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Gates narrows who can OK discharges under 'don't ask, don't tell'

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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 09:25 PM
Original message
Gates narrows who can OK discharges under 'don't ask, don't tell'
Edited on Thu Oct-21-10 09:48 PM by Tx4obama
Source: CNN

Washington (CNN) -- Defense Secretary Robert Gates has raised the level at which gay and lesbian troops can be discharged under the "don't ask, don't tell" policy, ordering that it only be done by the secretaries of the Army, Navy and Air Force, a senior Defense Department attorney said Thursday.

In addition, the senior defense attorney hinted that the Pentagon is preparing for the possibility that the policy banning openly homosexual soldiers could change through the U.S. courts.

SNIP

The move comes a day after a federal appeals panel temporarily stopped a lower court injunction that prohibited the military from enforcing "don't ask, don't tell." The appellate panel indicated it would fully consider the case as soon as next week, but it was unclear when the legal proceedings involving a court challenge to the policy would be completed.

"Effective immediately and until further notice, no military member shall be separated ... without the personal approval of the secretary of the military department concerned, in coordination with the under secretary of Defense for personnel and readiness and the general counsel of the Defense Department. These functions may not be delegated," Gates wrote.

Read more: http://www.cnn.com/2010/US/10/21/gates.dont.ask.dont.tell/index.html?hpt=T2



Be sure to read the rest of the article :)

This is a step in the right direction!

Edited to add:

.... the move puts the question of who can be dismissed from the service for being openly gay in the hands of just six people – all of them civilian political appointees who work for an administration that thinks the law is unjust. Before Thursday's order, the dismissal of gay enlisted personnel could be done by any commanding officer at a rank equivalent to a one-star general.
http://www.huffingtonpost.com/2010/10/21/dadt-is-back-but-decision_n_772197.html

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2QT2BSTR8 Donating Member (320 posts) Send PM | Profile | Ignore Thu Oct-21-10 10:13 PM
Response to Original message
1. One step at a time. DADT is finished.
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xchrom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:15 PM
Response to Original message
2. I like watching him squirm. I hope it's as uncomfortable
As it sounded.
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:24 PM
Response to Original message
3. COPY of Gates' two page MEMO can be found on the link below
Edited on Thu Oct-21-10 10:29 PM by Tx4obama
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boppers Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:33 PM
Response to Original message
4. Back and forth, back and forth...
Arg.
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:36 PM
Response to Original message
5. The New York Times article link
Gates ‘Don’t Ask’ Memo Limits Discharge Policy
http://www.nytimes.com/2010/10/22/us/22military.html?ref=us
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pasto76 Donating Member (835 posts) Send PM | Profile | Ignore Thu Oct-21-10 10:37 PM
Response to Original message
6. which makes DADT discharge a rare bird then
The respective secretaries are pretty busy fighting two wars among their other peacetime duties. A comprehensive personnel review I can imagine are going to be very low on their list. This is an incredibly important and effective move.

So GBLT community, if you think this isn't on orders from the white house, think again.
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defendandprotect Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:43 PM
Response to Original message
7. How about we discharge Gates .... one of the prime movers of "October Surprise" ....
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EFerrari Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-21-10 10:47 PM
Response to Reply #7
8. Or arrest him for facilitating George Bush's torture program. n/t
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saigon68 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-10 04:37 AM
Response to Reply #8
25. Why the Fuck is this "Bush Bot " still there?
HEY-------

"BRING EM ON" shouted the AWOL CHIMPANZEE




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laughingliberal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 12:24 AM
Response to Reply #7
9. +1 nt
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 12:47 AM
Response to Original message
10. 'This is a step in the right direction!' - nothing short of repeal is acceptable. Period. nt
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 01:14 AM
Response to Reply #10
12. absolutely. thus, the method chosen to accomplish it: congress. nt
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Bluebear Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 03:00 AM
Response to Reply #12
13. Judges have every right to overturn unconstitutional laws, sorry.
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 03:44 AM
Response to Reply #13
15. yes they do, but you state you want a permanent repeal, and
that is for congress to do in the case of an act of congress.

i want it permanent too.


peace
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plantwomyn Donating Member (779 posts) Send PM | Profile | Ignore Fri Oct-22-10 09:49 AM
Response to Reply #15
16. A decision by the court does make it "permanent"
or as permanent as a congressional repeal.

As an example Citizens United

"The Court struck down a provision of the McCain–Feingold Act that prohibited all corporations, both for-profit and not-for-profit, and unions from broadcasting “electioneering communications.” <2> An "electioneering communication" was defined in McCain–Feingold as a broadcast, cable, or satellite communication that mentioned a candidate within 60 days of a general election or thirty days of a primary."

Anyone who turns on their TV can see that the decision by the SCOTUS permanently altered elections in the U.S.

This BS that only the Congress can repeal what the Congress legislated is the antithesis of the balance of powers as set in the constitution. It seems to me that the Prop 8 battle would be moot if the court did not have the authority to rule that DOMA is unconstitutional. The same for DADT. The court has standing to rule on both precisely because of the fact that they are the last word on what is and what is not constitutional. The Congress has the right to go back and amend the McCain–Feingold Act, using the SCOTUS ruling to guide them, to again attempt to curb corporations from buying our elections. The same with DOMA and DADT. We can only stand up and stop any attempt to reinstate the legislation, just like the corporations are doing right now to stop any strengthening of McCain–Feingold.

The question everyone should be asking is why the Obama administration chose to go in this direction. If in fact they want to repeal, they were handed a HUGE victory, so why drag it back into the courts? Why continue a battle that you have already won?

The doubts that I had about Obama from the beginning were best illustrated by his inability to recognize that "equal" means EQUAL, whether "God is in the mix" or not. So it does not surprise me that again, Obama mistakenly interprets the constitution to say that the only permanent fix is through a Congress that can't pass even the most non partisan legislation. It's BS squared. Stop believing it and start demanding that the Obama administration stop insulting our intelligence.
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FrenchieCat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 11:56 AM
Response to Reply #16
19. If the appeals lead to this Supreme Court, and they get to decide.....
Is anyone willing to risk the outcome? cause I'm not.
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Smashcut Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 03:57 PM
Response to Reply #19
23. In that case, we'll be no worse off than we are now. Legislative repeal will still be possible
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BolivarianHero Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 09:56 AM
Response to Reply #15
17. You really should no better...
The only way to reinstate DADT once its supporters exhaust their appeals is through a constitutional amendment. And you're not going to see an amendment pass when an overwhelming majority of Americans oppose it.
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laconicsax Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 11:49 AM
Response to Reply #15
18. DADT should be repealed by Congress because acts of Congress can't ever be undone?
:shrug:
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BlueIris Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 12:06 PM
Response to Reply #10
20. I agree. And still no leadership from the Admin on this crucial
aspect of basic civil and human rights for our soldiers. I am so embarrassed that I helped vote this into office.
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 01:13 AM
Response to Original message
11. K&R thank you for this excellent information, Tx4obama! nt
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 01:42 PM
Response to Reply #11
21. You're welcome. I hope the media covers the good news today! n/t
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Oct-23-10 01:33 AM
Response to Reply #21
24. how i wish they would. thanks again! nt
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 03:43 AM
Response to Original message
14. k/r
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Tx4obama Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-22-10 02:34 PM
Response to Original message
22. Here's a link to the TPM article regarding this

http://tpmmuckraker.talkingpointsmemo.com/2010/10/the_new_dadt_better_than_ever.php?ref=fpc

p.s. I am shocked that hardly none of the MSM is reporting this.
Early this morning CNN had a 'breaking news' blip about the new policy change, but that's all I've seen on TV so far ;(

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