Opening Remarks of Ranking Member Kelly

Racial Disparity in the Military Justice System

Today, Rep. Trent Kelly (R-MS), Ranking Member of the House Armed Services Subcommittee on Military Personnel, made the following remarks, as prepared for delivery, on the Subcommittee's hearing on racial disparity in the military justice system:

"Thank you, Chairwoman Speier and thank you for holding this hearing at such a fitting time - as Americans across this country, of all backgrounds, are struggling to better understand racial disparity across society writ large.

"I want to welcome both of our panels to today's hearing. We appreciate your attention and commitment to remedy a very grave problem that if left unchecked could stand to undermine the readiness of our armed forces.

"Racial disparity is a very real societal problem – and across various criminal justice systems we see lopsided rates of arrest, prosecution and incarceration that should concern every American. This country has struggled to confront and fix that problem for decades, and we continue to do so – but as the events of the last several weeks demonstrate, we have a long way to go. As a former District Attorney and City Prosecutor I have seen my share of it, and it is something neither I nor any of us can ever shy away from, or get complacent about. This is a problem we all collectively need to confront head on.

"Where I do think we can and must make a very real difference is in our military. I have served in the military for over 33 years, commanded a battalion and brigade in combat, and know the very real bond our young warriors share, regardless of background. I was so proud two weeks ago when 371 Soldiers from Mississippi in the 155th ABCT – all volunteers – answered the call and deployed to Washington DC on three hours notice. They were a diverse group, with 43% from either African American or minority backgrounds. They trained together, deployed together and did their duty as a team together – which is what makes our military so great. They answered the call, did what they were asked, and did it with honor. They and all servicemembers place their trust in each other and their leaders – and that is why our military is so formidable.

"This is context that lays a bit of the foundation for what makes this disparity in military justice so troubling for me. Leaders need to do the right thing always, treat ever Soldier, Sailor, Airman and Marine with dignity and respect, and protect that trust that binds warriors together. If racial disparity persists, it always has a negative impact on recruiting, readiness, and the culture of our military. I understand the statistics – the effect – but we need to understand the cause, fashion the right remedies, and we need to do it quickly.

"Section 540I of the Fiscal Year 2020 NDAA, tasked the Secretary of Defense in consultation with the services to evaluate the causes of racial, ethnic and gender disparities in the military justice system and to take steps to remedy disparities.

"I am interested in hearing from our witnesses today on any ideas for rooting out the causes of this problem and potential solutions, and where the Department is in their evaluation of causes and remedies. I understand the Air Force is initiating an Inspector General investigation with panels of experts in support to explore the problem more holistically. I am interested in hearing from all of the services about any similar or complementary initiatives.

"Madame Chairwoman, I think this is a great start and I look forward to today's discussion. I want to again thank the witnesses for attending today's hearing and sharing their collective expertise with us. I yield back."

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