founder Phyllis Schafly and Fox News Channel host and Chick-fil-A appreciator former Gov. Mike Huckabee (R-AR). Huckabee also appeared in a TV ad backing Akin in the primary.

9. Akin has said marriages are only about procreation. He argued on the House floor that marriage is only “about a love that can bear children,” and warned that “anybody who knows something about the history of the human race knows that there is no civilization which has condoned homosexual marriage widely and openly that has long survived” (2006 speech in favor of the proposed Marriage Protection Amendment).

Watch Akin’s 2006 speech here:

Akin’s record is not just one of opposing LGBT rights, but one of actively seeking to take them away. His election to the U.S. Senate would be a huge threat to LGBT people and families.

Economy

Three Democratic Senators Undecided On Extension Of Bush Tax Cuts For The Rich

Two days after the White House said it would not extend the Bush tax cuts for the rich under any circumstances, multiple Democratic senators refused to rule out the same scenario.

Missouri Sen. Claire McCaskill (D) and Florida Sen. Bill Nelson (D), both of whom are facing re-election fights this fall, refused to take a position on ending the cuts when asked Thursday, The Hill reports:

“If you want to do something in the spirit of compromise, you don’t start out by saying, ‘I refuse to do this’ or ‘I refuse to do that,’ ” said McCaskill. “It’s not my preference to extend tax cuts to multimillionaires — that’s not my preference — but I want to keep every option open in the spirit of compromise.”

Said Nelson, “I can’t get into a hypothetical.”

According to The Hill, Arkansas Sen. Mark Pryor (D) was also undecided on the issue.

Ending the Bush tax cuts for the rich, however, should be an easy decision. Republicans argue that letting the tax cuts expire will hurt job growth, even though evidence shows lower taxes on the rich don’t lead to job creation and GOP lawmakers have willingly admitted that the Bush tax cuts didn’t lead to a spike in jobs.

Republican intransigence on tax revenues nearly pushed the country over the brink of default last summer and caused the first credit downgrade in American history, but ending the Bush tax cuts — which cost $36 billion a year while benefiting just 2 percent of Americans — gives the country a chance to raise revenues now that will reduce the debt and help avoid painful spending cuts to vital programs.

Election

GOP Senate Candidate Defends Tea Party Activist Who Made ‘Kill’ Claire McCaskill Comment

Missouri Senate Candidate Sarah Steelman

Republican Senate candidate Sarah Steelman defended today a Tea Party activist’s call to “kill the Claire Bear” — a reference to Sen. Claire McCaskill (R-MO), whom Steelman is running against. Steelman has been under fire this week from Democrats for not denouncing the remark, which came at a Tea Party rally last week that Steelman attended.

“There was nothing violent about what he said…no one perceived it as a threat,” Steeleman told KZRG in Joplin. No one, that is, except for the FBI, which reportedly interviewed the activist who made the comment, Scott Boston, and the Capitol Police, which assigned McCaskill extra protection. Boston later said he did not intend the comment to be a threat.

Steelman, did say that the “kill” comment was a poor choice of words and “a bad joke,” but dismissed the controversy and defended Boston:

STEELMAN: Are we just we just going to abandon all common sense in this country and anytime anybody says anything, the government is just going to come down and send FBI agents to knock on your door? Are we going to have thought and speech police? [...]

This is part of the problem in Washington…and people jump on somebody like Scott Boston, an individual, and they can put the whole force of the federal government on this guy.

The liberal research organization American Bridge recorded the interview:

Steeleman was at the rally with her son, who applauded Boston’s comment. Steelman’s Republican primary opponent John Brunner issued a strong rebuke of Boston’s comment, saying, “This type of rhetoric is unconscionable and I reject this kind of politics.” “Comments like these have no place in this U.S. Senate campaign, or any other campaign in this country, because they don’t represent American values,” the Republican said.

Election

VIDEO: GOP Candidate’s Son Applauds ‘Kill’ Claire McCaskill Line

Sam Steelman

Yesterday, we noted that Sen. Claire McCaskill (D-MO) is getting beefed up security after a Tea Party activist said “we have to kill the Claire Bear” last week at a Tea Party rally in which Sarah Steelman, McCaskill’s GOP challenger, was present.

The St. Louis Post-Dispatch reported that the comment was met with “mild applause” from the audience, including, according to a video provided to ThinkProgress by the liberal research group American Bridge, Steelman’s son, Sam. Sam Steelman also serves as his mother’s “deputy [campaign] manager” and acts as a “campaign spokesman.”

In the tracking video, Sam, chatting with his mother, can be clearly seen applauding after activist Scott Boston says, “We have to kill the Claire Bear ladies and gentlemen.” Watch it:

The Missouri Democratic Party hit Steelman for not immediately denouncing Boston’s comments, and the video suggests she heard it. Later, Steelman told the Huffington Post, “I may disagree with the words Mr. Boston chose in his statement, but I understand his frustration and I emphatically support his right to express his views.”

Update

Fellow GOP Senate candidate John Brunner, who will face off against Steelman in the August Republican primary, strongly condemned Boston’s comments: “This type of rhetoric is unconscionable and I reject this kind of politics,” Brunner said in a statement. “Comments like these have no place in this U.S. Senate campaign, or any other campaign in this country, because they don’t represent American values.”

Election

Sen. Claire McCaskill Getting Beefed Up Security After Tea Party Activist Declares ‘We Have To Kill The Claire Bear’

Sen. Clarie McCaskill (D-MO)

Police are assigning extra security to Sen. Claire McCaskill (D-MO) after a Tea Party activist declared at a rally last week, “We have to kill the Claire Bear ladies and gentlemen.” The rally was hosted by the group Tea Party Express, which is endorsing McCaskill challenger Sarah Steelman (R), who was in attendance at the rally.

Scott Boston, a St. Louis Tea Party activist, said, “She walks around like she’s some sort of Rainbow Brite Care Bear or something but really she’s an evil monster.” “We have to kill the Claire Bear,” he added.

The St. Louis Post-Dispatch reports that local police are performing more patrols around the senator’s house at the request of the Capitol Police, and that she now has extra security at public events.

Steelman has not made a public comment condemning Boston’s comments, despite being present at the event supporting her, and neither have McCaskill’s other GOP challengers, Rep. Tod Akin (R-MO) or John Brunner. Boston later said he did not intend the comment to be a threat.

In a statement provided to ThinkProgress, Missouri Democratic Party spokesperson Caitlin Legacki, said, “The kind of language in this threat is totally unacceptable and needs to be immediately renounced by Todd Akin, John Brunner and Sarah Steelman.”

“What makes America different from the rest of the world is that we settle our political disagreements without threats of violence. Akin, Brunner and Steelman need to make it crystal clear to their supporters that this kind of language will not be tolerated in any venue under any circumstances. If they refuse to do so, these three candidates are sending a clear message that they endorse the kind of inflammatory language that could lead to violence, or something worse,” Legacki said.

Update

Huffington Post gets a comment from McCaskill’s opponent, Sarah Steelman: “I may disagree with the words Mr. Boston chose in his statement, but I understand his frustration and I emphatically support his right to express his views”

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