Defense Department officials notified Committee staff that Secretary Gates has agreed to comply with the Committee’s subpoena and make Dr. Whitley available to testify.

Yesterday, Chairman Waxman, Subcommittee Chairman Tierney, and Ranking Members Davis and Shays sent a letter to Defense Secretary Gates seeking compliance with a subpoena of Dr. Kaye Whitley, who was instructed by her superiors not to appear at a July 31, 2008, hearing on sexual assault in the military, despite being under subpoena to do so.