[Congressional Record (Bound Edition), Volume 160 (2014), Part 4]
[House]
[Pages 4851-4852]
[From the U.S. Government Publishing Office, www.gpo.gov]




                       REFORM THE MILITARY SYSTEM

  The SPEAKER pro tempore. The Chair recognizes the gentlewoman from 
California (Ms. Speier) for 5 minutes.
  Ms. SPEIER. Madam Speaker, last week, as the world watched in 
disbelief, the trial of Brigadier General Sinclair concluded much as it 
began, flawed and unjust.
  Even with the world watching, the military once again demonstrated 
its outright incompetence at administering justice.
  Brigadier General Sinclair walked out of the court a free man, even 
though he had pled guilty to these charges:
  He pled guilty to an inappropriate relationship with his accuser; an 
inappropriate relationship with another female Army captain; an 
inappropriate relationship with a female Army major; possessing and 
displaying pornographic images and videos on his computer in 
Afghanistan.
  He pled guilty to using a government-issued travel card for personal 
purposes for a trip to Tucson, Arizona, and a trip to Fort Hood, Texas, 
to see his mistress.
  He pled guilty to attempting to start an inappropriate relationship 
with a female Army lieutenant; sexually explicit communications with a 
female Army major, requesting and receiving nude photos and a sexually 
explicit video of her.
  He pled guilty to vulgar language to describe female staff officers; 
impeding an investigation; and adultery with his accuser.
  Again, these aren't the charges the judge found Sinclair innocent of, 
but all of the charges Sinclair pled guilty to.
  His punishment? No demotion in rank, no forced retirement, no jail 
time.
  Instead, a small fine that he will pay with his generous taxpayer-
funded pension and a potent message to those that are thinking of 
coming forward: you will be dragged through the mud, and you will be 
punished, not the perpetrator.
  A civilian would have been fired. The misuse of government funds and 
the gross misconduct by General Sinclair, who pled guilty to all of 
those charges, should have been more than enough to fire him.
  I would like to say that I was shocked by this unconscionable 
decision, but after working on this issue for 3 years, I have learned 
that this pattern is the rule, not the exception.
  Whether the Army intended it or not, this was a high-profile test 
case for whether the military can hold its highest officers accountable 
for committing serious offenses. It failed.
  The military seems to be determined to make our point for us. The 
current military system of justice is incapable of meting out justice 
in an impartial and effective way.
  When Sinclair was challenged by his staff for his conduct and remarks 
towards women, the general replied:

       I'm the general. I'll say whatever [expletive deleted] I 
     want.

  You know, he is right. In the military, misogynous attitudes and 
conduct, even violent crimes against

[[Page 4852]]

women, are condoned and, at times, even celebrated.
  In 2010, a skit was performed for General Sinclair's benefit, where a 
soldier wore a wig and dressed as a female officer and offered to 
perform oral sex for the general. This skit was performed in front of 
the general's wife and more than 500 people; yet this gross performance 
of General Sinclair's sexual misconduct was no cause for concern at the 
time.
  Until these cases are taken out of the chain of command, the reality 
and perception will continue to be that the military justice system is 
tainted under command influence and is inherently unjust.
  The American people look at how this case was handled and see that a 
commanding officer without legal expertise and a built-in conflict of 
interest is not competent to prosecute serious crimes.
  It should now be clear to everyone in Congress that the military is 
incapable of holding perpetrators accountable. It is our duty to reform 
the system which we created in the first place, not the commanders 
whose legal training and built-in conflicts of interest have proven to 
be so effective.
  This case is an embarrassment to the military; and, frankly, it is an 
embarrassment to Congress. When will we be willing to say ``enough'' 
and do our duty to protect our servicemembers from predators like 
General Sinclair?

                          ____________________