Senior White House officials said it was the most sweeping change to the military legal code since it was created in 1950.
President Biden signed an executive order on Friday giving decisions on the prosecution of serious military crimes, including sexual assault, to independent military attorneys, taking that power away from victims’ commanders.
The order formally implements legislation passed by Congress in 2022 aimed at strengthening protections for service members, who were often at the mercy of their commanders to decide whether to take their assault claims seriously.
Members of Congress, frustrated with the growing number of sexual assaults in the military, fought with defense leaders for several years over the issue. They argued that commanders at times were willing to ignore charges or incidents in their units to protect those accused of offenses and that using independent lawyers would beef up prosecutions. Military leaders balked, saying it could erode commanders’ authority.
The change was among more than two dozen recommendations made in 2021 by an independent review commission on sexual assault in the military that was set up by Defense Secretary Lloyd Austin. And it was included in the annual defense bill last year. But since it requires a change to the Uniform Code of Military Justice, it needed formal presidential action.
