First, Steve Benen:
About a month ago, U.S. District Judge Virginia A. Phillips found that the military's "Don't Ask, Don't Tell" policy is unconstitutional, violating due process and the First Amendment. Phillips added that the policy has a "direct and deleterious effect" on the armed services, "impeding military readiness and unit cohesion."
At that point, the judge called for the plaintiffs to submit a proposed injunction limiting the law. Today, Phillips ordered the military to "immediately ... suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the 'Don't Ask, Don't Tell'" policy.
And...
The Justice Department will have 60 days to appeal to the left-leaning 9th Circuit, which seems likely. White House Press Secretary Robert Gibbs didn't comment on the legal strategy, but reiterated that President Obama "will continue to work as hard as he can to change the law that he believes is fundamentally unfair."
Okay, it was speculated in this space not too long ago that someone stabbed the President in the back in regards to DADT repeal in connection with the Defense Authorization Bill:
I thought it was highly important that she highlighted her own interview with the Vice President, where he talked about a "deal" to keep the prosecutions going in order to get the votes.
Now, it looks like someone stabbed the Administration in the back.
That's who the Gay Community should be pissed at today.
And yeah, Rachel is right. I think the Obama Administration should go back on its word now, and end the prosecutions by Executive Order.
Now ending the prosecutions by Executive Order is moot. Judge Phillips took care of that this afternoon.
What I'm afraid is going to happen is the Obama Administration still thinks it has a chance to pass DADT Repeal after the Midterms in the Lame Duck session, thus they will feel honor bound to fight the Court ruling in order to live up to that deal.
Are you following that? In order to repeal DADT through Legislation, the White House needs to fight in favor of DADT in the Courts, all so they can preserve a deal to pass...DADT repeal in the Senate.
Head...hurts...ouch.
Thus, marking occasion number three where I have disagreed with the President, let me say, this is a boneheaded strategy.
This is "burn the village in order to save it" thinking.
All this is going to do is further alienate the Gay and Lesbian communities (if that's even possible), all in the name of a secret deal that they won't explain, or put the finger on somebody over.
This is the one problem with having former Senators as President and Vice-President, even ones I like in Obama and Biden.
My one major problem with the Senate...remains Senators.
Aside from the massive ego on display every day by Senators, there's the problem that they always seem more loyal to the Senate than they are to anyone else. The geniality of the body is more important than the laws they produce.
Mr. President, whoever this person is, burn them. Put their name out there, and let the Gay Community go to work on them.
