Sen. Ted Cruz, R-Texas, accused Coast Guard leaders of employing illegal nondisclosure agreements (NDA) to stifle victims of sexual assault from sharing their experiences, an inquiry prompted by a CNN report uncovering sexual misconduct at the renowned Coast Guard Academy.
Cruz, a ranking member of a congressional committee investigating the Coast Guard's actions, asserted in a letter to Commandant Adm. Linda Fagan that the use of such agreements was part of a "years-long concerted effort to conceal information about rapes and other sexual assaults at the Academy from Congress and the public."
"Requiring victims to agree not to discuss what happened to them is particularly reprehensible," Cruz wrote, emphasizing that any attempt to silence Coast Guard members would contravene federal laws and impede oversight.
Responding to the allegations, the Coast Guard defended the agreements' purpose, stating they were intended to safeguard the integrity of investigations and protect the privacy of all involved parties. However, the agency refrained from directly addressing Cruz's accusation of illegality.
The Senate Commerce Committee's review, initiated in response to a series of CNN exposés on a covert Coast Guard investigation dubbed "Operation Fouled Anchor," continues to unfold. The probe revealed decades of sexual misconduct cover-ups within the Coast Guard.
In his letter to Fagan, Cruz highlighted records indicating that the silenced Coast Guard personnel encompassed not only assault victims but also subjects, investigators, and witnesses.
Cruz urged Fagan to swiftly discontinue any prohibited agreements and referred the matter to other government agencies, including the Department of Homeland Security Inspector General, overseeing the ongoing Fouled Anchor investigation.
Since the scandal emerged last June, the Coast Guard has faced escalating scrutiny and criticism. Fagan issued numerous apologies and implemented reforms addressing how sexual assault cases are handled within the agency.
Yet, congressional dissatisfaction persists over perceived transparency deficits, prompting legislative proposals for enhanced oversight. Democrat Sen. Chris Murphy representing Connecticut, where the academy is located, secured $1.5 million in funding within a Department of Homeland Security bill for an independent review and provisions ensuring congressional access to pertinent information.
Additionally, a recent Government Accountability Office (GAO) report underscored the Coast Guard's need for a more effective cultural shift across the service.
Cruz also noted the Coast Guard's resistance to interview attorneys involved in the probe and officials' conditional commitment to transparency. He criticized what he termed an "apparent initial lack of cooperation" with the ongoing Inspector General inquiry.
"This is a disservice to the survivors of rape and other sexual assaults at the Academy, whom the Coast Guard has already failed once," Cruz wrote.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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