Tommy Tuberville joins other leaders to change sexual assault investigations in the military

U.S. Senator Tommy Tuberville has joined a bipartisan group of senators to support a bill that will change the way the military conducts sexual assault investigations and prosecutions. Tuberville, a member of the Senate Armed Services Committee Subcommittee on Personnel, joined U.S. Senators Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA), Joni Ernst (R-IA), Richard Blumenthal (D-CT), Ted Cruz (R-TX), Jeanne Shaheen (D-NH), Mark Kelly (D-AZ), and 28 other Senators to introduce the Military Justice Improvement and Increasing Prevention Act. According to the press release, the legislation “keeps the prosecution of sexual assault crimes within the military but moves the decision to prosecute to independent, trained, professional military prosecutors, and provides for several new prevention provisions such as better training for commanders and increased physical security measures, while ensuring that commanders still have the ability to provide strong leadership and ensure a successful command climate.” Tuberville stated, “Our men and women in uniform sacrifice every day to keep us safe, often working in some pretty unsafe places around the world. The last thing they should be worrying about is whether they’re unsafe within their ranks, and they certainly shouldn’t have to fear retaliation if they report a sexual assault. This bill is what happens when a bipartisan group of senators come together to get something done. I’m thankful that Senator Gillibrand and Senator Ernst have led the charge, and I’m glad to join my colleagues in support of this bill that will help improve the way the military handles sexual assaults so survivors can get the justice they deserve.” The bill was introduced in 2019, but did not receive a vote.  Specifically, the legislation would:  Move the decision on whether to prosecute serious crimes to independent, trained, and professional military prosecutors, while leaving misdemeanors and uniquely military crimes within the chain of command.  Ensure the Department of Defense supports criminal investigators and military prosecutors through the development of unique skills needed to properly handle investigations and cases related to sexual assault and domestic violence.  Require the Secretary of Defense to survey and improve the physical security of military installations– including locks, security cameras, and other passive security measures – to increase safety in lodging and living spaces for service members.  Increase, and improve training and education on military sexual assault throughout our armed services. Kirsten Gillibrand stated on Twitter, “Here’s a bipartisan mission we can all support: Survivors of military sexual assault deserve justice. I’m proud to have @JoniErnst join me this week to introduce our new, improved bill to reform the military justice system and invest in prevention.” Here’s a bipartisan mission we can all support: Survivors of military sexual assault deserve justice. I’m proud to have @joniernst join me this week to introduce our new, improved bill to reform the military justice system and invest in prevention. https://t.co/pYYUL6IRyA — Kirsten Gillibrand (@SenGillibrand) April 27, 2021 The legislation is cosponsored by U.S. Senators Kirsten Gillibrand (D-NY), Chuck Grassley (R-IA), Joni Ernst (R-IA), Richard Blumenthal (D-CT), Ted Cruz (R-TX), Jeanne Shaheen (D-NH), Tammy Baldwin (D-WI), Chris Van Hollen (D-MD), Angus King (I-ME), Michael Braun (R-IN), Dick Durbin (D-IL), Tammy Duckworth (D-IL), Michael Bennet (D-CO), Rand Paul (R-KY), Chris Coons (D-DE), Mark Kelly (D-AZ), Sherrod Brown (D-OH), Bob Casey Jr. (D-PA), Maggie Hassan (D-NH), Mazie K. Hirono (D-HI), Amy Klobuchar (D-MN), Patrick Leahy (D-VT),Elizabeth Warren (D-MA), Ron Wyden (D-OR), Cynthia Lummis (R-WY), Dianne Feinstein (D-CA), Catherine Cortez Masto (D-NV), Raphael Warnock (D-GA), Alex Padilla (D-CA), Shelley Moore Capito (R-WV), Gary C. Peters (D-MI), Tim Kaine (D-VA), Tina Smith (D-MN), Bob Menendez (D-NJ), and Martin Heinrich (D-NM).

Senate OKs bill to fight hate crimes against Asian Americans

The Senate on Thursday overwhelmingly passed a bill that would help combat the rise of hate crimes against Asian Americans and Pacific Islanders, a bipartisan denunciation of such violence during the coronavirus pandemic, and a modest step toward legislating in a chamber where most of President Joe Biden’s agenda has stalled. The measure would expedite the review of hate crimes at the Justice Department and provide support for local law enforcement in response to thousands of reported violent incidents in the past year. Police have seen a noted uptick in such crimes, including the February death of an 84-year-old man who was pushed to the ground near his home in San Francisco, a young family that was injured in a Texas grocery store attack last year, and the killing of six Asian women in shootings last month in Atlanta. The names of the six women killed in Georgia are listed in the bill, which passed the Senate on a 94-1 vote. Biden applauded the measure, tweeting, “Acts of hate against Asian Americans are wrong, un-American, and must stop.” The House is expected to consider similar legislation in the coming weeks. Democratic Sen. Mazie Hirono of Hawaii, the legislation’s lead sponsor, said the measure is incredibly important to Asian Americans and Pacific Islanders, “who have often felt very invisible in our country, always seen as foreign, always seen as the other.” She said the message of the legislation is as important as its content and substance. Hirono, the first Asian American woman elected to the Senate, said the attacks are “a predictable and foreseeable consequence” of racist and inflammatory language that has been used against Asians during the pandemic, including slurs used by former President Donald Trump. Illinois. Sen. Tammy Duckworth, a former Army helicopter pilot who lost her legs during a 2004 attack in Iraq, said she had been asked what country she was from while wearing her U.S. military uniform. Duckworth, the first member of Congress born in Thailand, said there is more work to be done, but the bill’s passage tells the community that “we will stand with you and we will protect you.” It’s unclear whether the bipartisan bill is a sign of things to come in the Senate, where Republicans and Democrats have fundamental differences and often struggle to work together. Under an agreement struck by Senate leaders at the start of the year, Republicans and Democrats pledged to at least try to debate bills and see if they could reach an agreement through the legislative process. The hate crimes legislation is the first byproduct of that agreement. Some said it doesn’t need to be the last. Hirono said it is her “sincere hope that we can channel and sustain the bipartisan work done on this important piece of legislation” to a larger bill that would change policing laws, which Senate Republicans are negotiating with House Democrats. South Dakota Sen. John Thune, the No. 2 Republican, said ahead of the vote that he hopes the bipartisan example of the hate crimes bill will extend to an infrastructure package that has so far divided the parties. Senate Majority Leader Chuck Schumer, D-N.Y., said the legislation shows that the chamber can work in a bipartisan fashion, and he aims to make that happen as much as possible. “That doesn’t mean we forgo our principles. It doesn’t mean we cut back on the boldness that is needed,” he said. “It means we try to work with our Republican colleagues wherever we can.” But unlike many of the larger, more controversial policy issues Democrats hope to tackle in their new majority, efforts to combat the rising violence against Asian Americans and Pacific Islanders have almost universal backing. More than 3,000 incidents have been reported to Stop AAPI Hate, a California-based reporting center for such crimes, and its partner advocacy groups since mid-March 2020. Republicans said last week that they agreed with the premise of the legislation and signaled they were willing to back it with minor changes, an unusual sign of comity amid frequent standstills in the polarized Senate. Hirono worked closely with Sen. Susan Collins, R-Maine, to incorporate some additional Republican and bipartisan provisions, including better reporting of hate crimes nationally and grant money for states to set up hate crime hotlines. The revised bill would also replace language in the original legislation that called for “guidance describing best practices to mitigate racially discriminatory language in describing the COVID–19 pandemic.” The legislation would instead require the government to issue guidance aimed at “raising awareness of hate crimes during the pandemic” to address some GOP concerns about policing speech. Republicans agreed to back the compromise bill after the Senate also voted on and rejected a series of GOP amendments, including efforts to prevent discrimination against Asian Americans in college admissions and reporting about restrictions on religious exercise during the pandemic. Only one Republican, Missouri Sen. Josh Hawley, voted against the bill. In a statement, Hawley said he believed the legislation was too broad, and “my view is it’s dangerous to simply give the federal government open-ended authority to define a whole new class of federal hate crime incidents.” Rep. Grace Meng, D-N.Y., introduced a similar bill in the House, which she says is expected to be considered in May. “For more than a year, Asian Americans all across our nation have been screaming out for help,” Meng said, and the Senate showed that “they heard our pleas.” Republished with the permission of the Associated Press.

GOP-led Senate panel advances Barrett as Democrats boycott

 Senate Judiciary Committee Republicans powered past a Democratic boycott Thursday to advance Amy Coney Barrett’s Supreme Court nomination to the full Senate, keeping President Donald Trump’s pick on track for confirmation before the Nov. 3 election. Democratic senators refused to show up in protest of the GOP’s rush to install Trump’s nominee to replace the late Justice Ruth Bader Ginsburg. Never has the Senate confirmed a Supreme Court nominee so close to a presidential election. All 12 Republicans on the committee voted in favor of Barrett, a conservative judge. No-show Democrats left behind posters at their desks of Americans they say have benefited from the Affordable Care Act, now being challenged at the high court. Senators plan to convene a rare weekend session before a final confirmation vote expected Monday. “Big day for America,” Trump tweeted after the committee vote. Barrett, 48, would lock a 6-3 conservative court majority for the foreseeable future. That could open a new era of rulings on abortion access, gay marriage and even the results of this year’s presidential election. Republicans have bristled at Democrats’ claim that the Obama-era health law, known as “Obamacare,” is in jeopardy if Barrett joins the court. But Trump told CBS’ “60 Minutes” that “it will be so good” if the court puts an end to the law. The court is set to hear a Trump-backed case against the health overhaul on Nov. 10. “I think it’ll end. I hope that they’ll end it,” Trump said in comments released Thursday by the White House before the interview airs Sunday. As the Senate committee met, protesters, some shouting “Stop the confirmation!” demonstrated outside the Capitol across the street from the Supreme Court. Some dressed as handmaids, a reference to Barrett’s role in a conservative religious group that once called high-ranking women members “handmaids.” Other demonstrators had “#SupportAmy” signs. The protesters drowned out Democratic senators who had called a news conference to decry what they called a “sham” confirmation process. Senate Democratic leader Chuck Schumer of New York said the Senate’s Republican majority “is conducting the most rushed, most partisan and the least legitimate nomination to the Supreme Court in our nation’s history.” “Democrats will not lend a single ounce of legitimacy to this sham vote,” he said. Unable to stop the confirmation, Democrats have been trying unsuccessfully to stall the process so the winner of the White House race could name the new nominee. With Republicans holding a 53-47 majority in the Senate, Trump’s pick for the court is almost certain to be confirmed. All Democrats are expected to oppose Barrett’s confirmation. “This is a groundbreaking, historic moment,” said Sen. Lindsey Graham, R-S.C., the committee chairman. “We did it.” Barrett, an appellate court judge from Indiana, appeared for three days before the committee last week, batting back Democrats’ questions. She was asked about her approach to legal questions surrounding abortion access, gay marriage and the nation’s tradition of a peaceful transfer of presidential power. Trump has said he wants a judge seated in time to hear any potential disputes arising from the upcoming election. Barrett declined to say whether she would withdraw from participating in such cases. Sen. Ted Cruz, R-Texas, said the court fight will be perhaps the “single most important accomplishment” of Trump’s presidency. Republican senators ridiculed the Democratic boycott as election-year antics. “Rather than show up and do their job, they continue the theater,” said Sen. John Cornyn, R-Texas, pointing out the posters at the Democrats’ desks. Sen. Mike Lee, R-Utah, called the boycott “a walkout on the American people.” But Democrats on the committee insisted the Republicans were rushing the nomination to tip the court even further to the right. Sen. Mazie Hirono, D-Hawaii, called Barrett a “clear and present danger” to the values Ginsburg fought for on the court. “I stand here for Justice Ginsburg,” said Sen. Amy Klobuchar, D-Minn., urging Americans to vote their protests at the ballot box. Many judicial nominees decline to discuss their views on various issues, saying they will consider the cases as they come. Barrett took a similar approach, drawing deep skepticism from Democrats because she had previously spoken out against abortion and past rulings on the health law. Barrett released dozens of answers this week to additional questions senators had posed, but her responses were similar as she declined to weigh in on whether the landmark Roe v. Wade abortion ruling is a “super precedent” of the court or whether the president could unilaterally change the date set in law for the election. Senate Majority Leader Mitch McConnell, R-Ky., has defended Barrett as “exceptionally qualified” as well as his own decision to push her nomination forward. He had refused to consider President Barack Obama’s nominee in February 2016, saying it was too close to a presidential election that year; Obama was in his second and final term. Republicans have focused on Barrett’s Catholic faith, calling her a role model for conservative and religious women. Republicans also warn that Democrats will “pack the court” by adding more justices if they win the White House and the Senate, although key Democrats have not said that would be a priority. Joe Biden said last week he’s “not a fan” of adding justices to balance the court ideologically. But during his own interview with “60 Minutes,” an excerpt of which CBS released Friday, Biden said he won’t rule out studying the addition of members as part of a commission he plans to name to look at court changes if he’s elected. Republished with the permission of the Associated Press.

Brett Kavanaugh faces final round of questioning without missteps

Brett Kavanaugh

Senators will launch a final round of questioning of Brett Kavanaugh on Thursday, but after a marathon 12-hour session, President Donald Trump’s nominee to the Supreme Court appears to have avoided any major missteps that could trip his confirmation. So far, Kavanaugh does not seem to have changed minds on the Judiciary Committee, which is split along partisan lines. The judge left unanswered questions over how he would handle investigations of the executive branch and whether he would recuse himself if cases involving Trump under special counsel Robert Mueller’s probe end up at the court. His credibility may face new tests by senators who are seeking to make public some emails and documents from his Bush White House years that are being withheld by the committee as confidential. Trump says he’s pleased with his nominee’s televised performance, and Republicans are united behind him, eager to add a conservative judge to the court. The questioning of Kavanaugh has carried strong political overtones ahead of the November congressional elections. Democrats lack the votes to block confirmation, but have been pressing Kavanaugh for his views on abortion rights, gun control and other issues. Protesters have added to the challenges for Kavanaugh, repeatedly interrupting proceedings. “You’re more than halfway done,” Sen. Thom Tillis, R-N.C., told Kavanaugh as he gaveled the hearing closed late Wednesday. Pressured by Democrats with Trump on their minds during Wednesday’s grueling session, the judge insisted that he fully embraced the importance of judicial independence. But he refused to provide direct answers to Democrats who wanted him to say whether there are limits on a president’s power to issue pardons, including to himself or in exchange for a bribe. He also would not say whether he believes the president can be subpoenaed to testify. Still, he began his long day in the witness chair by declaring that “no one is above the law.” When Sen. Jeff Flake, R-Ariz., asked what constraints exist on executive power, the judge cited existing laws but also norms. “Norms are important. Historical practice is relevant to judicial decision-making,” he said. Democrats are concerned that Kavanaugh will push the court to the right and that he will side with Trump in cases stemming from Mueller’s investigation of Russian interference in the 2016 election and possible ties to the Trump campaign. The 53-year-old appellate judge answered cautiously when asked about most of those matters, refusing an invitation from Democratic Sen. Richard Blumenthal of Connecticut to pledge to step aside from any Supreme Court cases dealing with Trump and Mueller’s investigation. Under questioning by Republicans, Kavanaugh stressed the importance of judicial independence, “not being swayed by political or public pressure.” On abortion, Kavanaugh said the landmark 1973 Roe v. Wade decision that ensures access to abortion has been affirmed “many times.” He defended his dissenting opinion last year in the case of a pregnant immigrant teen in federal custody. Kavanaugh would have denied her immediate access to an abortion, even after she received permission from a Texas judge. Sen. Orrin Hatch, R-Utah, praised Kavanaugh for hiring female lawyers as clerks as a judge on the District of Columbia Court of Appeals, and then posed questions about whether Kavanaugh was aware of sexual harassment allegations against retired circuit court Judge Alex Kozinski in California. Kavanaugh, who considered the judge a friend and mentor, said he had known nothing about the allegations until they were disclosed last year. “It was a gut punch for me,” he said, and he was “shocked, disappointed, angry.” Kavanaugh also told Sen. Mazie Hirono, D-Hawaii, he was unaware of the domestic violence allegations against Rob Porter, who was Trump’s staff secretary. Journalist Bob Woodward’s new book about Trump says Kavanaugh recommended Porter for the job. Kavanaugh had served as staff secretary to George W. Bush and his work in the White House has figured in the hearing. Democratic senators have fought for access to documents from his three years as staff secretary, saying those could shed light on his views about policies from that era, including the detention and interrogation of terror suspects. Republicans have declined to seek the papers, and instead have gathered documents from his work as White House counsel to Bush. When questioned about the honesty of his 2006 testimony during his nomination for the appellate court when he said he was not involved in some Bush-era policies, Kavanaugh said he was “100 percent accurate.” Late Wednesday, Sen. Cory Booker, D-N.J., drew a rare partnership with Sen. Mike Lee, R-Utah, to release of some of the Bush-era documents. Lee complained that Booker was relying on an unreleased email to question Kavanaugh’s openness to racial profiling by police, but then agreed to work for its release. Republicans hope to confirm Kavanaugh in time for the first day of the new Supreme Court term, Oct. 1. Republished with the permission of the Associated Press.