Last week, Obama's Deputy Campaign Manager,
Steve Hildebrand, said that he thinks Obama is wrong to defend DOMA. And, Steve also agreed with what Joe and I have been saying: Obama doesn't have to defend DOMA in court. Unfortunately, there are still some outspoken defenders of the Obama DOJ's anti-gay position among us. Over the past year, we've noticed that the biggest defenders of the Obama administration's position on DOMA and DADT are either lobbyists with business before the White House or people who have tried to get jobs in the administration. Kind of makes you wonder where their true allegiances truly lie.
For example, lobbyist and former Clinton Justice Department official, Robert Raben has made something of a name for himself this past year by defending some of President Obama's most bigoted anti-gay policy decisions. Raben, for example, defended last year's DOJ brief in support of DOMA, a
brief that invoked incest and pedophilia, and he's now doing the White House's dirty work by
incorrectly telling the media that the
President has a duty to defend DOMA (and one assumes DADT) in court.
Funny, then, that
back when Raben worked in the Department of Justice, during the Clinton years,
DOJ refused to defend a law that attempted to overturn the Miranda decision (Dickerson v. United States). We've been unable to find any record at the time showing Raben's outspoken opposition to DOJ's decision not to defend the law in court (if Raben can provide us with proof of such a statement, we'll be happy to post it). Yet, when the civil rights of gays and lesbians are on the line, suddenly Raben thinks the DOJ needs to defend practically every law, no matter how bigoted and discriminatory.
Perhaps Raben has some nuanced explanation for the apparent contradiction. Maybe in his next interview undercutting our civil rights on behalf of the Obama administration, Raben will give us further insight into his change of mind. For example, does Robert Raben now believe that the Clinton Justice Department should have defended the anti-Miranda law before the Supreme Court, even if that led to the overturning of Miranda itself? Or would that position be too politically untenable, even for a lobbyist?
Back to Raben's analysis as to why President Obama simply must defend DOMA, and oppose our civil rights, in court.
Here is what Raben had to say to AP a few weeks ago:
Many Obama voters, particularly among gays, will push for the administration not to appeal Tauro's rulings, said former Assistant Attorney General Robert Raben. But the administration could set a dangerous precedent if it does not continue to defend the law, he said.
"You want the Department of Justice to stop because you won a case; I understand that," said Raben, who worked at the department during the administration of President Bill Clinton, who signed DOMA into law.
"But you could have a conservative Department of Justice that won't enforce hate crimes, that won't enforce employment nondiscrimination acts, that won't enforce the Ryan White Act, that won't enforce all kinds of new protections for gays and lesbians because the attorney general doesn't agree with them. That's not a regime you want to live in."
We destroyed that reasoning, as it applies to DOMA,
in our previous post. But let's apply Raben's logic to the Miranda case in Dickerson. If Raben spoke the truth, then we would have seen George Bush do exactly what Raben predicted after Clinton refused to defend Dickerson in court.
Did George Bush, even once, argue that since Clinton refused to defend Dickerson in court, Bush would then not enforce the Ryan White Act? No. Did Bush refuse to enforce all kinds of new protections for gays and lesbians, citing Dickerson as his reason? No. In fact, Bush kept Clinton's executive order outlawing job discrimination against gays in the federal workforce. Did George W. Bush do anything he would otherwise not have done simply because Bill Clinton refused to defend the Dickerson law in court?
I'm going to go out on a limb here and suggest that Republican presidents do whatever they want on important civil rights and civil liberties issues, without consulting what Democratic presidents did before them.
When Robert Raben's own Justice Department refused to defend a law in court, the sky did not fall. But we're to believe that if President Obama deigned to defend
our civil rights in court, all manner of bad things would ensue. The contradiction just doesn't make sense. Why would Robert Raben defend repeated anti-gay moves by the Obama administration but not advocate for anti-Miranda moves by the Clinton administration?
It's also important to note that the Human Rights Campaign pays Raben as a consultant. For example, Raben was at the February 1st meeting where
Jim Messina either told advocates that DADT wasn't happening, or, at best, was noncommittal. Raben went on-the-record to
defend the White House. Which begs the question, is Raben telling HRC to accept the administration's defense of DOMA in court? Is he getting paid with our own community's money so that he can undercut DOMA behind closed doors, and try to influence HRC to do the same?
Read More...