In February, I established a high-level working group to review the issues associated with implementing a repeal of the Don't Ask, Don't Tell law and to develop recommendations for implementation should the law change. At the same time, I directed the department to conduct a review of how the militiary implements the current policy, and, within 45 days, present to me recommended changes that would enforce the existing law in a fairer and more appropriate manner. Today I have approved a series of changes to the implementation of the current statute. They were developed with the full participation of the department's senior civilian and military leadership and the changes are unanimously supported by [Joint Chiefs of Staff] Chairman [Mike] Mullen, Vice Chairman [James] Cartwright and the Joint Chiefs of Staff. The Department's General Counsel, Jeh Johnson, and the Justice Department's Office of Legal Counsel have also concluded that these changes are consisten with the existent Don't Ask, Don't Tell law. These changes reflect some of the insights we have gained over 17 years of implementing the current law -- including the need for consistency, oversight and clear standards. The changes are as follows. [1] We will raise the level of the officer who is authorized to initiate a fact-finding inquiry or separation proceeding regarding homosexual conduct to a general or flag officer in the service member's chain of command. [2] We will raise the level of the person who is authorized to conduct a fact-finding inquiry to the level of lieutenant colonel, navy commander or above. [3] We will raise the level of the officer who is authorized to begin an inquiry or separation proceeding by, for example, specifying that information provided by third parties should be given under oath and by discouraging the use of overheard statements and hearsay. [4] We will revise what constitutes a "reliable person," upon whose word an inquiry could be initiated with special scrutiny on third parties who may be motivated to harm the service member. Finally, certain categories of confidential information will no longer be used in support of discharges including [a] information provided to lawyers, clergy and psychotherapists, [b] information provided to a medical professional in furtherance of medical treatment or a public-health official in the course of a public-health inquiry, [c] information provided in the course of seeking professional assistance for domestic or physical abuse and [d] information obtained in the course of security-clearing investigations in accordance with existing DoD policies. The services will have 30 days to conform their regulations to these changes. Meanwhile these modifications will take effect immediately and will apply to all open and future cases. In effect this means that all separations from this point forward will take place under the revised regulation. I believe these changes represent an important improvement in the way the current law is put into practice -- above all, by providing a greater measure of common sense and common decency to a process for handling what are difficult and complex issues for all involved. Of course only Congress can repeal the current Don't Ask, Don't Tell statute. It remains the law and we are obligated to enforce it. At the same time, these changes will allow us to execute the law in a fairer and more appropriate manner. The work of the DoD working group chaired by Mr. Johnson and Gen Carter Ham continues. As i told the Congress in February, I am determined that we in the Dept carry out the president's directive on Don't Ask, Don't Tell in a professional and thorough way. I look forward to the continued progress of the working group as they undertake their important task in weeks and months ahead.
Some in the press -- generally the same ones who confused Gates' position with Adm Mike Mullen's public position -- rushed to hail this as breakthrough and more. It wasn't much at all.
US House Representative Loretta Sanchez issued the following statement after Gates' announcement, "Repealing 'don't ask, don't tell' is the right thing to do. We should be recognizing our men and women in uniform for their service, not their sexual orientation. The Pentagon's decision to relax its 'don't ask, don't tell' rules is a step in the right direction, and deserves to be recognized as such. But it's not enough. No individual should have to hide who they are to serve their country, which is why Congress needs to repeal 'don’t ask, don’t tell' once and for all."
Sanchez is correct, it's not enough.
And who's running this country which supposedly is a democracy and not a junta, which supposedly has civilian control of the military?
March 18th, Senator Roland Burris again publicly stated that a moratorium was needed on Don't Ask, Don't Tell. March 3rd, US House Representative Susan Davis declared, "A moratorium on discharges would be an appropriate action to take while the Department decides how to implement repeal." Senators Carl Levin and Mark Udall are also on record supporting a moratorium.
All a moratorium would require is President Barack Obama issuing an executive order. To please some members of Congress, he issued one on Wednesday and in attendance were:
1) Senator Bob Casey
2) Representative Bart Stupak
3) Representative Kathy Dahlkemper
4) Representative Marcy Kaptur
5) Representative Nick Rahall
6) Representative Jerry Costello
7) Representative Chris Carney
8) Representative Steve Driehaus
9) Representative Charlie Wilson
10) Representative Jim Oberstar
11) Representative Alan Mollohan
12) Representative Brad Ellsworth
13) Representative Henry Cuellar
14) Representative Mike Doyle
So is 14 the magic number? Is that how many members of Congress it takes for Obama to issue an executive order?
He was happy to issue one attacking reproductive rights last week.
Why won't he issue one declaring a moratorium on Don't Ask, Don't Tell?
In February, US General George Casey made public that he opposes a moratorium on Don't Ask, Don't Tell. Of course, he also opposed the repeal of the policy.
You know what? Some generals opposed integrating the military racially. But then-President Harry Truman didn't let that stop him from doing the right thing. He issued an executive order which integrated the military immediately.
But Barack Obama wants to drag his feet. Who's in charge of the government? If it's the people, they've spoken on this issue. They've done so in polls, they did so in voting for Obama who made repeal of Don't Ask, Don't Tell one of his campaign promises.
So at what point, if this is a democracy, does the will of the people kick in?
And at what point do organizations supposedly representing the people start issuing demands? Looking around, we just count NOW: "NOW has issued a call for the immediate suspension of the military's Don't Ask, Don't Tell policy, which has been so destructive to our defense capability and to the careers of thousands of lesbians and gay men. In addition, we ask that the Obama administration, with Congress and the Department of Defense, develop a policy that permits lesbians and gay men to re-apply, without penalty, to resume their military service."