Gillibrand Responds to Testimony by Nominee for Navy Undersecretary Advocating Against Sexual Assault Cases Being Decided "Based on Evidence"

Press Release

U.S. Senator Kirsten Gillibrand (D-NY) released the following statement today in response to written testimony by Jo Ann Rooney, nominee to be the next undersecretary of the Navy, that advocated for commanding officers to continue deciding whether to prosecute sexual assault allegations because the impact of an independent, objective and non-biased military justice system where military prosecutors make these legal decisions, "…would be decisions based on evidence rather than the interest in preserving good order and discipline." Rooney currently serves as Principal Deputy Under Secretary of Defense for Personnel and Readiness.

"When you listen to the victims, several retired Generals, commanders and JAG officers, and the military brass themselves -- it is clear there is no accountability because the trust that any justice will be served has been irreparably broken under the current system where commanders hold all the cards over whether a case moves forward for prosecution.

"And it is shocking statements like this that further erode that trust. The United States legal system based on evidence, justice and due process is the cornerstone of our democracy, why isn't this good enough for our servicemembers who risk everything to protect those freedoms? The brave men and women we send to war to keep us safe deserve nothing less than a justice system equal to their sacrifice.

"It is time to restore that trust. It is time to move the sole decision-making power over whether serious crimes akin to felony go to trial from the chain of command into the hands of non-biased, professionally trained, military prosecutors -- where it belongs."

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