Just got off a conference call with SLDN's Executive Director Aubrey Sarvis. He gave an update on what's happening with the repeal of Don't Ask, Don't Tell.
The key players are doing what we can to bring Secretary Gates back to the table after the now-infamous April 30th "no repeal this year" letter. The bottom line is that the Secretary's public posture is that there shouldn't be a repeal vote this year before the Pentagon's report on DADT is finished.
SLDN has been pushing a repeal bill that provides for "coordinated and delayed implementation." Under that scenario, there would be repeal language added to the House and Senate versions of the Defense authorization bills. That legislation won't make it onto President Obama's desk until mid-October. Assuming a delayed implementation, the final repeal would take place sometime next year.
According to Sarvis, Rep. Patrick Murphy is convinced that he has votes for full repeal in the House. Tomorrow, the House Armed Services Committee is marking up
H.R. 5136, the National Defense Authorization Act for FY 2011.
There should be no DADT-related votes on repeal in Committee tomorrow. That's based on an agreement with Rep. Skelton, but there's always a chance that some Republican could offer a hostile amendment. House Armed Services is considered one of the most conservative committees in the House. Sarvis thinks that not having a vote in the Committee was the right call to make.
During week of the May 24th, Sarvis reported, the Rules Committee will most likely accept Speaker Pelosi's request to allow Reps. Murphy and Davis to offer a DADT repeal amendment to the Defense bill when it's being debated on the floor of the House. (Every House amendment must be approved by the Rules Committee.) That floor vote on the amendment would be towards the end of next week -- either Thursday, May 27th or Friday, May 28th.
SLDN is making a big push in the Senate Armed Services Committee. We need 15 votes on that 28-member panel.
As of now, it looks like we can expect a vote next week in Senate Armed Services Committee. Chairman Carl Levin intends to call that vote, which should occur on Thursday, May 27th. Sarvis said that Chairman Levin is "a real hero on the Senate side. Without his tenacity and determination, we wouldn't be alive there." And, he noted that Levin is "determined to get this done...this year." Levin will be lobbying one-on-one with every member on the Democratic side who is not a co-sponsor and even some Republicans.
SLDN wants the Senate bill to closely mirror the House legislation. The language in the two bodies should be very similar so there's little room for making changes in conference. In conference, the "big four" make the decisions. That group is comprised of the top ranking members of the Armed Services Committee of both parties in both houses: Senator Levin, Senator McCain, Rep. Skelton and Rep. McKeon. Three of the "big four" oppose repealing DADT. So, when and if we get to conference, we'll have to monitor it very closely.
Sarvis said the Gates letter "hasn't had the impact on the House side that we feared." In the Senate, he said, there is still a sentiment among some Senators that they would like us to find a way to resolve the differences and bring Sec. Gates back to the table. But, he added, "That's a tall order." Gates has to see that the committee is prepared to proceed without him, but would prefer to do it with him.
Sarvis said Chairman Levin is beginning to feel more confident but we're still not there and "we've got to keep pushing." He said it's critical for people on our side to be on the phone, calling Capitol Hill if we're going to get this thing done this year. He reiterated that "we're still not there yet."
As for the White House, SLDN is still hoping that the President will weigh in before the votes, but that probably won't happen given the Gates letter. And, the White House won't be sending a repeal message to Congress: "It's unlikely that we're going to see a transmittal up to the Hill that would include repeal."
According to Sarvis, over the next week, the main challenge is to find the votes in Senate Armed Services Committee.
The White House had been insisting that no one from the White House congressional liaison's office was stating they didn't want a vote on DADT this year. But, Secretary Gates, who is part of the Obama administration, wasn't shy at all about saying that he and people on his staff were on the Hill telling offices that they did not want to take a vote on repeal this year. And, according to Sarvis, people on hill were saying they had been lobbied "big time" by the Pentagon.
The White House and the Pentagon are now on the same talking points about "the process." Sarvis made it clear that we need the President to be engaged and asking Senators to for vote for repeal. He said, "that's not happening and the question is why?" That is an important question. Let's review one more time what the President said during the State of the Union:
This year — this year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are. It’s the right thing to do.
It's still the right thing to do. But, as we enter this crucial phase, Obama's Secretary of Defense is on-the-record saying he doesn't want a repeal this year. And, at best, the White House is "on the sidelines" saying nothing.
It's crunch time. SLDN needs everyone to call their members of Congress. So call all three: both Senators and your Representative. The main switchboard at the Capitol is
202-224-3121.
As votes approach, every call is important. The other side will be going overboard. But, it's especially critical to make calls if one of these six members of the Senate Armed Services Committee is your Senator:
Robert C. Byrd (D-West Virginia)
Ben Nelson (D-Nebraska)
Bill Nelson (D-Florida)
Evan Bayh (D-Indiana)
Jim Webb (D-Virginia)
Scott Brown (R-Massachusetts)
Call, because "we're still not there yet." Next week, we'll know if it's going to happen.
UPDATE: Just to clarify, if the Senate Armed Services Committee adds repeal language to the Defense Authorization bill, it's unlikely that provision will be stripped from the bill on the Senate floor. In fact, at the Senate hearing on February 2nd, Chairman Levin and Senator Lieberman had a colloquy about this
very subject:
SEN. LIEBERMAN: I appreciate that.
And, look, then the final, obviously, is that it’s up to us in the Congress and in the Senate. We’ve got to – we’ve got to get 60 votes to repeal don’t ask, don’t tell, or else it will remain in effect. Thank you.
SEN. LEVIN: Unless there’s a provision inside the Defense authorization bill; that goes to the floor, which would then require an amendment to strike it from the bill; in which case the 60-vote rule would be turning the other way. In fact --
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