DOJ Will Appeal DADT Reinstatement Of USAF Major Margaret Witt

The Department of Justice has filed a brief announcing their intent to appeal the reinstatement of Major Margaret Witt, whose DADT-related discharge was overturned by a federal court in September. Chris Geidner reports at Metro Weekly:

With today’s filing, DOJ stated in a docketing statement required to be filed with the Notice of Appeal that the principal issue to be raised on appeal is: “Whether plaintiff’s discharge pursuant to 10 U.S.C 654 and its implementing regulations was constitutional and whether plaintiff should have been ordered reinstated to the military, subject to meeting applicable requirements respecting qualifications for continued service.”

Geidner adds that White House press secretary Robert Gibbs took note of today’s action by the DOJ and cautioned, “This filing in no way diminishes the President’s — and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy.”

Joe. My. God.

—  admin

Barney to USAF: ‘it would be an unbelievable travesty of justice to discharge’ Fehrenbach

Let’s hope someone at the Pentagon — and the White House — is listening:

The day after the U.S. Air Force agreed to temporarily block the discharge of Lt. Col. Victor Fehrenbach, Rep. Barney Frank is asking [pdf] the U.S. Air Force secretary to put an end to discharge proceedings altogether.

Frank writes, “Under any circumstances, the decision to discharge Lt. Col. Victor Fehrenbach would be not only completely unfair, but a distortion of The Don’t Ask, Don’t Tell policy. Now that we have agreement among The President, The House and the Senate Armed Services Committee that the policy should be abolished, it would be an unbelievable travesty of justice to discharge him. I strongly urge you to end the proceedings against Lt. Col. Fehrenbach.”

End the proceedings against Fehrenbach and every other servicemember facing discharge under DADT.

Here’s an idea: Instead of bitching about bloggers, the White House LGBT liaison Brian Bond should be working to prevent this “unbelievable travesty.” That would be a productive use of his time. And, at this point, if Fehrenbach gets discharged, it’s Obama’s responsibility.




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—  John Wright