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Defying Subpoena, DoD Orders Sexual Assault Program Chief Not To Testify Before Congress

The Pentagon defied a Congressional subpoena yesterday by refusing to let the head of its sexual assault program testify at an oversight hearing about sexual assault in the military.

The House panel had issued a subpoena for Dr. Kaye Whitley, the director of the Defense Department's Sexual Assault Prevention and Response Office.

But Pentagon officials ordered her not to testify and instead sent her supervisor, Michael Dominguez, a principal deputy undersecretary for defense, in her place.

Whitley's absence came on the same day a federal judge rejected the White House's claim to blanket immunity from Congressional oversight in an unrelated case.

Dominguez told the committee the Pentagon was not citing executive privileged but had simply instructed Whitley not to show up.

A Pentagon spokeswoman, Cynthia O. Smith, provided a statement today in response to questions about Whitley's defiance of the subpoena.

It is inappropriate to question Dr. Whitley about the program when Mr. Dominguez, the decision maker responsible for the program and for the program's results, is available to answer those questions.

Mr. Dominguez has full accountability and responsibility for the Sexual Assault Prevention Office and he has the full authority to discuss and answer all questions regarding the SAPRO and the Department's sexual assault policies. Dr. Whitley is responsible for implementing the policy....

Dr. Whitley has been on the Hill numerous times discussing the DoD's sexual assault program and she will continue to do so.

Lawmakers interpreted the move as an affront to Congressional authority and said they had specifically sought Whitley based on her knowledge of how the military's sexual assault programs actually work in practice.

Rep. Henry Waxman (D-CA) said to Dominguez at the hearing:

"What is, what it is you're trying to hide? She's the one in charge, let me speak, she's the one in charge of dealing with this problem. We wanted to hear from her. And despite a subpoena from a committee of Congress, you've been instructed by the secretary, undersecretary or deputy secretary in charge of legislative affairs not to allow her to come? ... I don't know who you think elected you to defy the Congress of the United States. We're an independent branch of government. ... this is an unacceptable, absolutely unacceptable position for the department to take and, uh, we are not going to let it stand."

Rep. John Tierney (D-MA) tersely dismissed Dominguez without asking him any questions about sexual assault.
"Well let me tell you something Mr. Dominguez, we decide who we want to have for witnesses at this hearing, we decide who, uh, the people that are going to give us factual testimony, the ones that we want to hear from when we are investigating or having a hearing. So for now Mr. Dominguez, you're dismissed."
Here is a clip of the entire nine-minute exchange between Dominguez and the lawmakers.

In June, the House panel asked Whitley to testify. When the Pentagon resisted, the committee issued a subpoena on Monday compelling her to attend the hearing yesterday, according to a statement today from Tierney, the chair of the oversight committee's National Security and Foreign Affairs subcommittee.

The hearing on sexual assault in the military came the same day as a
GAO report that found sexual assault in the military is probably underreported by half.

Some victims in the military do not report sexual assault because they fear "that nothing will be done; fear of ostracism, harassment, or ridicule; and concern that peers would gossip," according to the report.

Whitley's office is essentially a policy office and the bulk of the military sexual assault support programs are run by individual commanders. The Pentagon has resisted efforts to create an Office of the Victims' Advocate, which would oversee those efforts more independently.

An advocate for military victims of sexual assault tells TPMmuckraker that Whitley's office is under-resourced and reflects the Pentagon's lack of attention to sexual assault.

"We are concerned that it does not have all the tools and personnel it needs to go forward. And we're increasingly concerned that it is becoming politicized," said Anita Sanchez, communications director for the Miles Foundation.

Tierney said the committee is considering "ALL our options here in the face of this blatant disregard of a validly-issued subpoena," including seeking a contempt of Congress charge for Whitley, Dominguez or others.



36 Comments

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The act of defying Congress is spreading.

Tierney said the committee is considering "ALL our options here

You mean yet another sternly worded letter? Or another contempt citation that the justice department will ignore?

There's really only one solution to this. Let us pray that Democrats having been fooling us all along and are really playing for the October Surprise impeachment proceedings.

Please excuse me if I remain more than a bit skeptical.

Actually, the House committee did the right thing. The court recently ruled that the exec branch HAD to appear when subpoenaed This situation will wind its way through the process and a formal charge will then be lodged against the administration. Your evaluation of the Congressman makes no sense to me. I think in the end, all this will work towards defeating loads of Repubs and that will be a great thing. Criminal charges await those who obstructed justice that way. We MUST get a bigger margin of Democrats in the House and Senate both. That way, they have enough votes to haul these guys in a force them to talk or to have them arrested.

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Ummm... I think that this is proof that if Congress does not uphold its prerogative to subpoena and compel witnesses to testify, then it will lose that power.

That said, Michael Dominguez should be held in Contempt of Congress.

Congress really does have to let the Sergeant At Arms loose and let him round up the miscreants who are defying the Will of Congress.

This makes me more furious than even the crap with Miers, Bolton, and Rove. This is JUST OBSCENE.

And Whitley is more culpable than Dominguez. She's the one who didn't show up.

Tell me--isn't this the perfect situation in which to FINALLY ARREST THE MISCREANTS AND IMPRISON THEM IN THE CAPITOL BUILDING???

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From the 2009 unabridged dictionary:

Congress; Noun A former branch of the United States government. The branch was disbanded after the members refused to take any responsibility.

Poor Waxman. Keeps going up to bat for a big homerun, but gets walked by the pitcher instead. I want someone to put a video together of his statements from all of these hearings to memorialize the fall of Congress.

So lets ask McCain, who is an expert on everything and is a Senator what he thinks. Excuse me "thinks" was not the proper verb, but you get what I mean.

Is this a trend? It appears they've run out of options, and must rely on non-sense.

Testing,

Please stop attempting to move our debates into the general tpm forum's. It is clear that you will not answer questions asked of you and attempt to push misdirection. Whether you do that for your own personal gains or for the benefit of the current administration, it is unclear.

All,

Please do not feed the Troll known as testing. He is a conspiracy prone troll that jumps onto the normal boards to place references to his blog of fictional allegations. If you attempt to ask for information, the person stonewalls or attacks you.

We shouldn't be confused why the Pentagon refuses to let people respond to subpoenas. They've run out of options:

The Pentagon defied a Congressional subpoena yesterday by refusing to let the head of its sexual assault program testify at an oversight hearing about sexual assault in the military.

But, as with spamming on TPM, the Pentagon officials apparently think nobody is going to do anything about it.

Your profile shows the comments. You're the one who decided to post in this thread. The comment policy:

"If you have any question about what is and what's not acceptable, follow this rule: If you wouldn't use a certain word or talk to someone a certain way in a real-life political discussion at a Coffee House, don't do it here either."

What you're doing isn't a debate, but something the entire TPM community should know about: Rather than discuss, you're spamming. You've mischaracterized your conduct. You're not debating anything. You're spamming:

"Please stop attempting to move our debates into the general tpm forum's. It is clear that you will not answer questions asked of you and attempt to push misdirection. Whether you do that for your own personal gains or for the benefit of the current administration, it is unclear."

You've not cited any language of the court orders you say prove your point. You didn't have to follow me on this comment thread; but you've decided to share with others your ID, and your view on your "comments".

I think the TPM community should discuss this here, in the context of the current topic:

Has the Administration run out of options on subpoenas, so that the only option they have is to spam the public with non-sense excuses?

It appears so.

No, this discussion board is about "Defying Subpoena, DoD Orders Sexual Assault Program Chief Not To Testify Before Congress". This board is not about your crazy paranoia postings that are based in fiction. Please do not spam the main boards with unrelated comments as you are doing here.

It is nice you think as much, but this board is for "Defying Subpoena, DoD Orders Sexual Assault Program Chief Not To Testify Before Congress" not for your rants and paranoid ravings. Stop attempting to hijack boards.

Look at what some people want to do to shut down discussions about subpoenas, evidence, and TPM interest areas.

No, what people wish to do is point out the facts and not have someone like you attempt to misrepresent information for personal gain or even worse in an attempt to take oversight an attention away from areas of the government that deserve to be reviewed.

But once again, exactly what do your comments have to do with "Defying Subpoena, DoD Orders Sexual Assault Program Chief Not To Testify Before Congress".

Answer: NOTHING.

STOP POSTING NON RELATED TOPIC COMMENTS.

Let's talk about this topic:

Misdirection, delaying: "It is inappropriate to question Dr. Whitley about the program when Mr. Dominguez, the decision maker responsible for the program and for the program's results, is available to answer those questions."

That statement is more of the Pentagon laughing, with the belief nobody is going to do anything.

Ah, the troll known as testing is out. It is very unfortunate that testing is attempting to hijack a board devoted to a topic of merit. Please stop and go away.

Guess I will never learn not to feed the trolls.

Hmmm, from what I see here, this is just another case of a rogue low/mid-level govt. employee acting on their own, without any knowledge or coaching from the top--you know, just like Mary Beth Buchanan, Monica Goodling, Kyle Sampson, Rachel Paulose, William Pryor, etc. etc. Oh, and let's not forget Lurita Doan, Ken Blackwell and Bruce Ivins--all acting on their own. No need to look at the White House, move along folks, etc.

You're not hijacking anything, testing, please continue.


Yuo are a quack. Now I am accused of being a government official since I have asked testing to provide evidence supporting his absurd conspiracy driven theory. In response, testing provides nothing.

Sorry David, I am not a government employee. I am someone familiar with the case in which testing has continued to misrepresent for his or her own personal gain. I find the misinformation and misdirection that testing has put both absurd and detrimental to the case at hand.

Also, the case under discussion, the Wecht case, is under review by both congress and the courts. It is under review for being a selective prosecution and the only allegation put forth is that it was initiated as such by a mid level government employee, mary beth buchanan.

Seeing this situation, testing chose to drop in with his/her allegations that the White House is involved, yet he provides no evidence what so ever. What you get is the usual conspiracy driven rambles of the mad man known as testing.

Oh, but wait, don't anyone dare to question testing for his or her lackings for if you do you get poison pen responses in which you are accused of being in the bush government since you don't buy into the crazy theories. You also get emails from the mindless drone followers of testing known as Al Austex, Bushicide, Ladybroak, and Facilitatorx.

But hey, as stated before, this is not related to the topic at hand and as such it is off topic.

JamesDD, I didn't mention you in my post, and I am going to respond to you only once. First, this is not a court of law, and any speculation should not be considered out of bounds. Your desire to contain this speculation seems to be itself mighty suspicious.

As for the Wecht trial, I'm sorry to inform you, but the criminal politicization of the DOJ, DoD, EPA and other branches of govt invites speculation into motives such as the ones testing is presenting. While it's true we may never know why Wecht is being targeted, the likelihood of Rove and the White House being involved is much greater than your simplistic 'lone prosecuter' theory. Since MBB's name was on the original DOJ hit list, I think it's a damn good question to ask how she managed to avoid the guillotine. And given your rantings, I don't think that answer will come from you. Goodbye.

David,

It is clear you do not follow and do not know the details of the Wecht case. When you make statements such as Rove and the White House being involved is much greater than your simplistic 'lone prosecuter' theory you demonstrate yourself as being a conspiracy prone individual that is grasping here.

I will agree to disagree with you and given that you even attempt to defend the wild absurd and unsubstantiated allegations of testing, your comments should be treated with suspicion.

Good day and good bye.

David,

Also, the theory you attribute to me which you entitled the lone prosecutor theory is something I can not take credit for. The theory was entered into the public record by Dr. Wecht's attorneys. Kinda defuses your claims and testing's rants.

Testing ,
I concur with Dave Bowman please continue ,

Ah, I was wondering when the groupie would show up. One of the foil hat followers of testing.

The over arching question in all of this is corporate profit -why else would the Penatagon also be protecting the KBR bottom line - by refusing to protect not only service woman - but also women working as private contractors .
Remember Cheney and others have direct interest in war profiteering- Dick tells us that his KBR money is in a" blind trust "- just one more prevarication stated about .. O-peration
I-raqi
L-iberation ..
yes testing please keep digging into this and other war profiteering ,,,and God Speed in your research..

Albie,

You have an interesting take on the situation. Another take maybe that the Pentagon simply does not want dirty launder such as this out in the open. As is common with the former Rumsfield Pentagon and the Bush Government, these posts are often filled by political appointees with little or no experience in the position they are assigned to. While this doctor may be extremely qualified, her superiors may not be.

Anyhow, it is plausible that the situation of sexual assault in the armed forces is rampant. With the war, lowering of recruiting standards, etc, this issue needs to be reviewed.

In this situation, the witness was called before congress and she needs to come forth to testify. There is no excuse otherwise.

user-pic

As of January 20, 2009, the President will be Barack Obama. His Attorney General will enforce the intent and letter of the law and enable congress to exercise oversight of the Executive Branch of government. Bush administration officials and employees will receive invitations and subpoenas to testify before congressional committees where they will have no choice but to either provide testimony or invoke their Fifth Amendment right or be held in inherent contempt of congress and sent to jail and face charges after prolonged investigations. White House officials and those they worked with will receive subpoenas to testify before special prosecutors and grand juries concerning investigations into the politicizing of government agencies, the politically motivated firings of United States Attorneys, conspiracy to falsely prosecute Alabama Governor Don Siegelman, the outing of a covert CIA agent for political purposes, taking America to war under false pretenses, the loss, hiding and destruction of millions of White House emails……and the list goes on and on. As of January 20, 2009, Bush Republicans are going to have to face the fact that their futures are going to be based on truth and facts rather than lies and cover-ups. Let’s see how Bush Republicans act when the only things that can save them is either their innocence or their knowledge of who is guilty. To those who would suggest that the Democrats lack the will to put our country through the painful and divisive exposure of the Bush administration’s corruptions, abuses and illegal actions, I would point out that the Democrats cannot afford to allow the precedents set by the corruptions, abuses and or illegal actions of president Bush and vice president Cheney to go unchallenged or unresolved in order to insure that future administrations are not tempted to repeat them. And the fact that the 2010 elections will be critical in gaining or maintaining a 60/40 filibuster-proof senate majority for Democrats, there would be political value in the exposure of Bush administration malfeasances enabled by Republican Senators.

When I read statements such as this one, I ask is your quest here for truth and justice or some sort of revenge prone craze. In the coming Obama administration, the presidential orders and executive decisions should be reviewed by both Obama and is Attorney General. Those orders that are questionable and/or unconstitutional/illegal should be revoked.

As for your investigations, they should continue in the view of finding what went wrong to prevent similar actions in the future.

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One fact I have concerning this non testimony is that BOTH the DOD and Dr. whitley exempted the doctor. the DOD could request anything it wanted, but DR. Whitley was the person refusing to oblige Congress. therefore, the DOD will most likely have no repercussions. Dr. Whitley will be the one spending time in a cell... if our leaders ever decide to become congressional again.

I for one dispute tis scenario. Remember the promises made before this last election? Remember the reneguing on most of these promises. The crux of this whole concept of Peps vs Dems is moot. Both parties are the same and both parties have instilled folks who promise anything... then act differently when elected.

Like it or not... this makes them LIARS. Like it or not... when folks decide to lie to meet their goals, they cannot be trusted.

I realize the clown in off messed up the old adage, but the "Fool Me Once" concept is something most folks seem to disregard much of the time. Perhaps this is the sole reason we have slid this far downhill.

Now, after 100 more fool me's "We the Voters" are ready and willing to repeat the entire scenario... vote the liars back in...

Not me...

I'm not totally UP on this stuff. But I do have a thought about this Mrs. Dr. Whitley not being testifiable-allowed by the Army, so she cannot talk to Congress about sex assault. I think they do not want her talking about the sexual assault of that Mr. Hamdan detainee guy. You know the guy who is on trial or show or whatever at the Guantanamo Bay for his Mr. Osama connection? If my TiVo was right, the Army fessed up that Mr. Hamdan was sexually assaulted by a woman Army officer as part of his questioning. So maybe the Army does not want MRs. Dr. Whitley talking about that. Cause that's way embarassing. It's totally different from a private sex video with consent, you know.

Just a request. When I am on the boards, for example at iVil, people on both sides argue that both parties are always equally corrupt at the national level - a fatalistic view indeed. It seems to me that since Nixon, if you were to add up the number and magnitude of convictions of both parties, Republicans would do far far worse. No one, as far as I can tell, however, is keeping track. Would you please keep a count/listing, for example since World War II? It would really help hold the parties accountable. We on the boards could cite it all the time, like the way I cite your beyonddelay site. Thanks for your consideration.

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This is a 'Crossing the Rubicon' moment . . .

1. You would have thought that military folk would have got the picture when Julius Caesar got himself dead two millennia ago.

2. Sending brass to squelch investigation is an insult as potent as sending a subordinate to show lack of worth of attention . . . The only valid excuse for not sending the specific individual named in a subpoena is a body-bag or a hospital stay.

3. Rather than dismissing Dominguez, the more proper response would have been . . . leg irons.

This statement is curious:

"Please stop attempting to move our debates into the general tpm forum's."

Their idea of a "debate" is this. Their problem is they refuse to respectfully discuss their views, and want to keep their reckless conduct on TPM hidden.

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