LCR’s response to Motion to Hold Appeals in Abeyance re: DADT

The Log Cabin Republicans have issued a response to “Motion to Hold Appeals in Abeyance.”

ARGUMENT

Although a bill to repeal the “Don’t Ask, Don’t Tell” statute, 10 U.S.C. §654, has been passed and signed by the President, this legislative “repeal” is not yet effective. It is undisputed, and the government’s motion acknowledges, that repeal will not take effect for 60 days following certification by three officials that several requirements have been met – a certification for which there is no deadline or expected timetable. The repeal also may not take effect at all if threatened Congressional action to “repeal the repeal” proceeds. In the meantime, Don’t Ask, Don’t Tell continues in full force. Homosexual Americans who wish to enlist in the armed forces may not do so openly; current homosexual servicemembers must continue to lie about their identity and serve under ongoing threat of investigation; and servicemembers identified as homosexual continue to be subject to discharge.

More good stuff in there, but touché, LCR, touché.




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Obama admin. asks Supreme Court to deny LCR’s motion to end the DADT stay

The Acting Solicitor General, Neal Kumar Katyal, has asked the U.S. Supreme Court to deny the Log Cabin Republican’s motion to vacate the stay of the DADT injunction:

Government lawyers asked the U.S. Supreme Court Wednesday to deny a request by the Log Cabin Republicans that the court lift a stay of the worldwide injunction a federal judge placed on the “don’t ask, don’t tell” policy in September after she rule the law unconstitutional.

The motion includes with a Declaration from Clifford Stanley, the Under Secretary of Defense for Personnel and Readiness who tells the Court:

I submit this declaration to make the following point: the Government intends to appeal the Court’s decision. During the pendency of that appeal, the military should not be required to suddenly and immediately restructure a major personnel policy that has been in place for years, particularly during a time when the Nation is involved in combat operations overseas. The magnitude of repealing the DADT law and policy is demonstrated by the Department’s ongoing efforts to study the implications of repealing DADT, which I outline in detail below.

According to Stanley, the injunction would adversely impact “military readiness”:

As demonstrated below, in the event DADT is no longer in effect, an injunction with immediate and worldwide effect will have adverse effects on both military readiness and the Department’s ability to effect a smooth and lasting transition to a policy that accommodates the presence of openly gay and lesbian servicemembers. The stakes here are so high, and the potential harm so great, that caution is in order.

There’s has been an abundance of caution. Too much caution. DADT should be long gone by now.

Could this be a bigger mess for the Obama administration? They’ve so lost control of this process – and I don’t really think there is a strategy to fix it. That’s why this Log Cabin lawsuit keeps causing more and more problems for the administration.

Log Cabin’s Executive Director and the group’s attorney have issued statements.

First, really interesting background from R. Clarke Cooper, the Executive Director of Log Cabin Republicans:

“It is unfortunate the Obama Justice Department has forced the Log Cabin Republicans to go to the Supreme Court to halt this failed policy. At the same time, President Obama remains far from the front lines of the fight for legislative repeal while commanding his lawyers to zealously defend ‘Don’t Ask, Don’t Tell’ in court. This week Log Cabin Republicans have conducted meetings with numerous Republican senators potentially in favor of repeal, all of whom are waiting for the President’s call. The White House has been missing in action on Capitol Hill, undermining efforts to repeal ‘Don’t Ask, Don’t Tell’ in the final session of this Congress, potentially leaving the judiciary as the only solution for our brave men and women in uniform.”

The White House was also missing in action in September, when the Defense bill hit the Senate floor.

And, here’s the statement from Dan Woods, the lead attorney from White & Case:

“We have reviewed the government’s opposition to Log Cabin’s application to vacate the stay of Judge Phillips’s injunction by the Ninth Circuit. In our view, the government’s lengthy, detailed, 29-page brief does not address the two key arguments we presented to the Supreme Court. First, we argued that the premise of the government’s position–that it needs time to conduct an orderly process of repealing DADT–is entirely speculative because Congress has not and very well may never repeal DADT; the government’s filing today does not address that issue. Second, we argued that the Ninth Circuit order did not take into account the harm to servicemembers and potential enlistees resulting from the stay; the government’s filing today does not respond to that point either. At this point, all we can do is to look forward to a favorable ruling from the Supreme Court.”

A favorable ruling from the Supreme Court would be a very good thing.

Solicitor General’s Opposition to LCR’s Supreme Ct. Motion to Vacate DADT Stay




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AC360: Rep. Jared Polis & LCR’s Clarke Cooper Discuss Chambliss Scandal

Tonight CNN’s Anderson Cooper discussed the “all faggots must die” comment left by a Sen. Saxby Chambliss staffer here on JMG, bringing on Rep. Jared Polis and Log Cabin head R. Clarke Cooper. (The same pair discussed the issue on MSNBC’s Hardball yesterday.) Tonight’s conversation focused more on the delay in identifying the culprit, although LCR’s Cooper once again attempted to derail the issue by launching into an attack on Obama over DADT.

UNRELATED: CNN really has a problem with my name, this is the third mention in as many weeks in which they get it wrong. Whatevs.

Joe. My. God.

—  John Wright

Breaking: Obama’s DOJ responds to LCR DADT case: limit scope only to LCRs affected

In other words, the discharges can continue, since the admin wants to limit the scope to members of the LCR affected by DADT. From The Advocate:

The Department of Justice issued a request Thursday to a U.S. district court judge asking to keep enforcing the military’s ban on gay and lesbian service members, challenging a request to stop its enforcement.

In a 14-page brief, Justice Department attorneys argued a permanent injunction against enforcing the 17-year-old law – one supported by Log Cabin Republicans, which challenged DADT in federal court – would be “untenable.”

“[A]ny injunction in this case must be limited to plaintiff LCR and the claims it asserts on behalf of its members – and cannot extend to non-parties – plaintiff’s requested world-wide injunction of the statute fails as a threshold matter,” assistant U.S. attorney Paul Freeborne wrote.

Cribbing from my pal Joe Sudbay, here’s the Scribd doc. He also had this to say:

Yes, DOJ wants to keep arguing that DADT is constitutional. And, DOJ wants to be able to move for a stay.

This is not the brief of a party that wants to find a way out of this mess. The Obama administration is aggressively defending DADT when the Obama administration doesn’t have to do this. See here, here and here.

Are you feeling peachy keen about this administration yet? I love the taste of Goodyear.

Another story that broke that screams “don’t hold your breath” sounds like a bucket of BS, given the long list of promises, fibs, and foot-dragging, particularly because it comes from “ally” in the WH, Jim Messina and his super-sized ego.

Public Leadership Seminar- Political Science 391-is the only course in Missoula currently taught by Mayor John Engen, and yesterday his friend Jim Messina, White House deputy chief, stopped by to talk about his job.

Messina graduated from The University of Montana in 1993 and got his start in politics running campaigns in Montana.

After working on Sen. Max Baucus’ campaign, Messina got the attention of then-Senator Barack Obama. He now works 41 feet from the Oval Office. “I’ve measured it,” he said. “That’s what you do when you’re a kid from Montana who gets his dream job.”

Political science major John Blake asked Messina about the failure to repeal “Don’t Ask Don’t Tell,” the military policy that prevents gays from being open about their sexuality while serving in the military. The U.S. Senate voted Tuesday against repealing DADT “for largely partisan reasons,” Messina said, but he’s confident DADT will be struck down.

We’re going to get that done this year,” he said.

Honest to god, are we supposed to take this seriously when no one at the WH House, including his boss, lifted a finger while the Senate floundered?

I guess Messina and Joe Solmonese are going to do a tango to ring in the new year over their fantasized predictions of success.
Pam’s House Blend – Front Page

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LCR’s proposed injunction on DADT will ‘cover all military installations’ — expect Obama admin. to object

Karen Ocamb has done consistently excellent work covering the Log Cabin Republican’s lawsuit against DADT. She reminds us that, per the Judge’s instructions, the lawyers for LCR will be submitting their proposed injunction language today:

Meanwhile, in the other major development on the DADT front – District Court Judge Virginia A. Phillips, who ruled on Sept. 9 that the military’s Don’t Ask, Don’t Tell policy is unconstitutional, gave both sides a deadline of between Thursday and next Thursday, Sept. 23 to submit briefs on the permanent injunction against enforcing DADT.

Dan Woods, (pictured) the straight Republican the lawyer in the Log Cabin case, told me:

“As per the judge’s order, we plan to submit tomorrow (early afternoon) a proposed permanent injunction that would prevent any further application of DADT. The government then has a week to object to our proposal. The judge would then be expected to sign either our proposed injunction or a modified version of what we submit.

Our proposed injunction would cover all military installations, wherever located. We expect the government to object to this and try to limit it to California but feel we are on solid ground.

Once the judge signs the injunction, the government is free to appeal. I have no idea whether it will. If it does, it will also move for an order staying the injunction pending the appeal. We will vigorously oppose any such motion.”

Mike Signorile interviewed Woods on his show last week. He posted the audio. From Mike:

[Woods'] comments and observations are very important and under why the Obama administration must not appeal the case if the president truly believes the ban should end. And we should not accept the Department of Justice appealing the case. There simply is no reason to do so. This ruling would effectively end the ban across the country if it is allowed to stand. The judge ruled DADT unconstitutional and granted a request for an injunction to halt the discharges nationwide. Woods has until the end of the week to draw up the language of the injunction, and then the administration has seven days to respond. But, as Woods describes it, the only Department of Justice response that will change anything regarding her ruling would be an appeal. The judge is set to halt the discharges unless she is stopped by an appeal to the 9th Circuit Court of Appeals:




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