Defense Secretary Chuck Hagel is telling military leaders to base decisions in sexual assault and other cases on facts and their own independent judgment.
Hagel sent a memo meant to blunt recent comments by President Barack Obama that are being used to get some sexual assault cases dismissed.
The Associated Press obtained the memo, which says that senior U.S. leaders will continue to condemn misconduct, such as sexual assault and drug use. But he says their comments are not intended to sway particular cases.
"There are no expected or required dispositions, outcomes or sentences in any military justice case, other than what result from the individual facts and merits of a case and the application to the case of the fundamentals of due process of law," Hagel wrote in the Aug. 6 memo, first reported by the New York Times.
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Obama said in May that sexual offenders in the military should be, "prosecuted, stripped of their positions, court-martialed, fired, dishonorably discharged." His comments have been used by defense attorneys in at least two cases to get charges dismissed or outcomes altered, arguing that the president's words as commander in chief was "unlawful command influence," the Times reported.
Meantime, Hagel this week separately issued a new set of measures to combat sexual assault.
In a directive dated Aug. 14, Hagel laid out those measures which include routine, independent reviews of sexual assault investigations, improving victim legal support, notification of top military leaders immediately after cases are reported, and prohibitions on inappropriate relations between trainers and trainees.
"Preventing the crime of sexual assault remains our focus," Hagel wrote.
"When a crime does occur, we must ensure that victims' rights are respected, they are provided responsive and timely support, and related investigations and judicial proceedings, if appropriate, are conducted in a thorough, professional, and fair manner."
The Pentagon has been under heavy scrutiny -- and criticism -- in Congress after several high-profile cases of sexual misconduct.
Rep. Jackie Speier, D-Calif., who has called for major changes in how the Pentagon handles sexual assault cases, Thursday blasted Hagel's latest directive, saying he's implementing nothing new.
"These aren't new policies. We need sweeping changes; not the best of what's not working," Speier said in a statement. "I continue to be underwhelmed by the military's baby steps on this issue.
"Overall, there is nothing here that will significantly curb sexual predators and their behavior, nothing that will guarantee the safety of victims who report abuse, and nothing that will fix the ongoing problems keeping cases inside the chain of command. The Pentagon has missed yet another opportunity to fulfill its promises of zero tolerance and improved justice."
Speaking last week to troops at a Marine base in California, Obama said combating sexual assault in the military is a top priority. "We are going to work together - all of us," he said, "to stop these crimes of sexual assault and uphold the honor and integrity that defines the finest military on Earth."
On Capitol Hill, lawmakers, such as Sen. Kirsten Gillibrand, D-N.Y., are promoting legislation that would take the decisions about prosecuting sexual misconduct out of the hands of military commanders.
At a hearing earlier this summer with top military brass, Gillibrand argued they were out of touch. "Not every single commander believes what a sexual assault is," she said. "Not every single commander can distinguish between a slap on the ass and a rape."
But the commanders said the best way to combat the problem was from within military ranks. Gen. Martin Dempsey, chairman of the Joint Chiefs of Staff, has said, "Our goal should be to hold our commanders more accountable - not render them less able to help us correct the crisis."
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