Sen. Kirsten Gillibrand (D-N.Y.), who is leading the effort in the Senate to move the authority to prosecute military sexual assault cases outside the chain of command, said Tuesday that commanders are "failing," and she expressed hope that President Obama will support her legislation.

"The facts show they can't do it, and this is exactly where they're failing," Gillibrand said on PostTV's new show, "On Background." "If there is 62 percent retaliation today of victims who are coming forward, they are failing in their mandate to provide good order and discipline and to set a command climate where a victim can come forward."