Senate committee advances nomination of general accused of sexual assault

Senate committee advances nomination of general accused of sexual assault
© Aaron Schwartz

The Senate Armed Services Committee has voted to advance the nomination of Gen. John Hyten, who has been accused of sexual assault by a subordinate officer, to be vice chairman of the Joint Chiefs of Staff.

The committee voted to advance Hyten's nomination Wednesday, a day after his confirmation hearing, in a meeting off the Senate floor, committee Chairman James InhofeJames (Jim) Mountain InhofeOvernight Defense: Erdoğan gets earful from GOP senators | Amazon to challenge Pentagon cloud contract decision in court | Lawmakers under pressure to pass benefits fix for military families GOP senators balk at lengthy impeachment trial Lawmakers under pressure to pass benefits fix for military families MORE (R-Okla.) told reporters.

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The panel voted 20-7 to approve Hyten, according to a news release.

Army Col. Kathryn Spletstoser has accused Hyten of making several unwanted sexual advances in 2017 when she was one of his aides.

The advances escalated, she alleges, to an incident in her hotel room while they were at the Reagan National Defense Forum in which she claims that he pressed up against her while kissing her and ejaculated on her.

During the hearing, Hyten categorically denied the allegations against him.

“It has been a painful time for me and my family, but I want to state for you and the American people in the strongest possible terms that these allegations are false,” Hyten said. “Nothing happened, ever.”

An Air Force investigation into the allegations ended without any charges against Hyten.

After the hearing Tuesday, Spletstoser maintained her accusations.

“You just had a four-star general get up in front of the American people and in open testimony in front of the Senate Armed Services Committee and make false official statements under oath,” Spletstoser told reporters. “The bottom line is he lied about sexually assaulting me. He did it. He did it multiple times.”

Hyten got a boost early in his hearing when Sen. Martha McSallyMartha Elizabeth McSallyThis week: House kicks off public phase of impeachment inquiry Progressive veterans group launches campaign labeling Trump as a 'national security threat' Advocates step up efforts for horse racing reform bill after more deaths MORE (R-Ariz.), who revealed earlier this year she was raped by a superior officer, said she was backing him.

“The truth is that Gen. Hyten is innocent of these charges,” McSally said. “Sexual assault happens in the military. It just didn’t happen here.”

On Wednesday, Inhofe said he was concerned about the message that would be sent by not confirming Hyten.

“What would happen with all these thousands of junior grade officers out there striving for the top, knowing the likelihood is not very great they get there, but if they do this could happen to them,” Inhofe said. “If someone can accuse someone of sexual assault without any evidence, without any corroborative agreement, then anyone could do that. It could happen to anyone.”

Still, several senators said they continued to have questions about Hyten’s ability to serve as the second highest ranking general in the country.

Sen. Joni ErnstJoni Kay ErnstOvernight Defense: Erdoğan gets earful from GOP senators | Amazon to challenge Pentagon cloud contract decision in court | Lawmakers under pressure to pass benefits fix for military families Turkish media paints White House visit as Erdoğan triumph over Trump Erdoğan gets earful from GOP senators at White House MORE (R-Iowa) told reporters she voted against Hyten. During the hearing she expressed concerns about his judgment, but not because of the assault allegations. Rather, she questioned his handling of a separate investigation into Spletstoser, which found the colonel had created a “toxic” work environment.

“You could not bring yourself to admit or recognize toxic leadership within your command,” Ernst told Hyten. “You only did something about it when concerns were raised about your own leadership.”

Sen. Richard Blumenthal (D-Conn.) said Wednesday he had questions about how Hyten will tackle sexual assault in the military as vice chairman.

“I have a number of unresolved questions about his judgment, and I am deeply dissatisfied with the answers that he gave me about what the military should do to combat sexual assault,” Blumenthal said. "And there was no reason that this vote had to be today as opposed to a month from now.”

The other "no" votes came from Democratic Sens. Elizabeth WarrenElizabeth Ann WarrenBiden says he won't legalize marijuana because it may be a 'gateway drug' Democrats seize on report of FedEx's Elizabeth Warren tax bill to slam Trump's tax plan Warren 'fully committed' to 'Medicare for All' MORE (Mass.), Kirsten GillibrandKirsten GillibrandMaloney primary challenger calls on her to return, donate previous campaign donations from Trump Senate confirms controversial circuit court nominee She Should Run launches initiative to expand number of women in political process MORE (N.Y.), Mazie HironoMazie Keiko HironoDemocratic senators introduce bill to block funding for border wall live stream Overnight Energy: Perry replacement faces Ukraine questions at hearing | Dem chair demands answers over land agency's relocation | Ocasio-Cortez, Sanders unveil 0B Green New Deal public housing plan Perry replacement moves closer to confirmation despite questions on Ukraine MORE (Hawaii), Tammy DuckworthLadda (Tammy) Tammy DuckworthDuckworth celebrates Veterans Day with deported veterans in Mexico Senate Democrat introduces bill to protect military families from deportation Nuclear command nominee sidesteps questions on arms control treaties MORE (Ill.) and Gary PetersGary Charles PetersAdvocates step up efforts for horse racing reform bill after more deaths Warren doubles down — to Democrats' chagrin, and Trump's delight Senators urge Trump to fill vacancies at DHS MORE (Mich.).

Other Democrats, though, decided to back Hyten along with every Republican except for Ernst. Democratic Sens. Jack ReedJohn (Jack) Francis ReedImpeachment battle looms over must-pass defense bill It's time for Congress to establish a national mental health crisis number America's avengers deserve an advocate MORE (R.I.), the ranking member of the committee; Jeanne ShaheenCynthia (Jeanne) Jeanne ShaheenOn The Money: US paid record .1B in tariffs in September | Dems ramp up oversight of 'opportunity zones' | Judge hints at letting House lawsuit over Trump tax returns proceed Overnight Energy: EPA watchdog slams agency chief after deputy fails to cooperate in probe | Justices wrestle with reach of Clean Water Act | Bipartisan Senate climate caucus grows Overnight Defense: Trump, Erdogan confirm White House meeting | Public impeachment hearings set for next week | Top defense appropriator retiring MORE (N.H.); Tim KaineTimothy (Tim) Michael KaineOvernight Health Care: Trump officials making changes to drug pricing proposal | House panel advances flavored e-cig ban | Senators press FDA tobacco chief on vaping ban Senators press FDA tobacco chief on status of vaping ban Progressive freshmen jump into leadership PAC fundraising MORE (Va.); Martin HeinrichMartin Trevor HeinrichSenate reviews Interior, FERC nominees criticized on ethics This week: House to vote on Turkey sanctions bill Hillicon Valley: Facebook launches 'News Tab' | Senate passes bill to take on 'deepfakes' | Schumer outlines vision for electric cars MORE (N.M.), Joe ManchinJoseph (Joe) ManchinFormer coal exec Don Blankenship launches third-party presidential bid Centrist Democrats seize on state election wins to rail against Warren's agenda Overnight Energy: Senate eyes nixing 'forever chemicals' fix from defense bill | Former Obama EPA chief named CEO of green group | Senate reviews Interior, FERC nominees criticized on ethics MORE (W.Va.) and Doug Jones (Ala.) voted in support of Hyten. Independent Sen. Angus KingAngus KingOvernight Energy: EPA watchdog slams agency chief after deputy fails to cooperate in probe | Justices wrestle with reach of Clean Water Act | Bipartisan Senate climate caucus grows Bipartisan Senate climate caucus grows by six members Senators fear Syria damage 'irreversible' after Esper, Milley briefing MORE (Maine), who caucuses with Democrat, also supported Hyten.

Kaine said in a statement Wednesday that if “there had still been ambiguity over whether Gen. Hyten may have committed the heinous crimes described in the allegations, I would have voted against advancing his nomination." 

“But the investigations conducted both by the military and the committee produced evidence that Gen. Hyten did not sexually assault Col. Spletstoser or engage in an unprofessional relationship with her,” Kaine said. “I did not reach this conclusion lightly, but I believe we owe it to the women and men of the military and this nation to follow the facts wherever they lead.”

Updated at 5:48 p.m.