In October, Obama’s Justice Department tried getting the Log Cabin Republicans’ Don’t Ask Don’t Tell lawsuit thrown out. This week, federal attorneys made another go at it.
Last time around, Judge Virginia Phillips denied DoJ’s attempt to have the case dismissed. So DoJ has a new tactic: Demanding a summary judgment. And in doing so, language like this was part of its motion:
These rules are necessitated by, among other things, “[t]he worldwide deployment of United States military forces, the international responsibilities of the United States, and the potential for involvement of the armed forces in actual combat routinely [which] make it necessary for members of the armed forces involuntarily to accept living conditions and working conditions that are often spartan, primitive, and characterized by forced intimacy with little or no privacy.” Id. § 654(a)(12). Congress’s policy judgment culminated, as noted, in its finding that “[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.”
And, in the motion’s table of contents:
Remember: These lawyers aren’t acting without direction from the White House. The same White House that has stated publicly DADT is unconstitutional. And the same White House that could order DoJ to stand down.
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
Amusingly enough, the last motion arrived just as Obama was telling attendees of HRC’s gala that he was committed to a repeal. This motion arrives as Obama is telling the entire world.
UPDATE: HRC chief Joe Solmonese came up with a few words. Apparently he is upset? “We were proud when the President stood before the American people and declared in his State of the Union that it is time to repeal ‘Don’t Ask, Don’t Tell.’ If he’s going to uphold that commitment, however, he must ensure that his Administration doesn’t work against it. The time for repeal is this year, and the time for his leadership is now.” Heh. It’s like, when is it time for HRC’s leadership?
(Americablog has the full motion.)
InExile
He was never on our side, just wanted our votes. He does what he thinks is popular and best for him, not what is right and best for us. He seems to have no core belief or principals. It is and always has been “all about him”.
InExile
He was never on our side, just wanted our votes. He does what he thinks is popular and best for him, not what is right and best for us. He seems to have no core beliefs or principals. It is and always has been “all about him”.
cafavy
Why doesn’t the government just analyze other countries inclusion of homosexuals in their miltary ranks as a way to solve this problem ?
terrwill
BIG NEWS!!! THERE ALREADY ARE GAYS IN THE FREAKING SHOWERS!!!
Jason
@cafavy: Because that would be the sensible, logical course of action and what makes you think we can do that?
Cam
It’s amazing that in this day and age of the internet and immidiate news that politicians still think they can talk out of both sides of their mouths and nobody is going to notice.
Lanjier
Now is about the time the commentator “Reason” just happens to drop by and say that Obama must defend the law, even though legal expert say the Administration is NEVER required to defend a law it believes violates the Constitution, and Obama said himself he believes it does.
OK “Reason” let’s have it. Explain AGAIN why Obama is consistently so fucking unreasonable.
PopSnap
Where did Obama himself say this? Maybe I missed it, but I don’t remember seeing any announcement on television that Obama made saying
“Attention America: I changed my mind. DADT is gross becuz who wants to look at homos in showers haha”
PopSnap
Where did Obama himself say this? Maybe I missed it, but I don’t remember seeing any announcement on television that Obama made saying
“Attention America: I changed my mind. DADT is goodbecuz who wants to look at homos in showers haha”
jason
When Obama says he’s “committed” to a repeal, you know he’s not going to do it. He has no intention of getting rid of DADT. The people who believed him back in the election campaign ought to be referred to as the “gullible gays”.
Devon
I can’t believe how much of Obama’s hope and change Kool-Aid I drank in ’08. That shit has a pretty disgusting aftertaste.
wondermann
@PopSnap: He didn’t say this. This is just foolishness on a screen. Stop falling for this folks.
Pygar
Okay guys, have a nice Teaparty outing. I’m sure Sarah Palin would love to have you in the fold. And you’ll have a much better chance getting her or Mitt to be sympathetic to your concerns.
B
No. 12 · wondermann wrote, “@PopSnap: He didn’t say this. This is just foolishness on a screen. Stop falling for this folks.”
… and in addition, the DoJ lawyer who wrote what was quoted didn’t say it either – he said that Congress had said it: “Id. § 654(a)(12). Congress’s policy judgment culminated, as noted, in its finding that ‘[t]he presence in the armed forces of persons who demonstrate a propensity or intent to engage in homosexual acts would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability.'”
The court will simply have to decide what to accept – the facts or what Congress thinks the facts are. The U.S. Constitution after all does not ban stupidity per se. If it did, Obama’s predecessor would never have gotten to hold a public office.
Taylor Siluwé
Next, Birthers will show up and claim how stupid the whole country is for electing an non-American, un-America Socialist Muslim who wants to destroy us all.
*yawn*
tjr101
LOL…Queerty again trying to give a rise for the Obama bashing crowd, appropriate pic of the president by the way. Sensationalism at it’s best!
The Artist
Okay this is bad!!!!!!!!!!!!!!!! And very distasteful! Now I WANT TO KEEP DADT in place, cuz yall are nasty! PEACE PEOPLE! B a part of a new power generation!
Bunny Snuggles
Politico:
“At the same time the Obama administration is taking some initial steps toward dismantling the military’s “don’t ask, don’t tell” policy, the Justice Department is continuing to vigorously defend the policy in federal court, angering gay activists in the process.
The latest point of friction with gay advocates is a brief filed Monday night in federal court in California that repeatedly quotes from retired Gen. Colin Powell’s statements nearly two decades ago in favor of the gays-in-the-military ban without noting that Powell has since reversed himself on the issue.”
Read the whole story at Politico:
http://www.politico.com/news/stories/0310/35196.html
—————————-
Ok, it’s time for ‘bama’s buttboys (you know who you are) to stop defending this asshole.
Oh, and that trite mantra of: “watch out, do you think that Palin and Romney would be better for you” crap is getting really old. It’s like saying: Well, what would you prefer, our gang shitting on you or their gang? Yeah, because you know defecating on the GLBT community is much better when it comes out of the DNC anti-gay rectum.
Fuck a bunch of them. Vote Third Party. Let’s put another ten Bernie Sanders in the Senate and thirty more like him in the House to turn things around in November. We need a third party to act as a power-broker and a counter balance against the two entrenched parties on Capital Hill, as well as in the White House, who just scam the gullible and the system while really serving only their Corporate Puppet Masters.
Time to move on to a better way of doing things. The old saying about insanity being defined as performing the same task, like flapping your arms and expecting to fly, over and over and still believing it will work some day, is what the GLBT community is doing by putting all their hopes for change and all of their faith in a political party (the Democratic Party) which has no real desire to shake up the status quo of heterosexual privilege and who continue to exploit us for money and for votes as the fearful and unquestioning little fools they hope we will continue to be.
reason
@Lanjier: The “commentator” is right on time just for you Lanjier. Just happening to drop by: what do you think I am an employee of the administration ordered here to indulge your whimpers?
The administration said they would get DADT repealed; every effort will be made to do so following the Presidents methodology, not yours. I have argued with tons of people about healthcare reform, some think he should have gone to reconciliation from the start, he got it done his way passing a bill that will not expire in 10 years.
The justice department will do what it needs to do in the interim to protect the laws of the land passed by a coequal branch of government and signed by executive #42. #43 decided that the best way to lead was to skirt congress and the faith of the constitution, in a dangerous and reckless fashion, at every opportunity with dire consequence that will reverberate through the generations. #44 is trying to curb some of the executive abuse of the past, setting a precedent that would put some boundaries on a cowboy president that may come along in the feature. Some people hate the presidents approach, others welcome it after surviving the W era. Whatever your case is, election matter, in 2012 you will have your opportunity to judge his actions along with everyone else.
reason
@Bunny Snuggles: Bernie Sanders is a nice guy, I had the pleasure of talking with him in a private meeting, but your assuming that everyone agrees with his socialist solutions. I may agree with his thinking here and there but defiantly not enough to have his type running the government. Even though Bernie talks one way, he surly does vote with the Democrats just about every time. I rarely see his supporters rushing to hold his votes accountable, instead they hang on to his words then shout down the presidents words even though his actions haven’t deviated from them. I see third parties as a disaster, because why I may agree with you on some gay issues I doubt we would agree in the vast majority of other areas which I find important. You will end up with over 100 parties before you even began to reach peoples personal platforms.
the crustybastard
Remember: These lawyers aren’t acting without direction from the White House. The same White House that has stated publicly DADT is unconstitutional.
To the best of my knowledge, Obama has said the policy was discriminatory, unfair, and wrong, but not unconstitutional.
Michael @ LeonardMatlovich.com
@ “Reason”….it is to laugh.
The right or wrong of such court briefs aside; the issue of actual repeal of DADT by Congress aside; the President has declared that DADT discharges are an injustice that weaken national security. [White House, June 29, 2009]
So why is the leader of our country CHOOSING to weaken national security by continuing those discharges day after day, week after week, month after month, rather than using the legal powers CONGRESS gave the Presidency in 1983 in 10 United States Code 12305 to override ANY law and stop ANY discharges in the name of national security?
In short: what was the Kool Aid flavor in the Obama Borg Cafeteria today?
FunMe
I say we DON’T ASK, DON’T GIVE
http://salsa.wiredforchange.com/o/6006/t/5410/petition.jsp?petition_KEY=727
“President Obama promised to be a “fierce advocate” for LGBT Americans. But while making modest progress on a scant few issues, on the major campaign promises made to our community, the President and the Democratic party have failed to keep their commitments.”
“Until the Democratic Congress passes, and President Obama signs, legislation enacting ENDA, repealing DADT, and repealing DOMA, we ask you to join us in pledging to postpone contributions to the Democratic National Committee, Organizing for America, and the Obama campaign. This temporary (we hope) boycott is sponsored by AMERICAblog, and cosponsored by Daily Kos, Michelangelo Signorile, and Paul Sousa, among others.”
Bill Perdue
Obama and his War Department may have changed their mind about needing LGBT cannon fodder – maybe they’re not so stupid after all and realized they weren’t going to get mass enlistment by GLBT working people if they repeal DADT. Could it be that they figured out that the addition a few dozen more careerist officer types might just piss off the christer officer corps.
The insulting part of all this is that the DoJ raised the same sort hateful, bigoted remarks it did on more than one occasion defending the other half of Clintons legacy of bigoted laws, DOMA.
The Obama Administration seems not to understand that there’s been a sea change in thinking by voters. It’s no longer possible for Democrats to betray constituencies and at the next election tell we have to support them because the Republicans are worse. They’re not even sort of worse, in spite of the rabid histrionics of shills come election time.
People in very large numbers can see that participating in the two party shell game is a losers strategy. The dawning awareness that both parties are, in the final analysis, tools of the looter class with only minor differences explains the 2008 vote. Obama got a bit over 1/3 of the voters, McCain a bit under 1/3 and the final 1/3 simply boycotted the elections. The boycotters were the only smart ones.
People who mistakenly voted for Obama or McCain should tattoo their foreheads with the reminder: “PLEASE, STOP ME BEFORE I VOTE AGAIN.”
Obama is in the process of betraying most of the promises he made to us and others.
Trade unionists – he busted the UAW, the jewel in the crown of US Labor while Republicans chortled.
GLBT folks – he just gets worse and worse – we need another massive anti-Obama rally like the March on Washington. Obama and the Democrats are in bed with theocrats and the Republicans are livid that they were out-Roved.
Environmentalists – his record is abysmal and just got worse. The US is the world’s chief consumer-polluter and he just authorized more offshore drilling. Republicans love him for raping the environment.
Immigrant and imported workers – he adopted a racist and medically dangerous policy of denying health care to millions of hardworking, taxpaying people, many of whom fled Mexico and Central America to escape the economic devastation caused by Clinton’s NAFTA.
Women – he’s denying the right for federal funding for a necessary medical procedure – abortion. He’s kowtowing to the theocrats.
Health care – he’s a lap dog of the insurance industry, Big Pharma and HMOs. Again the Republicans are livid. Democrats got most of the bribes, er, campaign contributions from insurance companies this time around.
The Obama Administration, with the help of bipartisan support from Congressional accomplices, made draconian cuts in social services while giving trillions to the obscenely overfed looter class.
The Wars and Occupations are going on and on and causalities are mounting. And that’s not a betrayal. He’s doing what he said he would and those who callously voted for his war policy ought to rethink why they supported the death and maiming of new waves of GIs and civilians from Palestine to Pakistan.
declanto
Paul Rudnick lampoons a gaseous general:
I do not see how permitting open homosexuality in these communities enhances their prospects of success in battle. Indeed, I believe repealing “don’t ask, don’t tell” will weaken the warrior culture at a time when we have a fight on our hands.
—General Merrill A. McPeak, former Air Force Chief of Staff, on the Op-Ed page of the Times.
Read more: http://www.newyorker.com/humor/2010/03/22/100322sh_shouts_rudnick#ixzz0jkyvxSeZ
Cam
No. 9 · PopSnap
Where did Obama himself say this? Maybe I missed it, but I don’t remember seeing any announcement on television that Obama made saying
“Attention America: I changed my mind. DADT is goodbecuz who wants to look at homos in showers haha”
___________________________
Because the Department of Justice is under the authority of the White house. Your commenting that “Obama Never Said this”. is the same thing as the CEO of a company like Toyota trying to say “I never said that we should cover up faulty cars” when memos written by his senior staff over the past 5 years show up in court saying “Cover up faulty cars.” Yes, the CEO didn’t write the memo, but the CEO ran the company and oversaw the policy of hiding faulty cars. The DOJ lawyer is using the statement made by Congress to ask the court to legitimize the DADT policy. And if they are sucessful, it could take the policy off of the White House’s plate because the Supreme Court just enshrined the damn thing. If the WH told the DOJ to just not appeal the case, this would have been settled already. So please don’t try the old “Did the words come out of his lips?” B.S.
Rainfish
For all of you who insist that the DOJ must defend any law passed by Congress, then why is the DOJ not insisting that the DOA enforce anti-drug laws in California — specifically involving the use of marijuana? It is the DOJs duty to ask for prosecutions of those who violate federal laws, isn’t it?
Hmmmmmm…yet Obama has taken a “hands off” approach to enforcement of federal drug laws as it relates to personal use of marijuana in those key Democratic states.
Obama seems to pick and choose which laws Congress passes that he wants to enforce. Or maybe he just doesn’t want to piss off the college-crowd and pothead wing of his base.
The GLBT community has raised more money for the DNC than any other minority, yet the Obama administration and the DNC think that we are too fearful to leave the flock, not matter how the Democrats ignore and abuse us. But November is right around the corner, and it is time for the GLBT community to tell the DNC when it has its hand stuck out again to “Don’t Ask, we Don’t Give” — as has been suggested before.
In a close election that can be won or lost by just a few percentage points, the Dems know just how important (or useful) the GLBT community is to their goals — it’s time the GLBT community use that as leverage instead of letting them take us for granted. They are just fooling us into thinking that they are our last port to lay anchor in during this social/civil rights storm. They aren’t. Let’s find a new harbor.
Paschal
@FunMe: Oh yeah, do that. Is there anthing else you can think of which will help Republicans regain control of Congress? The Democrats, alas, are the lesser of two evils.
B
No. 25 · Rainfish wrote, “For all of you who insist that the DOJ must defend any law passed by Congress, then why is the DOJ not insisting that the DOA enforce anti-drug laws in California — specifically involving the use of marijuana? It is the DOJs duty to ask for prosecutions of those who violate federal laws, isn’t it?”
First, it was medical uses of marijuana only. Second, law enforcement organizations, whether the FBI or your local police department, don’t have the resources to go after every miscreant, so they have to prioritize what they do. The administration’s decision is that arresting cancer patients using marijuana to relieve the side effects of chemotherapy is of far lower importance than other things they could be doing – like hopefully trying to catch people like Bernie Madolf before they do as much damage of Madolf did. Third, the DoJ acts as the government’s law firm. When someone sues the government (e.g., claiming a law is unconstitutional), the DoJ is supposed to defend that law in court if there is any decent argument in the law’s favor.
So basically, you can’t compare prioritizing which crimes to investigate given limited resources with representing the government in court when the government is sued.