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..
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