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| ‘Nothing Happened, Ever’: General Defends Himself Against Sexual Assault Claims | ‘Nothing Happened, Ever’: General Defends Himself Against Sexual Assault Claims |
| (32 minutes later) | |
| WASHINGTON — With the female accuser looking on, two American women on Tuesday exerted their considerable influence on matters relating to sexual assault and the military, saying that they do not believe that President Trump’s nominee for vice chairman of the Joint Chiefs of Staff sexually assaulted a subordinate multiple times in 2017. | WASHINGTON — With the female accuser looking on, two American women on Tuesday exerted their considerable influence on matters relating to sexual assault and the military, saying that they do not believe that President Trump’s nominee for vice chairman of the Joint Chiefs of Staff sexually assaulted a subordinate multiple times in 2017. |
| Both Heather A. Wilson, the former Air Force secretary, and Senator Martha McSally, Republican of Arizona and a self-described survivor of sexual assault in the military, strongly and unequivocally defended Gen. John E. Hyten of the Air Force during his confirmation hearing before the Senate Armed Services Committee. | |
| Seated several rows behind the general was Col. Kathryn A. Spletstoser, a 28-year Army officer with four combat tours in Iraq and Afghanistan. In an interview last week with The New York Times, she described numerous instances of unwanted touching by the general, culminating in what she described as an assault in her hotel room in December 2017. | Seated several rows behind the general was Col. Kathryn A. Spletstoser, a 28-year Army officer with four combat tours in Iraq and Afghanistan. In an interview last week with The New York Times, she described numerous instances of unwanted touching by the general, culminating in what she described as an assault in her hotel room in December 2017. |
| Air Force officials said an investigation found no evidence to corroborate Colonel Spletstoser’s accusations. (Investigators also said they found no evidence that she lied.) | Air Force officials said an investigation found no evidence to corroborate Colonel Spletstoser’s accusations. (Investigators also said they found no evidence that she lied.) |
| “Sexual assault happens in the military,” Ms. McSally said. “It just didn’t happen in this case.” Ms. McSally — who said this year that she had been raped when she was a cadet at the Air Force Academy — also said that the case against General Hyten was not even “a jump ball” or a “he said, she said” situation. | “Sexual assault happens in the military,” Ms. McSally said. “It just didn’t happen in this case.” Ms. McSally — who said this year that she had been raped when she was a cadet at the Air Force Academy — also said that the case against General Hyten was not even “a jump ball” or a “he said, she said” situation. |
| Ms. Wilson was equally adamant. Speaking before the committee, she declared that “General Hyten was falsely accused and this matter should be set aside as you consider this nomination.” | Ms. Wilson was equally adamant. Speaking before the committee, she declared that “General Hyten was falsely accused and this matter should be set aside as you consider this nomination.” |
| She then suggested that Colonel Spletstoser, who is still on active duty in the Army, “is a wounded soldier who believes what she is saying is true even if it is not.” | She then suggested that Colonel Spletstoser, who is still on active duty in the Army, “is a wounded soldier who believes what she is saying is true even if it is not.” |
| Colonel Spletstoser said she found the assertions of the two women devastating. Of Ms. Wilson in particular, Colonel Spletstoser said she was “disgusted and offended that she would insinuate that my combat service would make me a liar.” | Colonel Spletstoser said she found the assertions of the two women devastating. Of Ms. Wilson in particular, Colonel Spletstoser said she was “disgusted and offended that she would insinuate that my combat service would make me a liar.” |
| With a handful of exceptions, the people who spoke Tuesday — Colonel Spletstoser said her offer to speak at the public hearing was declined — made clear they believed General Hyten over his accuser. | With a handful of exceptions, the people who spoke Tuesday — Colonel Spletstoser said her offer to speak at the public hearing was declined — made clear they believed General Hyten over his accuser. |
| Senator James M. Inhofe, Republican of Oklahoma and the committee chairman, criticized the news media for writing about the colonel’s account “with little regard for the truth,” and indicated that he, too, believed General Hyten. | Senator James M. Inhofe, Republican of Oklahoma and the committee chairman, criticized the news media for writing about the colonel’s account “with little regard for the truth,” and indicated that he, too, believed General Hyten. |
| “This committee takes allegations of sexual assault very seriously,” Mr. Inhofe said in his opening statement. “But this committee will not act on unproven allegations — allegations that do not withstand the close scrutiny of this committee’s process.” | “This committee takes allegations of sexual assault very seriously,” Mr. Inhofe said in his opening statement. “But this committee will not act on unproven allegations — allegations that do not withstand the close scrutiny of this committee’s process.” |
| General Hyten, for his part, maintained that he never initiated sexual contact with Colonel Spletstoser. | General Hyten, for his part, maintained that he never initiated sexual contact with Colonel Spletstoser. |
| “Nothing happened, ever,” he said in his opening statement. He denied the assertions that the colonel described, including an episode on the night of Dec. 2, 2017, when she said General Hyten entered her hotel room and rubbed himself against her until he ejaculated. | “Nothing happened, ever,” he said in his opening statement. He denied the assertions that the colonel described, including an episode on the night of Dec. 2, 2017, when she said General Hyten entered her hotel room and rubbed himself against her until he ejaculated. |
| But the general seemed to stumble when he sought to explain why he delayed acting on numerous complaints from military staff members that Colonel Spletstoser was “toxic” in dealings with others. | But the general seemed to stumble when he sought to explain why he delayed acting on numerous complaints from military staff members that Colonel Spletstoser was “toxic” in dealings with others. |
| “You could not bring yourself to admit or recognize toxic leadership within your command,” said Senator Joni Ernst, Republican of Iowa. “You continued to endorse her. You only did something about it when concerns were raised about your own leadership.” | “You could not bring yourself to admit or recognize toxic leadership within your command,” said Senator Joni Ernst, Republican of Iowa. “You continued to endorse her. You only did something about it when concerns were raised about your own leadership.” |
| She added that “all of this suggests a conflict between your personal inclinations and your professional responsibilities.” | She added that “all of this suggests a conflict between your personal inclinations and your professional responsibilities.” |
| General Hyten, who also highly praised Colonel Spletstoser in her performance reviews, and advocated on her behalf in emails to other top officials despite the complaints about her, said: “You’ve got to understand she was brilliant. She did spectacular work.” | General Hyten, who also highly praised Colonel Spletstoser in her performance reviews, and advocated on her behalf in emails to other top officials despite the complaints about her, said: “You’ve got to understand she was brilliant. She did spectacular work.” |
| With his wife and family seated behind him, the general repeatedly presented himself as someone who cared deeply about sexual assault claims in the military. He promised that if he became vice chairman of the Joint Chiefs of Staff, the second-highest military position in the country, he would work assiduously to eradicate what he called the “scourge” of sexual assault in the Defense Department. | With his wife and family seated behind him, the general repeatedly presented himself as someone who cared deeply about sexual assault claims in the military. He promised that if he became vice chairman of the Joint Chiefs of Staff, the second-highest military position in the country, he would work assiduously to eradicate what he called the “scourge” of sexual assault in the Defense Department. |
| But pressed several times for specifics on how he would do so, he said he was unsure and would ask people for help. “I know a lot about space and cyber,” he said. “But I’m not an expert on sexual assault.” | But pressed several times for specifics on how he would do so, he said he was unsure and would ask people for help. “I know a lot about space and cyber,” he said. “But I’m not an expert on sexual assault.” |
| The Defense Department has been struggling for years to deal with sexual assault in military ranks, and the Pentagon’s own statistics show the problem is worsening. | The Defense Department has been struggling for years to deal with sexual assault in military ranks, and the Pentagon’s own statistics show the problem is worsening. |
| In May, the Defense Department estimated that the number of sexual assaults climbed nearly 38 percent in 2018, compared with two years earlier. Senior military leaders, who want to retain control of the issue, continue to insist that they are working to raise awareness and accountability. | In May, the Defense Department estimated that the number of sexual assaults climbed nearly 38 percent in 2018, compared with two years earlier. Senior military leaders, who want to retain control of the issue, continue to insist that they are working to raise awareness and accountability. |
| “You can’t come up with any ideas?” asked Senator Tammy Duckworth, Democrat of Illinois. “I worry about your leadership on this issue.” | “You can’t come up with any ideas?” asked Senator Tammy Duckworth, Democrat of Illinois. “I worry about your leadership on this issue.” |
| Ms. Duckworth also noted that General Hyten’s cellphone, issued by the Defense Department, was wiped of most of its data during the time of the alleged episodes. | Ms. Duckworth also noted that General Hyten’s cellphone, issued by the Defense Department, was wiped of most of its data during the time of the alleged episodes. |
| “I was not aware it was wiped,” General Hyten said. “To me, it’s just an unclassified phone.” | “I was not aware it was wiped,” General Hyten said. “To me, it’s just an unclassified phone.” |
| While most of the Republicans on the committee praised the general during the hearing, he appeared to have some support from Democrats as well. | While most of the Republicans on the committee praised the general during the hearing, he appeared to have some support from Democrats as well. |
| Senator Doug Jones, Democrat of Alabama, singled out Ms. Wilson’s defense of the general as something with which he agreed. And several other Democrats were largely muted in their questions about sexual assault and instead asked about military policy. | Senator Doug Jones, Democrat of Alabama, singled out Ms. Wilson’s defense of the general as something with which he agreed. And several other Democrats were largely muted in their questions about sexual assault and instead asked about military policy. |
| Senator Tim Kaine, Democrat of Virginia, had only one question for General Hyten related to the allegations, asking whether he agreed that “if this is true, it would be disqualifying?” | Senator Tim Kaine, Democrat of Virginia, had only one question for General Hyten related to the allegations, asking whether he agreed that “if this is true, it would be disqualifying?” |
| General Hyten replied, “Yes.” Mr. Kaine then moved on to questions about the Law of the Sea convention, an arcane treaty that governs maritime relations. | General Hyten replied, “Yes.” Mr. Kaine then moved on to questions about the Law of the Sea convention, an arcane treaty that governs maritime relations. |
| Advocates of victims of sexual assault criticized the process, noting that Colonel Spletstoser was not allowed to present her case publicly before the committee. (She privately testified before committee members last week.) | Advocates of victims of sexual assault criticized the process, noting that Colonel Spletstoser was not allowed to present her case publicly before the committee. (She privately testified before committee members last week.) |
| “The fix is in to elevate Gen. John E. Hyten,” Toni Van Pelt, the president of the National Organization for Women, said in a statement, “despite credible accusations of sexual assault made by an officer under his command.” She called on the committee to allow Colonel Spletstoser to testify publicly. | “The fix is in to elevate Gen. John E. Hyten,” Toni Van Pelt, the president of the National Organization for Women, said in a statement, “despite credible accusations of sexual assault made by an officer under his command.” She called on the committee to allow Colonel Spletstoser to testify publicly. |
| But one congressional staffer, who spoke on the condition of anonymity, said that the comments by Ms. McSally all but assured that General Hyten would be confirmed. | But one congressional staffer, who spoke on the condition of anonymity, said that the comments by Ms. McSally all but assured that General Hyten would be confirmed. |