The impetus for the change is the argument that the military has a serious problem with sexual assault and the best way to solve that problem is to make this drastic and uncalled for change. We believe that removing the commander from decisions regarding court-martial charges is drastic and statistically unsubstantiated.
Congress has repeatedly rejected proposals to remove commanders from the process because it recognizes that commanders must have a stake in the enforcement of good order and discipline. Currently, military lawyers advise commanders on courses of action, after reviewing available witness statements, forensic evidence and the likelihood of success at trial. Commanders, not lawyers, make the final decision because signaling to a unit that the commander, not lawyers, are in charge is critical during periods of training as well as combat.