http://thinkprogress.org/2008/08/01/dod-defies-subpoena/Defense Department Defies Supoena, Blocks Testimony Of Key Sexual Assault Prevention Official»
Yesterday, the House Oversight Subcommittee on National Security and Foreign Affairs, held a hearing on sexual assault in the military. During the hearing, Rep. Jane Harman (D-CA) explained that “women serving in the military today are more likely to be raped by a fellow soldier than be killed by enemy fire in Iraq.”
As part of their investigation, the subcommittee invited and then subpoenaed Dr. Kaye Whitley, the director of the Defense Department’s Sexual Assault Prevention and Response Office, to testify. But Deputy Defense Undersecretary Michael Dominguez ordered her not to appear before the committee, claiming that the responsibility “rests with me.”
Oversight Committee Chairman Henry Waxman (D-CA) responded by asking, “What is it you’re trying to hide.” Waxman then took him to task, even threatening to hold him in contempt:
WAXMAN: We subpoenaed her. You’ve denied her the opportunity to come and testify and put in a situation where we have to contemplate holding her in contempt. I don’t even know if we could hold you in contempt, because you haven’t been issued a subpoena. <…>
I don’t know if we need to subpoena the Secretary and then hold him in contempt; Mr. Chu, and hold him in contempt; you, and hold you in contempt. Those are better options to me than to hold her in contempt, when she’s put in this untenable position, when her — in the line of command — instructs her not to comply with a subpoena of the United States Congress.Watch it/read transcript at link~
Subcommittee Chairman Rep. John Tierney (D-MA) called Dominguez’s decision a “false notion of bravado” before kicking Dominguez out of the hearing. “We don’t want to hear from you right now. I can tell you, we’re more than a little bit upset with you…You’re dismissed,” he said.
According to the Defense Department website, Whitley’s office is the “the single point of accountability for the Department of Defense sexual assault policy.” Subcommittee Chairman Tierney explained, “Whitley has testified in Congress before, in fact, before this very subcommittee two years ago, also on sexual assault in the military.”
Dominguez said no claim of executive privilege was invoked, the department simply chose to ignore the subpoena.