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SHOCK: DoJ Will Appeal DADT Ruling, Asks For Immediate Stay

In an internal memo the Air Force’s Lieutenant General Richard C. Harding today instructed its JAG officers that until DoJ decides whether to appeal the DADT ruling, they must abide by the court injunction that says the military must move “immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding.” It appears the instruction isn’t limited to the Air Force, but the entire Department of Defense. UPDATE: Not so fast.

DoJ has announced it will appeal the decision and, in the meantime, wants an immediate stay of the ruling, keeping DADT in effect..

FULL MEMO:

Members of The Judge Advocate General’s Corps,

On 12 October 2010, a federal district judge of the Central District of California issued an injunction barring the enforcement or application of 10 USC 654, commonly known as the “Don’t Ask, Don’t Tell” statute. A copy is attached. At present, the United States Government is contemplating whether to appeal and to seek a stay of the injunction. In the meantime, effective 12 October, the Department of Defense will abide by its terms, as follows:

The District Court “permanently enjoins defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys and all persons acting in participation or concert with them or under their direction or command from enforcing or applying the “Don’t Ask, Don’t Tell” Act and implementing regulations, against any person under their jurisdiction or command.”

The District Court further “orders defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the “Don’t Ask, Don’t Tell” Act or pursuant to 10 USC 654 or its implementing regulations, on or prior to the date of this Judgment.”

Further guidance on this and related issues will be provided as it is made available by DoD. Inform your commanders of this injunction and its terms. Direct any questions to the Administrative Law Division, AF/JAA.

RICHARD C. HARDING
Lieutenant General, USAF
The Judge Advocate General

EARLIER:
Navy Still Upholding Unconstitutional DADT Law, Turning Away Gay Recruits


  • 17 Comments
    • Cam
      Cam

      And thats a big middle finger to all the knee jerk Obama-bots who come in and scream “This decision can’t effect the military because it’s just a CA district court!”

      And once again fools…it was a decision from a federal court, and the only thing that can alter it is if a higher federal court comes to a different decision.

      Oct 14, 2010 at 3:32 pm · @ReplyReply to this comment ·
    • Stephen Thorn
      Stephen Thorn

      FANTASTIC news!!!Hopefully, since the military seems willing to abide by this judge’s ruling, neither the U.S. Attorney General nor the Justice Department will appeal this now…

      Oct 14, 2010 at 3:39 pm · @ReplyReply to this comment ·
    • Mark
      Mark

      Great news if DADT is finished.

      Let’s remember that its cancellation (if it holds) had nothing to do with Obama, the Deocratic Party or the HRC.

      Oct 14, 2010 at 3:55 pm · @ReplyReply to this comment ·
    • declanto
      declanto

      Let’s all lift an extra-large middlefinger and wag it in the specific direction of the HRC, it’s bloated obstructionist superstructure and all their attendant irrelevancies. They can join the ranks of the unemployed or rejoin the ranks of the meaningfully employed.

      Oct 14, 2010 at 4:20 pm · @ReplyReply to this comment ·
    • grayyoung
      grayyoung

      too bad the DOJ just requested a stay about an hour after the DOD said it would halt dismissals. FUCK THIS ADMINISTRATION

      Oct 14, 2010 at 4:44 pm · @ReplyReply to this comment ·
    • Devon
      Devon

      Obama is appealing. Quelle surprise.

      http://maddowblog.msnbc.msn.com/_news/2010/10/14/5291677-update-obama-appealing-dadt-ruling-discharges-on-hold-for-now

      This is still great news though. The discharges are still on hold and it looks like, despite the Obama administration’s best efforts to keep it in place, this policy is finally in it’s last death throes. With discharges on hold, it makes sense that we might see a sort of mass coming out, and if something like that were to happen I just don’t see how they could try to force the toothpaste back in the tube.

      Oct 14, 2010 at 4:46 pm · @ReplyReply to this comment ·
    • Ian
      Ian

      I’ve said it before and I will say it again, this White House and DOJ wouldn’t DARE put a stay to enforce these laws if they were applied to ANY other minority such as black, latino, women, jewish, etc. ONLY Gay Americans get to be treated like 2nd class citizens under the law in the 21st century. SHAME on our President for continuing to enforce DADT and DOMA, he sure as hell wouldn’t if it applied to half of his own heritage.

      Oct 14, 2010 at 6:20 pm · @ReplyReply to this comment ·
    • AndrewW
      AndrewW

      Thank GetEQUAL for all the childish “pressure” they put on Obama. I think they pissed him off. As of last week the Plan was to wait until after the Mid-terms. I guess pissing on the President isn’t a good idea.

      Oct 14, 2010 at 10:44 pm · @ReplyReply to this comment ·
    • Kieran
      Kieran

      @AndrewW: Its an even worse idea to piss on the very people who worked to get your ass elected. The elections are 3 weeks away. I’ll certainly be voting. But I’m so proud to be registered INDEPENDENT.

      Oct 14, 2010 at 11:18 pm · @ReplyReply to this comment ·
    • Clarence J.
      Clarence J.

      @Ian: I totally agree that if this was happening to any other minority group it would have been stopped along time ago, except in the 1940s and 50s when African American men had to go through similar discrimination and women through the rest of the late 20th century. Before they got to the point where it would seem ridiculous to discriminate against them in the way our country does gay and lesbian Americans today, they went through what we went through–if not worse; so drawing parallels today is completely out of context.

      I can’t defend Obama and the DOJ’s action on this, because whatever short term political maneuvering appealing this decision might win them, it is a net loss in the long run.

      I honestly believe if Obama decides to go through with this all the way up the court hierarchy, he should at least give a speech justifying why he believes it’s worth the DOJ and court’s time to argue over a policy he is trying to repeal and believes is, as he said, unjust. If he is unable to articulate a clear reason to the American’s people face then I don’t think it serves him or the country any good.

      Oct 14, 2010 at 11:32 pm · @ReplyReply to this comment ·
    • B
      B

      No. 1 · Cam wrote, “And thats a big middle finger to all the knee jerk Obama-bots who come in and scream ‘This decision can’t effect the military because it’s just a CA district court!’ And once again fools…it was a decision from a federal court, and the only thing that can alter it is if a higher federal court comes to a different decision.”

      Hate to burst your bubble, but read http://en.wikipedia.org/wiki/Precedent for an overview. There are two types of precedents, persuasive precedents and binding precedents. A binding precedent comes from a higher court.

      Oct 15, 2010 at 12:59 am · @ReplyReply to this comment ·
    • eyesiq
      eyesiq

      WE CAN’T LET THEM NOT FIRE MAYBE GAY SOLDIERS!

      the hell?

      Oct 15, 2010 at 3:29 am · @ReplyReply to this comment ·
    • jason
      jason

      Regarding Obama’s claim that he’ll repeal DADT “on his watch”, how is this actually going to happen? If the military releases adverse findings in its DADT survey due December, Congress won’t want to repeal. Come January, and the new Congress is installed, there will no longer be a Democratic majority in either House. From then on, there’s a snowflake’s chance in hell of getting a repeal.

      Obama seems to have painted himself into a corner, a combination of incompetence and lies.”

      Oct 15, 2010 at 8:22 am · @ReplyReply to this comment ·
    • Daniel
      Daniel

      If the Obama Administration wishes to get rid of the policy, why appeal this verdict? And, for that matter, why appeal the pro-LGBT marriage rulings in Massachusetts and California?

      You’ll find one explanation here.
      http://www.dailykos.com/story/2010/10/13/92357/007

      “The short version,” says the author (“no apologist for Obama”), “is that the US legal system often works in ways that are deeply counter-intuitive. We should not only expect that these cases will be appealed, we should desire that they are. The sky is not falling. We are not doomed. Do not panic about these (or similar) appeals. That’s how the US legal system works. It’s long and slow sometimes, but taking shortcuts isn’t how to win the day.”

      Oct 15, 2010 at 8:32 am · @ReplyReply to this comment ·
    • Tony O
      Tony O

      We need to send our money to GetEQUAL so they can continue to win these battles. Robin gets it – we need to take to the streets, we need to taunt the President and we need to let them know we will take them out if they don’t do what we want. Threatening is the best strategy.

      Donate today. Robin is the new leader of the LGBT movement.

      Oct 15, 2010 at 11:53 am · @ReplyReply to this comment ·
    • Ian
      Ian

      @Tony O: Done and $$$ done!! :)

      Oct 15, 2010 at 6:32 pm · @ReplyReply to this comment ·
    • Jenny
      Jenny

      @Ian: I’m with you buddy, Robin knows how to handle Obama and his cronies. She has them on the run. It’s our time to force these idiots to give us our equal rights.

      Get Active. Get Equal, or Get Fucked.

      Oct 15, 2010 at 8:58 pm · @ReplyReply to this comment ·

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