Overnight Defense: Pentagon panel recommends major change in prosecuting military sexual assault | Reinforcements provide cover for Afghanistan withdrawal | Biden pick would be Pentagon’s highest-ranking openly trans official

Happy Friday and welcome to Overnight Defense. I’m Rebecca Kheel, and here’s your nightly guide to the latest developments at the Pentagon, on Capitol Hill and beyond. CLICK HERE to subscribe to the newsletter.

THE TOPLINE: A Pentagon panel on combating sexual assault is recommending a change that has been long sought by advocates but resisted by the military: taking decisions to prosecute service members for sexual assault outside the chain of command.

The Associated Press on Friday first reported the recommendation — made by a civilian-led commission created by Defense Secretary Lloyd Austin in February — which would mark a major reversal of military policy.

The commission advised the designation of independent judge advocates — who would report to a civilian-led office of the Chief Special Victim Prosecutor — to decide whether to charge someone and if that charge should go to a court martial in certain cases of special victims crimes including sexual assault, sexual harassment and, possibly, certain hate crimes, according to the AP.

What the Pentagon said: Press secretary John Kirby confirmed to reporters later on Friday that Austin had received some initial recommendations from the independent review commission, but would not get into specifics, saying only that some recommendations involved “the accountability line of effort.”

Context: The Defense Department for decades has fiercely argued to keep sexual assault and harassment cases within the chain of command, claiming it would create a breakdown in unit cohesion if the decision were taken out of their hands.

But the Biden administration has made clear it intends to address the pervasive issue of sexual assault and harassment in the military, with Austin himself stating that tackling the problem is one of his top priorities on the job.

Congress has also vehemently pushed for the change with efforts led by Sen. Kirsten Gillibrand (D-N.Y.), who for years has tried to attach an amendment to the National Defense Authorization Act that would take away from military commanders the decision to prosecute sexual assault and other serious crimes, and give that authority to independent military prosecutors.

What’s next: Austin is expected to gather input from the service leaders and his own policy experts before making a final decision, Kirby said.

Kirby stressed that the panel was only giving its “initial recommendations” as its efforts are part of a 90-day process and “we’re only 30 days into it.”

“We’ve got a long way to go between now and when they complete their work,” he said, adding that Austin “wants to keep an open mind about it.”

The officials told the AP they expect Austin to give service leaders roughly a month to review the recommendations and come back to him with their opinions. 

 

REINFORCEMENTS SENT TO AFGHANISTAN DURING WITHDRAWAL

The Pentagon confirmed Friday that it’s sending in some more assets to the Middle East to help keep troops withdrawing from Afghanistan safe.

Specifically, Austin approved extending the deployment of the USS Dwight D. Eisenhower aircraft carrier, which is already in the region.

Austin also approved sending some B-52 bombers to Afghanistan, two of which are already in the region, Kirby told reporters.

“It would be foolhardy and imprudent not to assume that there could be resistance and opposition to the drawdown by the Taliban given their staunch rhetoric,” Kirby said.

Taliban threats: Kirby was alluding to threats from the Taliban to attack U.S. and international forces that aren’t out of Afghanistan by May 1.

That’s the deadline to withdraw that was in the Trump administration’s agreement with the Taliban. Taliban attacks on U.S. and coalition forces have largely stopped since the agreement was signed, but the insurgents have said they will resume attacks after May 1.

Biden’s withdrawal is starting May 1, but, as we know, his deadline to complete it is Sept. 11.

Equipment moving out: While troops haven’t started leaving, equipment is reportedly already on the way out.

Citing unnamed defense officials, CNN reported that unneeded supplies and equipment are starting to be shipped out and that “obsolete” equipment will be destroyed.

Kirby told reporters that Gen. Scott Miller, commander of U.S. and NATO troops in Afghanistan, and Gen. Frank McKenzie, commander of U.S. Central Command, are still working out some details on the withdrawal plan and will present it to Austin in “the coming days.”

“So I’m not going to get ahead of that,” Kirby said. “As part of that plan, clearly, there’s going to be measures that have to be taken for the retrograde of equipment and systems, rolling stock, as we call it. Some of that will be brought back – shipped, cleaned, inspected – and brought back to the United States. Some of it will be inspected, cleaned and deployed elsewhere in the region. Some of it will be provided to our Afghan partners, if it makes sense, and some of it will be destroyed.”

 

NOTABLE NOMINATIONS

President Biden will nominate a transgender retired Navy commander to oversee readiness at the Pentagon, the White House said Friday.

If confirmed as assistant secretary of Defense for readiness, Shawn Skelly would be the highest-ranking openly transgender defense official ever.

Skelly, a former Navy aviator, most recently served on Biden’s Pentagon transition team. She is also the co-founder and vice president of Out in National Security, which advocates for increased representation of LGBT people in the national security workforce.

And another advocate nominated: The White House also announced Friday that Biden would nominate another leading advocate for LGBT rights in the military, Brenda “Sue” Fulton, to be the assistant secretary of Defense for manpower and reserve affairs.

Fulton is a former Army officer who was in the first U.S. Military Academy at West Point class to admit women. She was the first openly gay member of the academy’s Board of Visitors when then-President Obama appointed her in 2011.

Yet more nominations: The White House also announced two other Pentagon nominations Friday: Deborah Rosenblum to be assistant secretary for nuclear, chemical and biological defense, and Christopher Maier to be assistant secretary for special operations and low intensity conflict.

Maier currently serves in that role in an acting capacity. Rosenblum is currently the executive vice president of the Nuclear Threat Initiative, which advocates for reducing the risks posed by nuclear, chemical and biological weapons.

 

ON TAP FOR TOMORROW

Defense Secretary Lloyd Austin will give a virtual keynote address to a Florida A&M University commencement ceremony at at 6:30 p.m. A livestream will be available at https://bit.ly/3vgPyr2.

 

ICYMI

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— Washington Post: U.S. plan to withdraw from Afghanistan prompts fears that U.S. hostage held by Taliban will be left behind

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