In accordance with the findings of a congressional investigation that was prompted by a CNN article regarding sexual misbehavior at the famed Coast Guard Academy, commanders of the United States Coast Guard utilized nondisclosure agreements in an unlawful manner to discourage victims of sexual assault from speaking out about their accusations of assault.
In a letter that was sent on Sunday to Commandant Adm. Linda Fagan, Republican Senator Ted Cruz, who is a ranking member of a Congressional committee that is investigating the actions of the Coast Guard, wrote that the use of the agreements appeared to be part of a “years-long concerted effort to conceal information about rapes and other sexual assaults at the Academy from Congress and the public.” Cruz noted that it is particularly abhorrent to require victims to sign not to reveal what occurred to them. He also mentioned that it would be an obvious violation of federal laws to prevent any member of the Coast Guard from talking with Congress. “If agencies are allowed to silence their employees, they will shield waste, fraud, abuse, and even criminal activity from oversight,” the author writes.
In a statement released on Monday, the Coast Guard stated that the agreements it had previously requested victims to sign were not intended to silence them, but rather to protect the integrity of the investigation and to ensure that the privacy of other victims and witnesses involved in the larger Fouled Anchor investigation was also protected. However, the agency did not comment on Cruz’s accusation that the agreements were unconstitutional. The agency stated that the data had been sent to Cruz’s office as part of the commandant’s “commitment to transparency.”
The Senate Commerce Committee is conducting a congressional study, which is one of several government investigations that are centered on a series of CNN reports that investigate a covert investigation conducted by the Coast Guard and referred to as “Operation Fouled Anchor.” This investigation uncovered decades of cover-ups of sexual misconduct.
It was reported by CNN in the previous year that the leaders of the Coast Guard had taken measures to ensure the confidentiality of the internal inquiry. These measures included requiring personnel who had access to case materials to sign non-disclosure agreements. Cruz stated in the letter that he had submitted to Fagan that the documents that his team had acquired showed that the Coast Guard personnel who had been silenced as a result of these agreements included subjects, investigators, witnesses, and assault victims themselves. Cruz stated that it was “critical that (Fagan) act quickly to put an end” to the use of any prohibited non-disclosure agreements (NDAs). He also stated that he had referred the matter to other government agencies, such as the Department of Homeland Security Inspector General, which is currently leading an investigation into the coverups of the Fouled Anchor scandal.
Cruz’s letter is only the most recent fallout for the Coast Guard since the scandal surrounding the Fouled Anchor was brought to light in June of last year. In the months that followed, Fagan delivered a series of unprecedented apologies to members of Congress, current and former academy cadets, and the entire workforce of the Coast Guard. Additionally, he mandated a number of reforms to be implemented across the service in order to improve the way sexual assault cases are handled.
On the other hand, members of Congress have expressed their continuous dissatisfaction with the ongoing lack of openness, and as a result, they have proposed a number of legislative solutions to address the issue.
A funding bill for the Department of Homeland Security included $1.5 million in funding for an independent review, as well as language that would require that “Congress receives key information and regular briefings to ensure transparency and accountability regarding the Coast Guard’s decision to hide from Congress the findings of Operation Fouled Anchor.” This announcement was made by Senator Chris Murphy of Connecticut, which is the state in which the base of operations for the academy is located. In the meantime, a recent assessment from the General Accounting Office (GAO) discovered that the Coast Guard needs to take more steps to guarantee that the service as a whole undergoes a culture shift that is successful.
In addition, Cruz mentioned in his letter that the Coast Guard had refused to permit interviews with attorneys who were involved in the investigation due to the fact that they were protected by legal privilege. Furthermore, he mentioned that officials who were up for high-level promotions had only provided a conditional commitment to be honest and transparent with Congress going forward. He made reference to a “apparent initial lack of cooperation” with the inquiry that is currently being conducted by the Inspector General.
“This is a disservice to the survivors of rape and other sexual assaults at the Academy, whom the Coast Guard has already failed to protect,” he said. “The Coast Guard has already failed to protect me.”