{"id":23180,"date":"2019-08-11T14:59:22","date_gmt":"2019-08-11T14:59:22","guid":{"rendered":"https:\/\/one.sightlinemg.com\/armytimes\/uncategorized\/2019\/08\/11\/op-ed-different-spanks-for-different-ranks\/"},"modified":"2026-08-08T19:15:20","modified_gmt":"2026-08-08T19:15:20","slug":"op-ed-different-spanks-for-different-ranks","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/armytimes\/opinion\/commentary\/2019\/08\/11\/op-ed-different-spanks-for-different-ranks\/","title":{"rendered":"Op-ed: Different spanks for different ranks?"},"content":{"rendered":"\n

Plagued by sexual assault allegations, the nomination of Air Force Gen. John E. Hyten<\/a> presents serious questions about Congressional oversight in the \u201cMe Too\u201d era and the ongoing politicization of the military\u2019s criminal justice system.<\/p>\n\n\n\n

President Donald J. Trump picked Hyten to be the vice chairman of the Joint Chiefs of Staff \u2014 the second highest-ranking officer in the entire U.S. military \u2014 but Congress has plenary oversight <\/a>of the armed forces under Article I, Section 8, Clause 14 of the Constitution.<\/p>\n\n\n\n

In that role, and with a bipartisan vote, the Senate Armed Services Committee approved Hyten\u2019s nomination \u2014 despite allegations he sexually assaulted Army Col. Kathryn Spletstoser<\/a> during work trips the two took in 2017.<\/p>\n\n\n\n

Even Sen. Martha McSally, R-Ariz. \u2014 a reported victim of sexual assault<\/a> at the hands of one of her<\/i> former superior commanders \u2014 supports Hyten, opining that he has been \u201cfalsely accused\u201d and that the allegations against him \u201care not credible.\u201d<\/p>\n\n\n\n

How would she know? Was she there? McSally\u2019s remarks are chilling and undermine the military\u2019s attempts to take seriously sexual assault allegations in the ranks.<\/p>\n\n\n\n

Hyten, of course, has a presumption of innocence. But that does not mean he should be nominated, let alone confirmed, as the second highest-ranking officer in the armed forces without further investigation and, if necessary, action by the military\u2019s criminal justice system.<\/p>\n\n\n\n

When asked by the Committee what he would do to help prevent sexual assaults, Hyten wrote \u201c[W]e must empower our commanders and hold them accountable for the command climate in their units. Additionally, we must ensure every service member, from new recruits to our most senior officers, adheres to a culture of professionalism and respect, which starts with leadership.\u201d<\/p>\n\n\n\n

Given the cloud now over his head, exactly how is Hyten supposed to do this? Does his nomination really send the message to all service members that those who should be fully investigated or held accountable will instead be promoted?<\/p>\n\n\n\n

His nomination also raises the notion of \u201cdifferent spanks for different ranks\u201d to a whole new level.<\/p>\n\n\n\n

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Sen. Kirsten Gillibrand visits New York Air National Guard troops in 2012. (Army)<\/figcaption><\/figure>\n\n\n\n

But Hyten\u2019s ascension isn\u2019t the only danger to military justice emanating from Washington, D.C.<\/p>\n\n\n\n

Take, for example, Sen. Kirsten Gillibrand<\/a>\u2019s jihad on military justice. The Democrat from New York repeatedly has weighed in on specific cases being investigated or tried inside the armed forces, efforts that could lead to defendants being wrongfully charged or convicted.<\/p>\n\n\n\n

President Trump\u2019s recent move to rescind medals awarded to attorneys<\/a> on a prosecution team that completely bungled the court-martial of a Navy SEAL in California also continues the politicization of our military justice system.<\/p>\n\n\n\n

The cancer of partisan politics \u2014 coupled with limp oversight of our most powerful flag officers \u2014 presents a clear and present danger to all soldiers, sailors, Marines and airmen who raised their hands to defend and support the Constitution of the United States.<\/p>\n\n\n\n

The solutions to these problems won\u2019t be easy or quick. It will take leadership and consistency. But first we must take all allegations of sexual assault and misconduct within our armed forces seriously.<\/p>\n\n\n\n

Long before guards found accused sex trafficker Jeffery Epstein dead in his cell from an apparent suicide, critics complained he got a pass from prosecutors<\/a> because he was connected to all sorts of powerful politicians.<\/p>\n\n\n\n

Here, lawmakers are faced with a nominee for very high office who is dogged by credible allegations of sexual assault against him. Instead of urging service leaders to pursue the court-martial process to explore these accusations, these senators have sought to promote him.<\/p>\n\n\n\n

It\u2019s like watching a red star cluster<\/a> burn above the battlefield \u2014 a clear signal that danger is near, help required \u2014 and doing nothing.<\/p>\n\n\n\n

Our service members deserve better. They deserve better leaders, both civilian and in uniform, and they especially deserve leaders who don\u2019t serve under an omnipresent cloud of suspicion.<\/p>\n\n\n\n

Most importantly, our military deserves a judicial system that promotes equality and justice for all, without a silent and corrosive maxim guiding its operations \u2014 \u201cdifferent spanks for different ranks.”<\/p>\n\n\n\t