News Violence

Gillibrand Demands Scores of Sexual Assault Case Records From Pentagon

Adele M. Stan

An AP investigation of sexual assault cases at U.S. military bases in Japan reveals erratic application of justice, and the senator suspects there's more to be found stateside.

Emboldened by an investigation by the Associated Press that revealed a “chaotic” and erratic application of punishment for sexual assault within the armed forces on U.S. military bases in Japan, Sen. Kirsten Gillibrand (D-NY) on Monday demanded that the Pentagon turn over the records of sexual assault cases from a number of major U.S. military bases, the AP reports, including Fort Hood in Texas, Naval Air Station Norfolk in Virginia, Camp Pendleton in California, and Wright-Patterson Air Force Base in Ohio.

In a letter to Defense Secretary Chuck Hagel, Gillibrand reportedly said she expects a more timely response than the four years it took the AP to acquire, via the Freedom of Information Act, the records from the U.S. bases in Japan.

Ever since May, when Gillibrand first set out to change the way Uniform Code of Military Justice addresses charges of sexual assault, the pushback from the military brass and their allies in Congress has been fierce, especially as Gillibrand steadily built support and found co-sponsors for her Military Justice Improvement Act (MJIA). Just last week, as Rewire reported, Sen. Claire McCaskill (D-MO) threatened to filibuster the measure should it be introduced, a stunning rebuff from a member of her own party.

The MJIA would remove the adjudication of sexual assault and other serious crimes from the chain of command. Supporters say this change would rid the process of an inherent conflict of interest on the part of commanders, and would create an environment in which those who suffered an assault would be more likely to come forward.

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The AP investigation of sexual assault cases at the U.S. bases in Japan appear to corroborate the stories of assault survivors at other military bases, some of whom have told those stories at press events convened by Gillibrand. At an unprecedented hearing held by the Senate Armed Services Committee in June, senators heard from advocates for survivors of career-ending retaliation against members of the armed forces who pressed assault complaints against assailants from within their ranks.

One case that made national headlines was that of Lt. Col. James Wilkerson, whose conviction of sexual assault against a woman who stayed at his home was overturned by his commander, Lt. Gen. Craig Franklin (who has since announced his intention to retire from the military).

In the AP investigation of cases at the U.S. bases in Japan, reporters Yuri Kageyama and Richard Lardner found that, even when convicted, perpetrators of sexual assault rarely served time. They write:

Nearly two-thirds of 244 service members whose punishments were detailed in the records were not incarcerated. Instead they were fined, demoted, restricted to their bases or removed from the military. In more than 30 cases, a letter of reprimand was the only punishment.

Lardner and Kageyama open their article with the story of a woman stationed at the Marine base in Okinawa, who was awakened in her bunk by a fellow service member who was raping her. DNA evidence backed her claim, but her assailant was allowed to plea to a lesser charge, “wrongfully engaging in sexual activity in the barracks.” His rank was reduced and he was confined to the base for 30 days.

“In two rape cases,” write Kageyama and Lardner, “commanders overruled recommendations to court-martial and dropped the charges instead.” In one of those cases, the complainant had taped a conversation in which her assailant had admitted to the assault.

If Gillibrand succeeds in obtaining the records she seeks, the results could be explosive. At Fort Hood, for example, a sergeant tasked with conducting the base’s sexual harassment prevention program is alleged to have run a prostitution ring under the nose of commanders.

Analysis Politics

New Hampshire Sen. Kelly Ayotte’s Record on Women’s Health at Center of Heated Race

Ally Boguhn

Sen. Kelly Ayotte's defenders have made claims about her commitment to "strengthening women's health" through action on various measures; reproductive rights advocates point out, however, that most of these measures would have done more harm than good.

The tight race between incumbent Sen. Kelly Ayotte (R-NH) and challenger Gov. Maggie Hassan (D) could help determine which party takes control of the U.S. Senate after the November elections. In recent months, a key point of contention has emerged among Ayotte’s supporters and critics: the senator’s record on reproductive rights and women’s health.

Planned Parenthood Votes released an ad in April claiming Ayotte is “bad for New Hampshire women,” signaling the continuation of the heated narrative in the lead-up to the election. Ayotte’s defenders have responded to the accusations with claims of her commitment to “strengthening women’s health” through action on various measures; reproductive rights advocates point out, however, that most of these measures would have done more harm than good.

“For months, Senator Kelly Ayotte has followed party bosses, refusing to fill the Supreme Court vacancy. And for years, Ayotte has waited for an opportunity to push for someone to end access to safe, legal abortion and overturn Roe v. Wade,” claims the Planned Parenthood Votes ad, before playing an August 2010 clip of Ayotte advocating for the Supreme Court to overturn Roe. “For New Hampshire women, the consequences of letting Kelly Ayotte play politics with the Constitution could last a lifetime.”

The $400,000 ad buy, slated to run on broadcast and cable in New Hampshire, has been Planned Parenthood Votes’ first on-air ad targeting a Senate race in the 2016 election cycle. The organization, a national independent expenditure political committee, is criticizing Ayotte for claiming to protect women but failing to protect reproductive rights, also drawing on her pledge to obstruct filling the vacant Supreme Court seat in the aftermath of Justice Antonin Scalia’s death.

“Kelly Ayotte may try to paint herself as pro-woman, but her record tells a very different story. Every chance she’s gotten she’s voted to ‘defund’ Planned Parenthood and cut women off from essential health care like birth control and breast and cervical cancer screenings,” said Deirdre Schifeling, executive director of Planned Parenthood Votes, in a statement on the organization’s new ad. “She has been advocating for years to ban women’s access to safe, legal abortion, and it’s clear she now sees her chance in the Supreme Court process. Kelly Ayotte is refusing to do her job, and abdicating her constitutional duty, in order to push an extreme agenda that no one in New Hampshire wants.”

Ayotte’s campaign manager, Jon Kohan, meanwhile, defended the senator’s record on women’s health and rights in a press release. He wrote, “Kelly’s long record of standing up for New Hampshire women and families is clear, and she cares deeply about ensuring all women have access to health services.” The release included a bulleted list providing examples of Ayotte’s work “strengthening women’s health care,” “supporting working women,” and “protecting domestic or sexual assault victims.”

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The claims may be familiar to those following the New Hampshire race. After Hassan announced her candidacy in October, for example, One Nation, an issue-advocacy organization that does not need to disclose where their funding comes from and is affiliated with Karl Rove’s American Crossroads super PAC, pushed a 17-day, $1.4 million ad campaign touting Ayotte’s record on women’s health.

Hassan, on the other hand, has the support of organizations such as EMILY’s List, whose stated mission is to help elect pro-choice women into office. After endorsing the governor in the Senate race, the group added Ayotte to its “On Notice” list for “voting for anti-woman legislation and standing in the way of policies that give working families a fair shot.”

But with both sides of the race simultaneously claiming opposing positions on whether Ayotte has been good for women and reproductive rights, what is the truth?

Ayotte has made no secret of her desire to defund Planned Parenthood, and she “has shown support for defunding the organization or opposition to continued funding in at least six votes,” according to PolitiFact, though some of those votes were procedural. Though she famously chided Sen. Ted Cruz (R-TX) for attempting to shut down the government over his crusade to strip the reproductive health provider of money in the wake of anti-choice front group Center for Medical Progress’ deceptively edited videos, it was because she didn’t view his methods as a winning strategy for accomplishing that goal—not because she didn’t believe in the cause.

In a letter to Cruz, Ayotte told the Republican presidential candidate that she too is “deeply disturbed by” CMP’s videos and doesn’t believe Planned Parenthood should have federal funding.”This callous disregard for the dignity of human life is heinous, and I do not believe taxpayer dollars should be used to fund a private organization that performs hundreds of thousands of abortions each year and harvests the body parts of unborn children,” wrote Ayotte. She went on to ask what Cruz’s “strategy to succeed in actually defunding Planned Parenthood” really was, given that their mutual efforts to redirect the organization’s funding to other clinics had failed.

Planned Parenthood does not use its federal funding to provide abortions; its fetal tissue donation program has been cleared of wrongdoing in multiple state and federal investigations. And despite claims from conservatives, including Ayotte, that other facilities could provide Planned Parenthood’s patients with health care should the organization lose funding, the Guttmacher Institute found that “credible evidence suggests this is unlikely. In some areas, Planned Parenthood is the sole safety-net provider of contraceptive care.”

“Our analysis shows unequivocally that Planned Parenthood plays a major role in delivering publicly supported contraceptive services and supplies to women who are in need of such care nationwide,” the Guttmacher Institute concluded.

Ayotte has also supported numerous other anti-choice restrictions and legislation, including a 2015 20-week abortion ban based on the medically unfounded claim that fetuses feel pain at this point in pregnancy.

According to NPR, Ayotte has “been a hero to anti-abortion activists since 2005, when as New Hampshire attorney general she defended a parental notification law all the way to the U.S. Supreme Court.” The law required doctors to notify parents of minors seeking an abortion at least 48 hours prior to the procedure, and contained no exceptions for the health of the patient. The Court ultimately ruled against Ayotte, affirming that states may not enact abortion laws that don’t protect women’s health and safety.

National Right to Life found that the New Hampshire senator voted “with” the anti-choice organization in all 14 of the scored votes from 2012 to 2015 it examined.

In 2012, Ayotte co-sponsored the failed “Blunt Amendment,” which would have allowed exemptions from the Affordable Care Act’s birth control benefit for any employers or insurers that had moral objections to providing contraceptive coverage to their employees. And in a 2014 commentary for the Wall Street Journal, Ayotte and Sen. Deb Fischer (R-NE) defended the Supreme Court’s ruling in Burwell v. Hobby Lobby, which grants some employers the right to deny contraceptive coverage to their staff based on the owner’s religious beliefs, falsely claiming that the ruling did “not take away women’s access to birth control.”

Ayotte’s campaign is quick to point to legislation sponsored by the senator that would have allowed over-the-counter contraception as proof that she cares about women’s health. Reproductive health advocates, however, called Ayotte’s Allowing Greater Access to Safe and Effective Contraception Act a “sham” when it was introduced in 2015. Though the American Congress of Obstetricians and Gynecologists (ACOG) generally supports over-the-counter birth control, the organization’s president Dr. Mark S. DeFrancesco, said in a statement that Ayotte’s measure “would actually make more women have to pay for their birth control, and for some women, the cost would be prohibitive.”

Paid leave is yet another issue in which Ayotte has put forth legislation in the name of helping women. Ayotte introduced the Family Friendly and Workplace Flexibility Act of 2015 in March of that year, claiming it would “allow greater flexibility for workers who are looking to better balance their work-life demands.” Analysis by ThinkProgress, however, found that the measure “could weaken already weak rules that require workers to be paid extra for working extra hours, thus ensuring that workweeks don’t grow out of control and employees are compensated fairly.”

Earlier in 2015, Ayotte signed on as a co-sponsor of the Working Families Flexibility Act. According to a statement from the National Partnership for Women and Families (NPWF) condemning the legislation, the act claimed to “give hourly workers more flexibility and time with their loved ones by allowing them to choose paid time off, rather than time-and-a-half wages, as compensation for working more than 40 hours in one week.” However, the bill did “not promote family friendly or flexible workplaces,” explained the nonprofit organization in a fact sheet. “Instead, it would erode hourly workers’ ability to make ends meet, plan for family time, and have predictability, stability, and true flexibility at work.”

Ayotte’s record on equal pay has been similarly debunked by advocates. One of the policies highlighted by Ayotte’s campaign in the wake of Planned Parenthood Votes’ ad was the senator’s introduction of the Gender Advancement In Pay (GAP) Act in September 2015, which she reintroduced ahead of Equal Pay Day this April. The measure was meant to make clear that “employers must pay men and women equal wages for equal work, without reducing the opportunity for employers to reward merit,” according to a press release from Ayotte’s office upon the initial release of the bill.

Critics argued that Ayotte’s bill was nothing other than an election-year stunt. New Hampshire state Sen. Donna Soucy (D-Manchester) told NH1 News that Ayotte’s move was an attempt to look “for some cover … in an effort to be more in line with” New Hampshire voters, after Ayotte voted against other fair pay measures. However, Soucy said, the legislation didn’t really address the issue of pay equity. “Sen. Ayotte’s bill attempts to create paycheck fairness but doesn’t in fact do so because employers could preclude their employees from discussing what they make with their fellow employees,” claimed Soucy.

Similar arguments were made when Ayotte co-sponsored another equal pay measure, the Workplace Advancement Act, with Sens. Deb Fischer (R-NE), Susan Collins (R-ME), Joni Ernst (R-IA), Thad Cochran (R-MS), and Shelley Moore Capito (R-WV) in April 2015. Though the legislation would ban employers from retaliating against their staff, it failed to garner support from Democrats. According to the National Women’s Law Center, the bill would have done “more harm than good” as it “entirely [ignored] the many loopholes and inadequacies in current equal pay laws and simply [stated] that pay discrimination ‘violates existing law.'”

Their arguments are bolstered by Ayotte’s repeated votes against the federal Paycheck Fairness Act, though as Politifact again pointed out, some of these votes were procedural and not against the bill itself. Ayotte did cast one vote in favor of ending debate on the measure and advancing it; the fact-checking site noted, though, that Ayotte’s office reportedly did so in the ultimately denied hopes of changing the bill.

Had it passed, the legislation would have updated the Equal Pay Act of 1963 to include protections such as prohibiting retaliation against employees who share their salary and strengthening penalties for those who violate the law. Ayotte claims she voted against the measure because it “could reduce the ability of employers to award merit pay for good performance and limit the opportunity for women to have flexible work schedules,” according to a press release on the matter.

Speaking at a town hall event in 2013, Ayotte had previously justified her vote against equal pay legislation by asserting that it “created a lot of additional burdens that would … make it more difficult for job creators to create jobs.” The New Hampshire senator went on to add that there were already laws in place that could help address the issue.

There are, however, some examples of Ayotte supporting and introducing legislation that would help women. In June 2015, Ayotte co-sponsored the Pregnant Workers Fairness Act to protect pregnant people from workplace discrimination. Though the legislation never came to a vote, it would have helped “end … discrimination and promote healthy pregnancies and the economic security of pregnant women and their families,” according to the NPWF. That same year, the New Hampshire senator co-sponsored the Protect Access to Lifesaving Screenings (PALS) Act, bipartisan legislation that would have safeguarded access to free annual mammograms for women ages 40 to 74. Ayotte co-sponsored the bipartisan Campus Accountability and Safety Act in 2014 and 2015, which, according to Democratic New York Sen. Kirsten Gillibrand’s website, would “protect students and boost accountability and transparency at colleges and universities” when it comes to sexual assault. Ayotte also co-sponsored the Combating Military Sexual Assault Act of 2013 to address the issue in the military.

Overall, Ayotte has signed onto or supported numerous pieces of legislation that at face value seem to promote reproductive health and women’s rights. Further examination shows, however, that—with a few exceptions—they largely failed to hold up to scrutiny. While Ayotte’s campaign alleges that many of her measures would have helped women and families, analysis suggests that her conservative solutions to addressing these issues often would have made the problems worse. This, coupled with the senator’s fierce anti-choice advocacy, will no doubt keep this portion of Ayotte’s record under tight observation as November’s election approaches.

Commentary Politics

A Telling Response: Trump’s Mistreatment of Women Evokes Yawn from GOP Leadership

Jodi Jacobson

Republican leaders have been largely dismissive of Donald Trump's misogynistic track record—which speaks volumes about the party's own treatment of women.

This weekend, the New York Times published the results of interviews with more than 50 people, many of whom attested to the fact that in both private and public life, presumptive Republican presidential nominee Donald Trump made “unwelcome romantic advances” toward women and exhibited “unsettling workplace conduct over decades.” Translation: He objectified, sexually harassed, and made unwelcome comments and advances toward women with whom he worked, whom he met in social settings, or who participated in his reality show empire. He even, according to one person quoted in the Times, sought assurance that his own daughter was “hot.” Yet GOP leadership has been largely dismissive of Trump’s track record—which speaks volumes about the party’s own feelings on women.

While important in its detail, the Times story is anything but surprising. Trump is a historical treasure trove of misogynistic behavior and has talked about it openly. In an interview with Esquire, for example, Trump stated: “You know, it doesn’t really matter what [the media] write as long as you’ve got a young and beautiful piece of ass.” He has frequently made derogatory comments about the looks of female politicians, journalists, actresses, and executives: He’s claimed that “flat-chested” women can’t be beautiful and mused about the potential breast size of his infant daughter. He’s suggested that sexual assault in the military is “expected” because men and women are working together and that the thought of someone pumping breast milk is “disgusting.”

Forgive me if I am not shocked that reports indicate he’s no feminist. Female voters know this: Even conservative news outlet National Review fretted about the fact that both Trump and former presidential aspirant Sen. Ted Cruz (R-TX) are both highly unpopular among female voters, noting that “seven out of ten women (67 percent) have an unfavorable view of Trump, and only 26 percent view him favorably… and [some] polls have his unfavorability ratings among women even higher, at 74 percent.”

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In interviews this weekend, the Times‘ report elicited what was effectively a yawn from Reince Priebus, chair of the Republican National Committee, the guy charged with leading the GOP both in terms of the party’s platform and in helping its candidates across the country get elected. On Sunday, Fox News‘s Chris Wallace asked Priebus whether the reports of Trump’s mistreatment of women bothered him. Priebus responded by asserting that “people just don’t care” about all these stories, although when pressed, he suggested that Trump would have to answer to his own statements.

But that dodges the question. Priebus is the head of the party and also needs to take responsibility for his nominee’s behavior, as does the party itself. He did not say, “I deplore the remarks Trump has made during the campaign,” or, “as a party, we need to reflect deeply on why our candidates and policies are so deeply unpopular among a group that makes up more than half the U.S. population.”

Priebus said none of that. He just shooed the issues away. The fact he did not even attempt to address the substance of the Times article is the most telling news of all.

The real problem is that it’s the GOP leadership that just doesn’t care. This morning, the Guardian reported that “After a week of make-up meetings with Donald Trump, Republican party leaders have arrived at a new strategy to accommodate their presumptive presidential nominee: ignore his problematic attitude to women, his tax issues and his fluctuating positions on trade, immigration, foreign relations and a host of other topics, and instead embrace the will of Republican voters.”

The reality is that Trump’s “problematic attitude toward women” is not an isolated problem. For the GOP leadership, it is not a problem at all, but the product of their fundamental policies and positions. The GOP has been waging war on women’s fundamental rights for nearly two decades; it’s just gotten more brash and unapologetic about the attitudes underlying the party’s policies. The GOP is full of candidates who think pregnancy resulting from rape is a blessing; who minimize and stigmatize the role of access to contraception and abortion in public health and personal medical outcomes; who demonize and marginalize single mothers; and who won’t pay for basic services to help the poor. The GOP platform is built on policies that seek to deny women access to reproductive and sexual health care, including but not limited to abortion, thereby also denying them the right to self-determination and bodily autonomy. So the fact that both the party leaders and the media spun themselves into a tizzy when Trump suggested he would imprison women who had abortions was all theater. That is GOP policy.

The GOP majority in Congress and in state legislatures continues to deny low-wage workers—the majority of whom are women—living wages, labor protections, and paid family leave. At the state level, Republican governors and legislators have obliterated funding for education, child care, aid to single-parent families, aid to children with disabilities, and basic health-care services. And Trump is far from unique in this election cycle among GOP presidential candidates: Republicans in the running from Ted Cruz on down have used women as objects when it is convenient, with Cruz going so far as to parade his two young daughters on the campaign trail in bright pink dresses, seemingly to underscore their “innocence” and to stoke fear of transgender persons seeking access to the most basic facilities, though many of those are young girls themselves.

It’s not only Donald Trump’s mistreatment of women. It’s that the GOP’s platform is based on sheer misogyny, and the leadership has to ignore it or they’d have to rethink their entire platform and start from scratch.

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