Lt. Col. Victor Fehrenbach’s Discharge Under DADT Suspended

On Wednesday, I posted that Lt. Col. Victor Fehrenbach, a decorated 19-year veteran flight officer for the U.S. Air Force, is suing to block his discharge under "Don't Ask, Don't Tell". Today, the AP reports that the military has halted the discharge for now:

Fehrenbach "The Servicemembers Legal Defense Network says an agreement reached Monday prevents the Air Force from discharging Lt. Col. Victor Fehrenbach until a judge can consider its request for a court order to stop his ouster from the military.

The network, an advocacy group seeking equal treatment of gays in the military, is representing Fehrenbach in his legal fight to keep his job and last week filed a federal lawsuit in Idaho.

The lawsuit asks for an order to stop the Air Force from
discharging Fehrenbach until a full hearing can be scheduled. It also wants the law declared unconstitutional."


  1. Pete says

    Under the DADT clause; paragraph 5 section 4 subsection 3, line 2; one may not be discharged for being gay, bald and having a dimple on the chin. Just too many strikes against them in life. Bazinga!

  2. says

    That’s a very loose interpretation of suspend; a more apt description is “delay for now.” And, as usual the hacks at AP don’t know their assholes from holes in the ground.

    The Air Force did NOT agree to not discharge him until a court can rule on it. They only agreed not to do anything before August 27th and, should they then decide to discharge him, give his attorneys 20 days to do whatever, which, of course, would include rebooting the request for a restraining order.

    In short, all Obama, Inc., is saying is, “See you in court IF necessary.” And the only reason they agreed to that [versus proceeding with discharging him and, then, fighting to defend it AFTER the fact as occured in the cases of Keith Meinhold, Miriam Ben-Shalom, and Perry Watkins, et al.] is what they’ve done again and again by various methods from White House Tea Party forward: when the gay natives become restless, throw a crumb to narcotize some of the outrage, and buy a little more time, which, as we’re roughly two and a half months until midterms, is more crucial than ever.

    I think the suspicion that they were about to discharge him was likely a false alarm. Again, all we know for certain is that they’ve agreed not to make a decision before August 27th to discharge him. Doesn’t say they HAVE to decide by then. They can just keep putting it off, leave most LGBTs sleeping in the poppy field, indefinitely, or at least until they can pimp a few more dollars and votes out of us for midterms.

    Of course, I don’t care by whatever hook or crook Fehrenbach might be saved. But if push does come to shove, I remain doubtful that they’ll agree any of the new regs save Fehrenbach when HE was the ultimate “reliable source” confirming his own violation. There’s nothing in the new regs that unequivocally puts that toothpaste back in the tube. We quote again:

    “If there is compelling evidence that a person has engaged in homosexual conduct, I would not expect that these new regs would make a difference.” – Pentagon General Counsel Jeh Johnson, March 25, 2010.

  3. Steve says

    The interesting thing is, it looks as if they blinked. That in itself is significant.

    We spent $20 million training this guy and we’re booting him out? It’s madness.

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