White House urges Federal judge to *uphold* "Don't ask, don't tell"

[Bluebear]

As the Obama administration calls on Congress to repeal "don't ask, don't tell" restrictions on gays and lesbians in the military, it is urging a federal judge in California to uphold the policy and quoting supporting testimony in 1993 from Gen. Colin Powell, who later reversed course.

A group of gay Republicans countered Monday with a court filing that quoted both Powell's turnabout and President Obama's recent statement that the policy "weakens our national security."

The two sides have made their last written arguments to U.S. District Judge Virginia Phillips in Riverside, who has scheduled a hearing April 26 on whether to dismiss the suit or send it to trial in mid-June.

It would be the first such trial since 1995, when a federal judge in New York declared the policy unconstitutional, a ruling that an appeals court overturned a year later.

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/04/06/MNOP1CQ3G0.DTL&type=gaylesbian#ixzz0kedHdTGR

[babylonsister]

1. Gibbs Questions Justice Department Brief

http://www.advocate.com/News/Daily_News/2010/04/06/Gibbs_Impugns_DOJ_Brief/

Gibbs Questions Justice Department Brief

Robert Gibbs criticized a brief filed by the Department of Justice last week defending the constitutionality of "don't ask, don't tell."
By Kerry Eleveld


White House press secretary Robert Gibbs on Tuesday put some distance between the White House and the Department of Justice in terms of the department's approach to defending "don't ask, don't tell" in a brief filed last week. Gibbs suggested it was "odd" that DOJ used Gen. Colin Powell's 1993 testimony to defend the law because Powell has since changed his views on the matter.

"Was it odd that they included previous statements from Gen. Colin Powell on a belief set that he no longer had?" Gibbs posed, in response to a question from The Advocate. "I don’t think the president would disagree with that."

Gibbs also said he has never heard the president take a stance on the constitutionality of the "don't ask, don't tell" policy.

[Smashcut]

3. Weasel words.

"Was it odd that they included previous statements from Gen. Colin Powell on a belief set that he no longer had?" Gibbs posed, in response to a question from The Advocate. "I don’t think the president would disagree with that."

Notice he didn't disagree with the gist of their brief, which is that the policy was constitutional. Which he then confirms:

"Gibbs also said he has never heard the president take a stance on the constitutionality of the "don't ask, don't tell" policy."

What a crock of shit.

[Bluebear]

16. +

[Smashcut]

2. "the case illustrates the department's policy of defending all federal laws"

"even those the administration opposes"

I wonder if they'd say the same if the policy were racially discriminatory. You think? :eyes:

[msongs]

4. would obama free the slaves or let em rot while more studies were done. hard to say really nt

[Smashcut]

5. Gotta consider important issues like whether separate accommodations are necessary

I mean, it's nauseating. This is what I voted for?

[Bluebear]

22. Yes.

:(

[IndianaGreen]

6. Then how come Obama Administration is not prosecuting the Bush law breakers?

If their lips are moving, they are lying.

[muffin1]

13. It's obvious this administration cares little about the discrimination of GLBTers. n/t

[Maraya1969]

7. Doesn't Congress trump a federal judge? And this makes no sense

that he would be supportive of repealing DADT yet making a statement in opposition. It doesn't say that he opposes it. I think.

Oh who the Hell knows.

[Egnever]

10. Thats cause as usual its a manipulative headline that has little resemblance to truth

It wasn't the White house's statement it was the Justice departments. The OP is just looking for a way to inflame you. Its another dishonest hit piece.

The OP apparently doesn't understand the difference between a statement from the white house and a brief filed by the justice department that by the way is still chock full of bush appointees. This particular poster does this all the time. I think its unfortunate that they choose to do this as the cause they support is just and in my opinion they undermine their argument by misrepresenting what is really going on.

[ncteechur]

15. Here here. Exactly.

[Bluebear]

23. Mixed signals.

[Canuckistanian]

8. Stupid question here

Why hasn't anyone ever challenged the DADT law on constitutional grounds? Has it ever gone to the Supreme Court?

[flvegan]

9. Is it possible that the WH wants this case dismissed so that it doesn't interfere

somehow with his alleged efforts to repeal it?

Bear in mind that it's 10pm on Friday, so this might be total nonsense thinking on my part.

And I sure as hell don't want to play apologist for a shitty stance potentially supporting DADT.

[katandmoon]

11. Of course it does. I would expect nothing less.

[walldude]

12. Oh so McCain would have been better?

Sorry... had to.

[Bluebear]

17. --->

:spank:

:)

[Tesha]

26. You could have just said "#1", as in "DU Standard Reply #1"

#2 (the really shitty one) is "Then you'll love President Palin!".

Tesha

[muffin1]

14. K&R

Just another hopeful day here in Obamaland, eh?

[Betty Karlson]

19. Mr Obama, I hope, has little to do with this.

If he does, as far as I'm concerned, he has stooped to below mediocre.

[Bluebear]

21. He has little to do with it, alright

[Tesha]

27. Remind me again exactly who the Justice Department lawyers ultimately report to?

When it was John Yoo at Justice making lousy decisions re: torture, we
all blamed Bush. Why are things different now?

Tesha

[Solly Mack]

18. k/r

[Zhade]

20. Ah, change.

Would be nice to see some, instead of the continuation of institutionalized bigotry.

[Mark Twain Girl]

24. Our overlords love a good motif. nt

[Tesha]

25. Ahh, I see Obama's "fiercely advocating" again. I guess he thinks that is an acceptable substitute..

...for actually *DOING* anything to move this issue forwards in the direction
of *HIS CAMPAIGN PROMISES*.

Tesha