Thursday, October 14, 2010
Breaking news from The Advocate:
The Department of Justice will request a stay Thursday of U.S. district judge Virginia A. Phillips’ injunction barring enforcement of “Don’t Ask, Don’t Tell,” sources have confirmed to The Advocate.
Sources said Justice Department attorneys are expected to file the request this afternoon.
If Phillips denies the request for a stay, government attorneys are expected to file an emergency request to the U.S. court of appeals for the ninth circuit.
Few were surprised by news, least of all the leadership of the Log Cabin Republicans, which will oppose the application for a stay of Phillips’ injunction.
Christian Berle, deputy executive director of the Log Cabin Republicans who brought the original lawsuit successfully challenging the ban said:
“After years of fighting this lawsuit, Log Cabin Republicans expected that the Obama administration would continue to pull out all the stops to defend “Don’t Ask, Don’t Tell.” Log Cabin Republicans will continue to advocate on behalf of the American service members who every day sacrifice in defense of our nation and our Constitution.”
Richard Socarides, a New York lawyer and former LGBT adviser to President Bill Clinton, said getting the stay on the suspension of discharges was not guaranteed and that if the court of appeals failed to grant it, the Justice Department would have to appeal to the U.S. Supreme Court.
In order to get the stay, Socarides said the government would have to prove it would suffer serious, irreversible damage if it were denied.
“It’s considered an extreme remedy. Just coming in and saying that it would be better to do it in a more orderly fashion isn’t enough.”
During a briefing with reporters Wednesday morning, White House press secretary Robert Gibbs stumbled through a bizarre explanation of upholding a policy Obama is allegedly opposed to:
“The president has implemented a process with the Department of Defense, with the secretary of Defense, with Admiral [Michael] Mullen and the other members of the Joint Chiefs to move forward in implementing an end to this policy in an orderly way. The best way to end it is for the Senate to follow the lead of the House so that that end can be implemented in a fashion that’s consistent with our obligations in fighting two wars.”
Frankly, I’ve reached bowel tolerance with this administration and it’s phony commitment to the LGBT community. President Obama could, under stop-loss, issue an Executive Order immediately suspending DADT discharges until Congress passes repeal legislation. But, this would require leadership from the president and if we’ve learned anything after two years of an Obama administration, this president is poor excuse for a leader.
Onward to 2012 which can’t get here soon enough for this blogger.