“Until Congress passes legislation repealing the law, the administration will continue to defend the statute when it is challenged in the justice system.” – Ben LaBolt, Obama spokesperson
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It seems clear from Mr. LaBolt’s statement that Pres. Obama is content to play chicken with Democrats in Congress, holding servicemen and women who are gay hostage. Waiting out the court journey so that he won’t be, as the White House evidently sees it, blamed for reversing a dreadful policy that is weak constitutionally, as well as counterproductive.
The interview Rachel Maddow did with Lieutenant Colonel Victor J. Fehrenbach illustrates how alarmingly unfair DADT is. Aubrey Sarvis, Executive Director of the Servicemembers Legal Defense Network wrote a post laying it out.
But yesterday, Pentagon spokesperson Geoff Morrell stood arrogantly at the podium talking about a policy that is a disgrace to this country as if it didn’t matter. The aura he exuded while talking about it revealed a cavalier approach to an issue that is insulting to our soldiers who are putting themselves on the line, sometimes heroically. Morrell:
“I do not believe there are any plans under way in this building for some expected, but not articulated, anticipation that don’t ask-don’t tell will be repealed,” Morrell told reporters at the Pentagon.
More practically, the Obama administration decided not to appeal the recent ruling on Maj. Margaret Witt.
The Obama administration has decided to accept an appeals-court ruling that could undermine the military’s ban on service members found to be gay.
In the appeals court case last year, the Bush administration argued that Air Force Maj. Margaret Witt, who was discharged after authorities discovered she had a relationship with a woman, had no grounds to challenge her expulsion in light of congressional findings that gays and lesbians in uniform “create an unacceptable risk” to military morale and “unit cohesion.”
But the court ordered the government to show why military discipline would be imperiled by the specific presence of Maj. Witt.
President Obama faced an early March deadline to file an appeal to the Supreme Court. Obama aides twice filed requests asking for a one-month extension, which the court granted. The administration let the most recent deadline pass without seeking another extension.
… A federal appeals court in San Francisco last year ruled that the government must justify the expulsion of a decorated officer solely because she is a lesbian. The court rejected government arguments that the law banning gays in the military should have a blanket application, and that officials shouldn’t be required to argue the merits in her individual case.
The administration let pass a May 3 deadline to appeal to the Supreme Court. That means the case will be returned to the district court, and administration officials said they will continue to defend the law there.
Through no courage from Democrats, the issue of DADT could eventually wind its way through the courts with a positive outcome. But it sure won’t be because Pres. Obama, his Administration or the Democrats in Congress showed leadership or any courage on the issue.
ABC’s This Week, George Stephanopoulos asked the president’s National Security Advisor retired Marine General James L. Jones if he thought DADT will be overturned. Jones replied, “I don’t know,” and then what is clearly one of the main talking points, “We have a lot on our plate right now.”










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