[Congressional Record Volume 159, Number 80 (Friday, June 7, 2013)]
[Senate]
[Page S4020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXECUTIVE CALENDAR OBJECTION
Mrs. McCASKILL. Madam President, I rise to express my intent
to sustain my objection to the nomination of Lt. Gen. Susan Helms to be
deputy commander of U.S. Space Command, Calendar No. 70. I have met
with Lieutenant General Helms and discussed my objection with leaders
in the Air Force and my colleagues here in the Senate.
Lieutenant General Helms has a record of more than 30 years of
distinguished military service, in which she became the first American
military woman in space, among other significant achievements. Her
career is to be celebrated. However, I continue to have deep concerns
with Lieutenant General Helms' decision, while a commander and courts-
martial convening authority, to overturn the jury verdict of a military
court-martial in which the jury found an Air Force officer guilty of
sexual assault. She made this decision against the advice of her staff
judge advocate.
With her action, Lieutenant General Helms sent a damaging message to
survivors of sexual assault who are seeking justice in the military
justice system: They can take the difficult and painful step of
reporting the crime, they can endure the agony involved in being
subjected to intense questioning often aimed at putting the blame on
them, and they can experience a momentary sense of justice in knowing
that they were believed when their attacker is convicted and sentenced,
only to have that justice ripped away with the stroke of a pen by an
individual who was never in the courtroom for the trial and who never
heard the testimony. In overturning the conviction in this case,
Lieutenant General Helms supplanted her opinion for that of a jury, the
appropriate adjudicators of fact who observe an entire court-martial
proceeding. And she did not take the advice of her staff judge
advocate, who recommended she affirm the conviction in this case. At a
time when the military is facing a crisis of sexual assault, making a
decision that sends a message which dissuades reporting of sexual
assaults, supplants the finding of a jury, contradicts the advice of
counsel, and further victimizes a survivor of sexual assault is
unacceptable.
Given these circumstances, I will continue to object to any unanimous
consent request to approve Lieutenant General Helms' nomination. I will
continue to give great scrutiny to any future nomination of any member
of the armed services who has, while serving in his or her capacity as
a convening authority of a military court-martial, overturned a jury
conviction against the advice of legal counsel.
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