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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.

Climate Progress

Congress: Where The Bible Disproves Science, And A Senator Tries To Torpedo An Admiral

Earlier today at a hearing on approving the Keystone pipeline, Buzzfeed reports that Rep. Joe Barton (R-TX) took a slight detour into biblical science.

I don’t think it’s a secret that I’m a proponent and supporter of the Keystone pipeline, so it’s somewhat redundant for me to ask too many questions. I would point out that people like me who support hydrocarbon development don’t deny that climate is changing. I think you can have an honest difference of opinion of what’s causing that change without automatically being either all in that’s all because of mankind or it’s all just natural.

I think there’s a divergence of evidence. I would point out that if you’re a believer in the Bible, one would have to say the Great Flood is an example of climate change and that certainly wasn’t because mankind had overdeveloped hydrocarbon energy.

Leaving aside all theological debates over when the flood happened in the narrative of the Bible itself, there is a place for theology and there is a place for science. Apocryphal details of one do not constitute proof in the other. Current carbon dioxide levels have not been this high for the last 15 million years — it has taken millions of years for carbon to be turned into fossil fuels, and the planet’s climate was very different back then, it is true. But the planet has also not seen such an exhuming and burning of carbon in such a dedicated way in such a small period of time … and we are seeing the effects in spiking CO2 levels, increasing temperatures, growing energy in the hydrological cycle, and sea level rise.

While some Senators might discount the idea that 97 percent of climate scientists have concluded that humans are causing climate change, most people trust the experts.

Speaking of Senators, there was a hearing yesterday on the other side of the Capitol that illuminated a similar Congressional tendency to assume expertise over things best left to experts.

Yesterday Admiral Samuel Locklear, head of Pacific Command, testified before the Senate Armed Services Committee. Last month, he said that changing climate “is probably the most likely thing that is going to happen . . . that will cripple the security environment” in the Pacific region. During the hearing, the ranking member — who had earlier said “I can’t recall a time in my life when the world has been more dangerous” — brought up the crucial national security issue of climate change in his first question. However, this senator was the senior senator from Oklahoma, James Inhofe.

What followed was an attempt to lead the witness that backfired. Senator Inhofe tried to get Admiral Locklear to take back his statement about the threat of climate change. Locklear responded that while of course North Korea and other powers were threats, he was talking about long-term threats posed by sea level rise and natural disasters. When he got to the efforts to plan for this with our allies, Inhofe realized he would not be getting his desired answer and cut him off. He then asked a completely different question about energy security, to which the Admiral replied that yes, it would be great to produce all our own energy. Inhofe may want to look beyond oil, because the U.S. has nearly 1.6 percent of the world’s proven oil reserves, while consuming about 19.2 percent of the world’s total energy.

Senator Inhofe’s constituents in Oklahoma are disproportionately feeling the effects of climate change according to a recent report and eight counties in Oklahoma have been hit by ten or more weather disasters since the beginning of 2007.

Transcript and video of the exchange after the jump.

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Health

Overwhelmed By Rising Health Costs, Pentagon Pushes For More Out-Of-Pocket Fees For Veterans

The rising cost of health care in the United States has prompted some of the nation’s most contentious policy debates, with spending on entitlements for the poor and elderly a constant source of tension between lawmakers. One policy that has enjoyed widespread support in Congress is the TRICARE system, which ensures that nearly 10 million active duty personnel, retirees, reservists and their families have access to generous health benefits. But there are currently far more retirees than active duty personnel receiving benefits through TRICARE. And with health costs continuing their upward trajectory, providing these expensive benefits has become something of an albatross around the Pentagon’s neck — setting up an unusual showdown between civilian leaders looking to tame costs through higher fees and deductibles on one side, and congressional lawmakers from both parties who are wary to shift costs onto retired service members on the other.

As Military Times reports, the Pentagon’s push for implementing higher fees goes beyond party lines. The last three Defense secretaries have pushed for enrollment fees on Medicare-eligible beneficiaries and higher enrollment fees that are pegged to national health care inflation — rather than the more generous metric currently endorsed by Congress — for working-age retirees. President Obama is expected to include those requests, as well as requests for higher deductibles on working-age retirees, in his budget on Wednesday.

Civilian leaders have not minced words about what might happen without drastic changes to the way that the Defense Department provides these benefits:

The greatest fiscal threat to the military is not declining budgets, [Defense Secretary Chuck Hagel] warned, but rather “the growing imbalance in where that money is being spent internally.” In other words, money dedicated to health care or benefits is money that’s not spent on preparing troops for battle or pilots for missions.

Hagel echoed his predecessors, Leon Panetta, who said personnel costs had put the Pentagon on an “unsustainable course,” and former Pentagon chief Robert Gates, who bluntly said in 2009 that “health care is eating the department alive.”

In his speech last week, Hagel quoted retired Adm. Gary Roughead, the former Navy chief, who offered a devastating assessment of the future Pentagon.

Without changes, Roughead said, the department could be transformed from “an agency protecting the nation to an agency administering benefit programs, capable of buying only limited quantities of irrelevant and overpriced equipment.”

TRICARE benefits are extraordinarily generous. As the Times notes, the annual enrollment fee for working-age TRICARE beneficiaries is significantly lower than it is for other federal employees, and the program currently imposes no deductibles on beneficiaries or their dependents. That’s a truly unique deal in an era of high-deductible health plans and blatant cost-shifting by employers onto their workers.

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Security

Defense Secretary Pushes Congress To Change Military Tribunal Rules On Sexual Assault

Secretary of Defense Chuck Hagel

Secretary of Defense Chuck Hagel on Monday announced that he would provide recommended legislation to Congress to change current rules on military tribunals that allow convicted rapists to go free, in response to a high-profile case that has drawn outrage.

The case in question involved Air Force Lt. Col. James Wilkerson’s conviction before a military tribunal of sexual assault, for which he was tossed out of the military and sentenced to a year in prison. Unfortunately, Lt. Gen. Craig Franklin used his ability as the “convening authority” — or the senior officer who called the court-martial — to overturn the jury’s decision less than four months later and reinstate Wilkerson into the Air Force. Franklin’s decision led to widespread condemnation from members of Congress and the general public.

Hagel in March ordered a review of Article 60 of the Uniform Code of Military Justice (USCMJ), to investigate the ways that changes to the policy could prevent cases like Wilkerson’s from occurring again. The review was completed recently, leading to Hagel issuing two recommendations Monday afternoon that will be sent to Congress in the form of draft legislation:

First, eliminating the discretion for a convening authority to change the findings of a court-martial, except for certain minor offenses that would not ordinarily warrant trial by court-martial. While convening authorities would no longer have the ability to dismiss charges for serious offenses like sexual assault, defendants would continue to have access to a robust system of appeal rights.

Second, requiring the convening authority to explain in writing any changes made to court-martial sentences, as well as any changes to findings involving minor offenses. The intent is to ensure that convening authorities are required to justify — in an open, transparent, and recorded manner — any decision to modify a court martial sentence.

Hagel also acknowledged that the Pentagon has not done enough to curb sexual assault and pledged to do more:

Despite the attention and efforts of senior leaders throughout the Department of Defense, it is clear the department still has much more work to do to fully address the problem of sexual assault in the ranks. This crime is damaging this institution. There are thousands of victims in the department, male and female, whose lives and careers have been upended, and that is unacceptable. The current situation should offend every single service member and civilian who, like me, is proud of their association with the United States military.

The Secretary’s recommendations should face a warm welcome when they reach the Capitol. “When I met with Secretary Hagel before his confirmation hearing he pledged his commitment to taking this issue head on,” Sen. Kirstin Gillibrand (D-NY) said in a statement provided to the press. “I commend him for honoring that commitment and taking this important step. Now Congress must act on legislation I am drafting with several of my colleagues that will remove authority over these cases outside the chain of command to increase reporting and strengthen accountability in the military justice system.”

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Economy

Bank Of America To Pay $36.8 Million To Military Members For Improper Foreclosures

Bank of America will pay $36.8 million to members of the military it improperly foreclosed on between 2006 and 2010, according to a settlement it reached with the federal government in 2011, the Justice Department announced this week.

Bank of America was already paying 142 military members under the original 2011 agreement, but a further review required by the settlement found 155 additional military homeowners who were subject to improper foreclosures, the Justice Department said. In total, Bank of America will pay more than 300 military members, as Reuters reports:

Each of 316 service members will receive at least $116,785, plus compensation and with interest, for any home equity lost. [...]

“Our men and women in the military should not have to worry about a bank foreclosing on their home while they bravely serve our country,” Eric Halperin, Special Counsel for Fair Lending in the Civil Rights Division, said in a statement.

In 2011, federal regulators said banks may have improperly foreclosed on more than 5,000 members of the military and violated the Servicemembers Civil Relief Act, which provides certain financial protections to military members. Bank of America was also one of the five banks that reached a settlement with the federal government over widespread mortgage and foreclosure abuses. The Justice Department is still reviewing foreclosures from all five banks for violations of the Servicemembers act.

Health

Finally, Rape Survivors In The Military No Longer Have To Disclose That They Sought Counseling


Before Friday, sexual assault victims in high-level military or intelligence positions were required to disclose if they sought counseling when applying for a higher intelligence clearance. But in a widely celebrated move on Friday, the Office of Director of National Intelligence announced that these individuals will now be allowed to keep their counseling history private.

The “infamous Question 21“, as former Defense Secretary Robert Gates called it, asks if the applicant has received mental health treatment in the last seven years, in order to determine any psychological concerns. While seeking mental health treatment does not officially disqualify someone from receiving security clearance, it can delay it and expose the applicant to invasive questioning. By multiple reports, sexual assault victims often forego counseling for fear it will affect their ability to rise through the ranks. One woman profiled by NPR chose to quit rather than disclose her rape:

Jennifer Norris was a devoted member of the Maine National Guard.

“I was ecstatic. I absolutely loved serving in the military,” she says.

Norris still wanted a career in the Guard even after she was sexually assaulted by other members of the military. After she was raped, she says she got psychological counseling. But then it came time to renew the security clearance she needed for her job as a satellite communications technician. One question on the form — Question 21 — asked whether she’d sought help from a mental health professional over the past seven years.

“I just could not bear sharing that information with all those people when my husband didn’t even know,” she says.

Norris says the prospect of divulging that information was too much. Instead, she decided to leave the National Guard.

Seeking counseling for sexual assault will now join the list of exemptions currently in place for family, grief and marital counseling, and for post-combat stress. Those exemptions were only added in 2008, as part of the Defense Department’s campaign to encourage soldiers to seek counseling and dispel entrenched hostility to mental health care.

Even though roughly one-third of all female troops have experienced sexual assault in the military, victims continue to bear significant stigma and often stay silent about the assault. One study found that women who were sexually assaulted while serving are nine times more likely to develop post-traumatic stress disorder.

Climate Progress

Why The U.S. Military Is Pursuing Energy Efficiency, Renewables And Net-Zero Energy Initiatives

The military has begun a transition to efficient and renewable energy. The Army is proceeding with its “Net Zero Energy” initiative, which means that they will aim to produce as much energy (and water, and waste) as they use. Cost and reliability are the primary reasons, but cutting carbon pollution is one of the outcomes.

Last month, the head of U.S. forces in the Pacific said that climate change was the most likely issue to concern the military. Two recent discussions shed some light on the efforts currently underway to allow the military to use less carbon-based fuels, and the explicit and implicit reasons behind those efforts.

Fueling the combat theater

Yesterday afternoon, Mike Breen, Executive Director of the Truman Project, hosted a conversation with Sharon E. Burke, Assistant Secretary of Defense for Operational Energy Plans and Programs at the Department of Defense. Entitled “Clean and Mean: DoD’s Tactical and Operational Energy Innovations,” it covered some of the tactics the military uses to more efficiently carry out its mission on the front lines.

Sharon Burke being briefed on solar power platforms used by tactical military units. (Photo: Summer Barkley)

Breen, a former U.S. Army infantry officer who served in Iraq, recalled the status quo at forward operating bases dependent on fossil fuel. Loud, inefficient generators burning gasoline. Unsealed tents that allowed air conditioning systems to cool the desert (racking up a $20 billion a year utility bill). Transmission and supply lines that began to feel more like a ball and chain weighing down mission-ready units.

The U.S. military is the largest single consumer of energy and oil on the planet. Assistant Secretary Burke explained how the DoD is dealing with a different frame of war with distributed operations all over the globe, from disaster relief to deterrence, fighting terrorism to peacekeeping. The military has to move fuel through long supply lines and sometimes contested areas. “It’s a challenge for us,” she said.

Burke has noted that “a $1 rise in the price of a barrel of oil translates to approximately $130 million over the course of a year.” It’s not just money at stake — fuel resupply endangers the lives of our men and women in uniform. Delivering fuel via truck over dangerous roads has led to heavy-lift helicopters often being used to deliver fuel to bases in Afghanistan.

To cut inefficient use of, and therefore dependence on, fossil fuels in the combat theater, the military has been doing things like adding solar panels to tents and backpacks and sealing tents with an insulating coating so cooled air does not leak. Mortar pits can be powered by the sun instead of an idling Humvee. Radio towers are getting electricity from solar panels instead of a generator that drinks gasoline, requiring resupply. The DoD now dispatches energy teams to these forward operating bases with deep policy knowledge of how renewable energy systems can be used, and they can work with soldiers on the ground to ascertain the best practical implementation. This leaves an experienced Chief Warrant Officer behind who can support the unit with these systems. As Ms. Burke said, it “doesn’t sound very exotic, but it adds up.”

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Security

Pentagon Reinstates Tuition Assistance Program For U.S. Troops

The Department of Defense is reinstating a popular tuition assistance program that was eliminated in the sequestration budget cutting process.

USA Today reported earlier this month that hundreds of thousands of troops would lose tuition assistance for classes this year because of the mandatory, across the board, military spending cuts that took effect on March 1. As USA Today noted, the program “covers tuition costs for attending college classes during off hours or even online while on combat deployments.”

But facing backlash and protests from servicemembers, Congress included a measure in its plan to fund the government through September that compels military officials to reinstate the program.

“We will comply with the recently enacted legislation to provide tuition assistance to all service members across all the services,” Pentagon Press Secretary George Little said on Wednesday.

“Based on the legislation that just passed, tuition assistance is to be reinstated across the services,” said DOD spokesperson Mark Wright, in a statement Wednesday as reported by Foreign Policy. “DOD agrees with Congress that the tuition assistance program is very important, both to the department and our service members. Each service is responsible for funding and administering its tuition assistance program in accordance with the DOD tuition assistance policy. We are working with the services to develop a plan to comply with any legislation.”

Security

National Security Brief: Poll Finds Military Turning Away From GOP


The latest annual poll conducted by the Military Times has found that nearly one-third of U.S. military personnel identified themselves as Republicans, down from almost 50 percent in 2006, the Washington Times reported.

One soldier attributed the numbers to the Tea Party. “It may have to do with the rise of the Tea Party movement,” said a Marine lieutenant colonel who described himself as conservative.

“Republicans kind of used to be seen as the party that took care of the military,” said one Army sergeant first class. “But recently, there’s a feeling that that has kind of shifted, and I don’t think people feel that the party is really looking out for the military the way it used to.”

In other news:

  • The perception of GOP infighting on foreign policy continued on Monday as Sen. Marco Rubio (R-FL) gave a speech in Kentucky, home state of Sen. Rand Paul (R), whom many Republicans have clashed with recently because of his isolationist views. “Every single time that nations have retreated from the world, every single time this nation has retreated from the world, we have paid for it in the long run,” Rubio said. “We have paid for it dearly.”
  • The AP reports: The United States is training secular Syrian fighters in Jordan in a bid to bolster forces battling President Bashar Assad’s regime and stem the influence of Islamist radicals among the country’s persistently splintered opposition, American and foreign officials said.
  • Reuters reports: A Syrian opposition leader, taking Syria’s seat at an Arab summit for the first time on Tuesday, said the United States should use Patriot missiles to protect rebel-held areas from President Bashar al-Assad’s airpower.
  • Security

    Report: CIA Losing Armed Drones Program To Pentagon

    The Central Intelligence Agency may be out of the armed drones business soon, according to a report out Wednesday morning, possibly granting more visibility to the Obama administration’s targeted killing program.

    According to The Daily Beast, the White House is ready to approve a plan transferring authority to launch lethal missions in areas such as Pakistan from the CIA to the Department of Defense. Both DOD and the CIA currently have access to unmanned aerial vehicles, as drones are formally known, but use them in different ways for different purposes under different congressional authorities and different rules of transparency.

    Should President Obama sign-off on the idea, the shift that would take place would not likely be immediately apparent to the public, but would go a long way to formalize the procedures in which drones are used. The process known as “institutionalization” has been in motion for over a year now, according to The Daily Beast, headed by newly-confirmed CIA Director John Brennan:

    Brennan, who has presided over the administration’s drone program from almost day one of Obama’s presidency, has grown uncomfortable with the ad hoc and sometimes shifting rules that have governed it. Moreover, Brennan has publicly stated that he would like to see the CIA move away from the kinds of paramilitary operations it began after the September 11 attacks, and return to its more traditional role of gathering and analyzing intelligence.

    Under the new structure, the CIA would still have a role in providing the intelligence necessary to identify targets, at least temporarily, but would no longer have operational control of lethal missions. That role in gathering intelligence means that the CIA’s use of unarmed drones for surveillance purposes is unlikely to be affected. While not a guarantee of greater transparency, placing the targeted killing program entirely under the Defense Department would mean that it would no longer be “covert” — or both secret and deniable by the government — but instead “clandestine” — meaning the administration would be unable to legally lie about operations.

    The move mirrors an approach former Defense Department lawyer Jeh Johnson promoted in an appearance at Fordham University on Monday. Johnson is the latest in a long line of high-profile Democrats questioning the current structure of the targeted killing program and the secrecy surrounding it. In recent weeks, CAP Chair John Podesta, Sen. Ron Wyden (D-OR), and Rep. Keith Ellison (D-MN) have all called for greater openness from the Obama administration about the way the program is carried out.

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