Barack Obama | Don't Ask, Don't Tell | Military | News

Judge Officially Denies Stay on DADT Injunction as White House Continues Down Muddled Path


It's official. Federal District Judge Virginia Phillips has rejected the government's request for a stay on the injunction she issued barring enforcement of the military's "Don't Ask, Don't Tell" policy.

White House Press Secretary Robert Gibbs was asked about Obama's position on the policy at today's press briefing.

Gibbs seemed vague, at best, in explaining the administration's path on the issue, considering there isn't one. You can read most of the transcript of the relevant questioning, here.


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  1. Obama and his administration blinked, they blew their chance to control this issue, it got away from them. I don't expect ENDA or DOMA to be any different...

    Posted by: jsb | Oct 19, 2010 10:40:23 PM

  2. This should have been done swiftly and cleanly, no bullshit, like the way Truman desegregated the armed forces with an executive order. Obama, even Bill Clinton, could have Easily DONE this. They just didn't have the balls. Interestingly enough Obama didn't lack the balls to put the U.S. 3 trillion dollars into debt, continue to bailout big businesses and Wall Street casinos...but signing an executive order integrating openly gay service members was just too much for him. Even after what gays, as a group, did to help him get elected, part of his rainbow mosaic. Even now, his justice department can't admit defeat or gracefully accept it. He and his justice department are even at this late hour twisting the knife in the back of gays.

    Posted by: ratbastard | Oct 19, 2010 10:47:07 PM

  3. hate to use the terminology, but they're a bunch of pussies.

    Posted by: tc in nyc | Oct 19, 2010 11:04:38 PM

  4. Such inspiring leadership. Congratulations Obama - Yes you can and yes you did ride the coattails of the worst leadership in decades to a TOTAL DEMOCRATIC FAIL. You and Jimmy can enjoy a beer together in 2013 (at his house).

    Posted by: Tom | Oct 20, 2010 12:03:46 AM

  5. Imagine what these issues would be like if the GOP won? C'mon give some credit to a friendly administration...politics suck

    Posted by: John Normile | Oct 20, 2010 12:25:23 AM


    You need to understand the facts: segregation of the military was not Federal Law, it was social law. That distinction gave Truman the ability, by Executive Order, to desegregate. President Obama does not have such authority, as DADT is the law of the land- thanks to Bill Clinton.

    Let us get our facts straight before we start broadcasting!

    Posted by: Brains | Oct 20, 2010 12:48:42 AM

  7. Most of you simply do not have the facts!

    Unfortunately, most of you are as clueless as Sarah Palin!

    Posted by: Brains | Oct 20, 2010 12:52:43 AM


    DADT doesn't need "repealed" to stop discharges. Since the moment he was sworn in, Obama has had the unilateral, unequivocal Congressionally mandated power to stop discharges under federal law “10 United States Code § 12305”— “Authority of the President to Suspend Certain Laws Relating to Promotion, Retirement, and Separation.” It reads [emphasis mine]:

    “Notwithstanding ANY other provision of law, during any period members of a reserve component are serving on active duty pursuant to an order to active duty under authority of section 12301, 12302, or 12304 of this title, THE PRESIDENT MAY SUSPEND ANY PROVISION OF LAW relating to promotion, retirement, OR SEPARATION applicable to ANY member of the armed forces who the President determines is essential to the national security of the United States.”

    That 1983 law has already been ruled constitutional by the Supreme Court. A supermajority vote is required for Congress to override any executive order, and they'd never get it.

    In June of LAST year, Obama said such discharges "weaken national security."

    "Stop-loss" of gay discharges has been applied at various points during every conflict we've fought going all the way back to and including WWII.

    Bottomline: Obama HAS the way; he just doesn't have the will because he has inexcusably surrendered control of the issue to Pentagon bigots.

    Posted by: Michael @ | Oct 20, 2010 12:58:49 AM

  9. Brains,

    You are correct. My bad. DADT is indeed a Federal law and the president can't repeal it. WHY has the DEMOCRATIC controlled Congress still not repealed DADT? Not gonna happen now because they're gonna lose control in 2 weeks. It should have been repealed by now, and the president could have reinforced new regulations with Executive Orders. Neither of them had the balls [or cared?] to do it. Were they hoping this would be a way of getting concerned 'progressives' out campaigning and voting in the midterms? Just campaign, vote, and contribute one more time guys, and we promise we'll repeal it after the midterms?

    I still stand by the what I posted previously. More aggressive action on the part of both Obama, Clinton and the 'progressive' Congress should have settled this a long time ago.

    Posted by: ratbastard | Oct 20, 2010 1:16:06 AM


    I was unaware of federal law “10 United States Code § 12305”

    I'm aware of the super majority needed to overturn an E.O. This means even with a Republican majority after the midterms, he could still do it?

    Posted by: ratbastard | Oct 20, 2010 1:22:06 AM

  11. Gibbs has got to be tired of saying the same thing over and over because I'm sure as shit tired of hearing it.

    Posted by: Tony D | Oct 20, 2010 2:51:39 AM

  12. "Imagine what these issues would be like if the GOP won? C'mon give some credit to a friendly administration...politics suck"

    Well, rather sadly, it would be the exact same thing because -- let's be really clear about this for all the Obama apologists out there -- it's the court that is making this change, not Obama, not the Democratically controlled Congress -- the court. They would make the exact same decision if the Republicans were in charge. It'll be the same with DOMA. All those donations (can I have my $2,000 back, please?), all the volunteering, accomplished nothing.

    Posted by: PeteS | Oct 20, 2010 5:25:41 AM

  13. The WH has dodged with this doubletalking BS at every juncture in the past two and a half years. The truth is: Who are the homophobes in the White House? Axelrod? Medina? Jarrett? Michelle? Barry? (Rohm is gone.) The whole bunch of smug a-holes who came up with the invitiaton to Rev. Warren even before they were sworn in--telling gays to keep their distance? Of course they smear their intent by hauling the a-kissing gay activists in for their red-carpet events.

    Posted by: Esurb | Oct 20, 2010 7:40:47 AM

  14. Who do we call within the Obama administration to express our disgust for the way this affair is being managed? Yes, I've called my senators (and other senators). Yes, I've called my U.S. representatives. I want to talk to somebody in the executive branch.

    Posted by: Jeff | Oct 20, 2010 9:49:50 AM

  15. I am completely disgusted with the attitudes in most of these comments. First, if you know anything about the way the law works, the President cannot sign and executive order overturning a law. Second, The law is not defunct until the appeals process is either abandoned or completed, of which neither has been exhausted. I am not happy with how this has gone either, but I know where the blame lies and it is not with this President trying to do things according to the law, it is with the Republicans who already voted it down once in the Senate and who have been causing all the delays.

    Posted by: don | Oct 20, 2010 10:25:05 AM

  16. true obama couldn't repeal the law on his own, but could have stopped the discharges pending repeal. the administration could have chosen not to appeal the judges ruling.also this has just shown that the military hass lost track of who runs the country because once obama said he wanted to repeal DADT opposition from the generals should have stopped. this administration has handled DOMA the same way. the law gets overturned by the court and doj files a very nasty appeal. fierce advocate. in two weeks when the dems go down the toilet bet obama blames the gays.

    Posted by: walter | Oct 20, 2010 10:50:18 AM

  17. Obama seems pretty clear. The policy will be overturned.

    It is surprising to see how many people are so quick to trash him. Yes, I wish the process could be quicker, cleaner. But not much about anything in life is that simple. To demand the process to be clean and happen right now is pretty naive. Particularly changing an institution as conservative and complex as the military.

    Meanwhile, all the hate directed at Obama is fueling a conservative tidal wave that is about to sweep the country. Who cares, you say? Obama is a disappointment? Just wait until this conservative wave hits. Then NOTHING will get done. Considering the Federal Law, DADT, needs Congressional approval, how will it get reversed then? Think of all the conservative judges that will be appointed by the hundreds of new conservative lawmakers that will make curtailing our rights a priority.

    It is simply alarming that people can't see strategically into the future and how easily everyone in the community falls into a "tea party" like tirade against the president who has said he will repeal the law. Don't any of the haters out there play chess?

    Meanwhile, the LA Times is reporting that gays are being allowed to openly sign up. Of course, this may be moot if the conservative tidal wave arrives as expected and DADT is not repealed. They will have signed up just to be kicked out.

    Posted by: dms | Oct 20, 2010 12:17:58 PM

  18. @Michael :
    thanks for your detailed post.
    Looks to me that there is more integrity on that particular Federal Bench than can be found in the White House.

    The performance of Obama, elected with such enthusiasm for change , has settled into a tedious hum-drum of fear of change.

    Imagine anyone even considering the preposturous proposal of separating gays from straights in the military ?

    What aversion does the US Military have to following the example of other NATO Allied armies ?
    Name one country that separates the gay soldiers from the straight soldiers.
    Sweet Jesus....this is the 21st century.

    Posted by: JackFknTwist | Oct 20, 2010 12:26:23 PM

  19. Obama lives in a dream world. Almost every promise he made before being elected he has failed on. Even health care reform is worse than before in many respects. DADT and DOMA are more examples of his failure. He fucked up majorly when he first got elected and had the country behind him. That's when he should of accomplished something. Instead he continued to bail out wall street and big banks and corporations while we all ate shit. I want my donations back. As a vet and senior citizen who supported him, I am totally sorry. At least if the Republicans were in office we would have known who our enemies are up front. The way it turned out it took a couple of years to find out Obama was our real enemy. What is the saying....A fox in sheep's clothing". Frack him.

    Posted by: Robert | Oct 20, 2010 12:42:18 PM

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