BREAKING: Department of Justice Will Appeal DADT Decision

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.

Socarides said:

“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.

This entry was posted in Civil Rights, DOJ, Don't Ask Don't Tell, LGBT Rights, News, President Barack Obama and tagged , , , , , . Bookmark the permalink.

24 Responses to BREAKING: Department of Justice Will Appeal DADT Decision

  1. Rachel says:

    So let me try to understand this. Obama is defending a policy he claims he objects to, and has been deemed to be unconstitutional by two US Federal judges? This is insane. It’s as if Obama wants to destroy what little moral authority he has left as a sophomore president. I can’t believe how he played this country with all the “Change” rhetoric. Never again, baby.

  2. Harry says:

    24 months and counting. There isn’t anything Obama can do now to get me to support his bid for reelection.

  3. Greg Equality Lengkong says:

    It was clear early on that the Obama administration had no template for LGBT civil rights.

    His handlers stuck a page in-front of him during the 2008 campaign and he warbled talking points to earn the support of our community.

    But the paradigm is very different going forward and I would bet anyone $1,000 Obama will not be reelected in 2012. The American people know they were duped by this slick talker.

  4. Brigadoon says:

    “…serious, irreversible damage.” Is the DoJ fucking out of its mind? What about the “serious, irreversible damage” DADT is causing gay servicemembers? I guess they don’t register on the White House radar.

  5. Arizona Leatherneck says:

    You know, I’m the last person on earth to tell the gay community what to think or how to vote but, you guys deserve better than this president.

    Obama is a huckster. He will tell you anything to get your money and your vote. This is what happens when you have an arrogant son-of-a-bitch who thinks he deserves to be worshiped because he’s America’s “First Black President.”

  6. Mets Fan says:

    Barack Obama: the more things change, the more they remain the same.

  7. Pechanga says:

    Servicemembers Legal Defense Network knew to warn gay and lesbian soldiers not to come out.

    They knew the Obama DoJ couldn’t be trusted and careers could be destroyed in the ensuing confusion.

    Well, I can’t add much other than to say, I think this decision by Justice is the final nail in Obama’s hopes to be a two term president.

    He’s burned bridge after bridge and just about all the political demographic groups have written the president off as not ready for prime time.

  8. VicoDANIEL says:

    The democrats lost my vote when ENDA dropped off Pelosi’s windshield.

    Prosecuting discharges under Don’t Ask, Don’t Tell has cost the American taxpayer tens-of-millions of dollars and ruined 14,000 lives. It’s a waste of money and unconstitutional.

    I, for one, never bought Obama’s “fiercest advocate” claim. He needed our money and our vote. In fact, Markos said Obama could have been elected without the support of the LGBT community. I think he’s was correct. LGBT dollars flowed into the Obama 2008 campaign like nothing I’ve ever seen before.

    It will be very interesting to see if Markos begs our community to get behind Obama in 2012 or, if he will throw his support behind a challenger, like Hillary Clinton? All I know is, I won’t be voting for Obama in ’12. Once was enough for me.

    vicodaniel1987@yahoo.com

  9. Eric Equality Kuntz says:

    The next time Obama appears at a rally and does his best Jimmy “JJ” Walker impersonation, you’re free to laugh in his face.

    Obama is a very bad actor.

  10. chlost says:

    I know that I am not as knowledgeable as all of you are, but I wonder if this might actually be for the best. If the DOJ takes this up, and the Court strikes down the enforcement of DADT, won’t that decide the issue? No one can say that it wasn’t legitimately considered, and the policy will have been squarely defeated. I don’t have a lot of doubt that it would be defeated, it is clearly discriminatory, and a violation of privacy, not to mention irrelevant to any military qualifications.
    So, could this fight against it actually be a way to permanently end it?
    Just throwing it out there………..

  11. Randy Arroyo says:

    Obama’s such a God damned coward. All he needed to do was, do nothing. That’s right. D.o. N.o.t.h.i.n.g. Let Judge Phillips decision stand. By filing the appeal, the Pentagon is now bound to keep discharging gay and lesbian soldiers under DADT. You see, if the DoJ had just let the 60 days pass, then the pressure would be on the Congress to get off their asses and pass a repeal bill for Obama to sign. But now Obama can stand up at the next State of Union address in January and he can proudly say “I stood up to those faggots.” Impeach him. Seriously, I want him gone.

  12. emcee says:

    Christopher – Barry’s pimpin’ yo ass. Don’t let him get away with it. Hold him accountable. This brother is a jive talker. Where is stradella? Wait till she gets wind of this bullshit. I’m being nice. Or least tryin’ to be.

  13. Adirondacky says:

    I saw where Obama spoke to an MTV audience and he took a question from a young man who basically said, I voted for you because you promised to treat gay and straight Americans equally but you keep defending DADT. Obama twisted and stammered and gave his 2008 stump response about opposing DADT just hours before defending it. So, we’re left to conclude the president is either 1.): delusional, or 2.): a liar.

  14. Conejo1982 says:

    Gore Vidal said Wednesday in the UK’s The Independent, “Obama is incompetent. He won’t be reelected.”

    I couldn’t agree more. We need to focus on the 2012 election and a candidate who isn’t a coward, creates jobs and stops fellating Wall Street and the banks.

    This isn’t Barry-O Bama.

  15. Jim says:

    Obama will be out of there after one term.

  16. Peace Nick says:

    Barney Frank said first ENDA, and we know what happened to it.

    ENDA would be followed by DADT repeal. Well, it appears Obama is doing all he can to placate the homophobes in the Pentagon so wave bye-bye to its repeal. And lastly, Barney Frank said the repeal of DOMA would follow DADT.

    I can’t say who’s a bigger idiot, Barney Frank or Barack Obama?

  17. Joe in Colorado says:

    Wave Adios to Don’t Ask, Don’t Tell being repealed for at least the next two years. I agree with Randy Arroyo on this one. All Obama needed to do was nothing. He was not obligated to file an appeal. But he chose to to align himself with the bigots. At least now there’s no doubt he’s more Uncle Tom than MLK. And the gay community has a long, long memory. Obama will pay a huge political price for this one.

  18. Bungy says:

    Didn’t look like the kids at the Obama MTV forum bought his explanation, either. I think everyone can tell that the Obama administration has moved from not-so-benign neglect to open hostility for the LGBT/Q community.

  19. Smooch says:

    You have an incredible grasp of the painfully obvious about this president. His talent is telling people what they want to hear in order to get what he wants out of them. Obama is the ultimate narcissist. I’m surprised his path didn’t lead him to corporate America. The halls of corporate power are filled with people like him.

  20. Rem says:

    This is what I emailed the president, although I’m sure no one reads comments sent to him:

    Mr Obama,

    I don’t care if the 2012 Republican ticket is Cheney/Palin, I’m voting green.

    Sir, I’m done with your gay friendly pretense: you’re a douche-bag, and I’ll drink poison before voting for you again.

  21. lea-lea says:

    Obama is an epic failure.

    I’m so tired of his defenders blaming the Republican minority in the congress for his shortcomings. Sorry but, blaming the minority party doesn’t hold up to careful scrutiny.

  22. fran says:

    Dear Mr. President: I don’t want to hope for change, I want actual change…. now.

  23. Obama is a balless, worthless president who will never survive reelection in 2012.

  24. TOM339 says:

    Obama can’t have it both ways.

    Either get the terrible policy repealed or uphold it. It looks like he’s upholding it.

    Obama is clearly terrified of the military.

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