barbara boxer. >> what we do is we say we're keeping this in the military but we are allowing the experts to make the decision. >> reporter: military veterans in the senate were split. senator john walsh of montana voted yes. senator john mccain of arizona voted no. >> because if you take the responsibility from that commanding officer, then you are eroding his ability to lead. >> reporter: and that is the argument that won the day, though gillibrand vowed to try again. >> many people said to me, kirstin, i'm going to watch this, if it doesn't get better in the next six months, i'm with you next time. >> reporter: this was a victory for the pentagon's top brass which had argued vigorously against the measure. the senate is poised to pass a bill next week that would make some smaller changes, like giving military prosecutors more influence, scott, over military commanders when it comes to deciding which sexual assault cases goes forward. >> pelley: nancy, thank you very much. we mentioned the army's top prosecutor for sexual assault is himself accused of sexual assault tonight. the newspaper "stars and stripes" broke the story, and david martin has details. stripes" broke the story, an