Austin still mum on whether to prosecute sexual assaults outside chain of command May 6 Defense Secretary Lloyd Austin is waiting to hear what the service secretaries have to say before making his final decision. (Staff Sgt. Brittany A. Chase/DoD) An independent panel of a dozen experts has recommended that Defense Secretary Lloyd Austin establish a body outside the chain of command to prosecute sexual assaults. His top uniformed adviser, Chairman of the Joint Chiefs of Staff Army Gen. Mark Milley, is also open to the idea. And Sen. Kirsten Gillibrand, D-N.Y., says that after nine years pushing, she believes she has the votes in the Senate to make it law. But Austin isn’t taking a public position.