Socarides on the DADT deal

From Richard Socarides, a lawyer, and former senior adviser to President Clinton:

"I know we are all thrilled tonight that there may be a break in the logjam over DADT legislation. And it is always important to keep focused on the art of the possible. This has been a long fight and it is not over.

"I am concerned, however, that the bill released tonight is being mis-characterized. I was expecting to see a bill providing for repeal of DADT now with delayed implementation. As far as I can tell, the proposed legislation instead makes repeal conditional on a future discretionary certification which may or may not occur.

"It may be the best we can get, and if so, I say let's grab it. But it is not repeal with delayed implementation. It's conditional future repeal."

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Chairman of Joint Chiefs endorses DADT deal; lead gay groups seem on board

I would quibble with one thing in this Stars and Stripes article. It's a point that many members of the mainstream media are getting wrong about today's compromise. The deal is not "delayed implementation" of DADT repeal. The deal is to shift the power for repeal over to the executive branch, should they wish to exercise it. DADT will remain the law of the land, and there's no guarantee that repeal will happen, ever. That's different than "repeal followed by a delay in implementation."

Now, that is not to suggest that the compromise is "nothing." Without the compromise, I think DADT repeal is dead - dead this year, dead next year, and probably dead for years to come because we're going to lose a serious number of seats in the Congress in the fall election (and possibly even lose the House). This option, at least, preserves a chance at repeal next year. Without it, there is no chance.

I'm still working through how I feel overall about this proposal, but I wanted to make those two points clear now. But it's not insignificant that the two groups that are made up of military members, the groups that are directly affected by the gay ban - SLDN and Servicemembers United - appear to be on board.

From Stars and Stripes:

Capt. John Kirby, spokesman for Joint Chiefs chair Adm. Mike Mullen, said that the chairman supports the agreement brokered Monday.

“We have been making the case to White House staff for more than a year now that delayed implementation is realistic, politically viable, and the only way to get the defense community on board with repeal,” Alexander Nicholson, executive director of Servicemembers United, said in a statement late Monday. “We are glad to see the community and now the administration and defense leadership finally rally around this option.”

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, called the amendment a “dramatic breakthrough in dismantling ‘don’t ask, don’t tell.’”

Aaron Belkin, director of the gay rights advocacy and research Palm Center, praised President Barack Obama’s guidance throughout the negotiations. That’s a stark change from the last few months, when gay rights groups have publicly sniped at the White House for a lack of action on a promised repeal.

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Text of DADT repeal legislation

Here is the legislation being discussed.

dadtlanguage

After talking to a number of sources, it seems that what was proposed by the Hill, and agreed to by the White House, is the following - I'm summarizing the document above, which is the latest version of the compromise being discussed

The House and Senate will pass legislation this year that provides that "Don't Ask, Don't Tell" will be considered repealed if and when the following happens:

1. The Secretary of Defense receives the "study."
2. The President, the Secretary of Defense, and the Chairman of the Joint Chiefs certify that:
- They have considered the recommendations in the study
- DOD has prepared the necessary policies and regulations needed to implement a repeal
- The implementation of the repeal is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention.

Current policy will remain in place until the above conditions are satisfied. And if the above conditions are never satisfied, the current DADT policy will remain in place.

There is nothing in the legislation that says the repeal must happen. Read More...

Servicemembers United weighs in too

I'm still not sure what to make of any of this, as no one has actually explained WHAT the compromise is that they're all praising. SU gets the closest in this statement, but even they don't really explain what exactly will happen this year, and what EXACTLY will happen next year. Even what Joe and I are hearing privately is confusing.

Servicemembers United, the nation's largest organization of gay and lesbian troops and veterans, commended the announcement today that the administration will now support an amendment to the National Defense Authorization Act to repeal the "Don't Ask, Don't Tell" law this year. The proposed amendment would include a delayed implementation provision that would not allow repeal to take effect until the Pentagon's Comprehensive Review Working Group completed its nine-month implementation management study and until the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff certified that the military is ready to implement repeal smoothly.

"This announcement from the White House today is long awaited, much needed, and immensely helpful as we enter a critical phase of the battle to repeal the 'Don't Ask, Don't Tell' law," said Alexander Nicholson, Executive Director of Servicemembers United and a former U.S. Army interrogator who was discharged under "Don't Ask, Don't Tell." "We have been making the case to White House staff for more than a year now that delayed implementation is realistic, politically viable, and the only way to get the defense community on board with repeal, and we are glad to see the community and now the administration and defense leadership finally rally around this option."

The "Don't Ask, Don't Tell" law, passed in 1993 as part of the National Defense Authorization Act for Fiscal Year 1994, has resulted in the abrupt firing of more than 14,000 men and women because of their sexual orientation, and has led tens of thousands more to voluntarily terminate their careers because of the burden of serving under this outdated law. There are an estimated 66,000 gays, lesbians, and bisexuals currently serving in the U.S. military and an estimated 1 million gay, lesbian, and bisexual veterans of the U.S. armed forces.

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SLDN welcomes White House DADT repeal compromise

Statement by Army veteran and SLDN Executive Director Aubrey Sarvis:

“The White House announcement is a dramatic breakthrough in dismantling ‘Don’t Ask, Don’t Tell.’ The path forward crafted by the President, Department of Defense officials, and repeal leaders on Capitol Hill respects the ongoing work by the Pentagon on how to implement open service and allows for a vote this week. President Obama’s support and Secretary Gates’ buy-in should insure a winning vote, but we are not there yet. The votes still need to be worked and counted.

“If enacted this welcomed compromise will create a process for the President and the Pentagon to implement a new policy for lesbian and gay service members to serve our country openly, hopefully within a matter of a few months. This builds upon the support Defense Secretary Robert Gates and Admiral Michael Mullen, Chairman of the Joint Chiefs of Staff, expressed for open service during the February hearing in the Senate, and further underscores that this Administration is committed to open service.

“We would not have reached this moment without the leadership and commitment of our allies on the Hill – Senators Joe Lieberman and Carl Levin, and Congressman Patrick Murphy; they all worked tirelessly to get us this far.

“For the upcoming votes in the House and Senate to succeed, it is critical that all proponents for full repeal weigh in now. The blogosphere and activists have been admirably pressing for full repeal this year and we are grateful for their help. Everyone in support of repeal needs to continue contacting their Members of Congress and ask for the vote.”

Background:

SLDN sent national action alerts to its members and supporters on Thursday asking they contact key senators on the Armed Services Committee as we approach the markup of the National Defense Authorization Act for Fiscal Year 2011. Advocates have been working to muster the 15 critical votes needed on the committee to include repeal. A similar alert was also sent in support of House Speaker Nancy Pelosi to hold a floor vote on repeal this week. Advocates are working with Congressional leadership to offer an amendment on the House floor adding repeal of DADT to the defense budget bill. The House floor vote may happen as early as this week.

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OMB letter endorses Murphy repeal amendment on DADT

It's still not entirely clear what the Murphy amendment is, but it seems to be what Kerry Eleveld wrote about earlier today. Legislative repeal this year, with the administration dealing with the DOD regulations (that still will enforce DADT after the legislation is repealed) next year.

0524 Rep Murphy Read More...

Levin, Lieberman, Murphy ask White House for 'official views' on DADT repeal proposal

Okay. A lot is happening today. Late this afternoon, the three key legislators working to repeal Don't Ask, Don't Tell (Senator Levin, Senator Lieberman and Rep. Patrick Murphy) asked the White House for its "official views" on the compromise bill to repeal the law. That letter is below. We can now expect a response from the White House, probably tonight. It looks like the proposal outlined by Kerry Eleveld is what is under consideration. John will have more on that shortly. We're waiting to hear what Servicemembers Legal Defense Network (SLDN) and Servicemembers United think about this proposal. This is literally about their lives, so their opinions matter more than other gay advocacy groups.

Rep. Murphy has to submit the language of his amendment to the Department of Defense Authorization to the House Rules Committee by 5:00 PM tomorrow night. The Rules Committee determines the parameters of floor debate including which amendments will get a floor votes. For the Defense bill, Rules will meet on Wednesday at 1:00 PM. Floor debate should take place on Thursday. The Senate Armed Services Committee, which Levin chairs, will mark up the Senate version of the bill later this week, too. Lieberman and Levin will be attempting to amend the DADT repeal language in Committee.

Letter to Obama asking for "official views" on DADT repeal Read More...

Another DADT update - not much new

The Washington Post weighs in. Other than a bitchy statement from the Pentagon spokesman who lied to us last spring, there isn't much new in the story, Read More...

Advocate reports details of possible White House/Congress/Gay groups plan to repeal DADT

Kerry Eleveld has the details:

According to one person familiar with the White House meeting, the proposal that is being considered would repeal the current statute this year, but implementation of repeal would not take place until after completion of the Pentagon’s working group study in December. Further, repeal would require certification from President Barack Obama, Secretary of Defense Robert Gates, and Joint Chiefs Chair Admiral Mike Mullen that the new law will not have a negative impact on readiness, recruitment, retention and other key factors that affect the military.

The language would not include a nondiscrimination policy but rather will return authority for open service by gays and lesbians back to the Pentagon.

A statement of administration is expected to be released this week, potentially as early as tomorrow.

One repeal advocate welcomed news of the agreement.

“Every single one of the groups around that table agreed that this is an amazing step forward,” said the person, who was close to the discussions at the White House and spoke on the condition of anonymity.

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Wash. Post covers DADT repeal, 'This is our 'all hands on deck' moment'

Well, the Washington Post is on the DADT repeal story now. That must mean legislative action really is happening in Congress this week, which is what we've been reporting for some time. We've reached a critical point:

"This is our 'all hands on deck' moment," said Aubrey Sarvis, executive director for the Servicemembers Legal Defense Network, which represents gays who have been drummed out of the armed forces. "For repeal to succeed, it is critical that all proponents for full repeal weigh in now, including the White House. We are only a few days away from this historic vote."

There is still time for the White House to redeem itself. We can win this week. But, everyone, including the President, needs to engage.

One last thing: the Post interviewed Sarvis from SLDN and Nicholson and SU. Those two men and their organizations are, in fact, the key players on repeal. They represent the men and women who want to serve their country. This isn't just another political issue for them. This is about their lives. And, they're willing to put their lives on the line for the rest of us. So, on DADT, when SLDN and SU speak, we listen. They speak with moral authority on DADT. And, they're the only ones speaking out right now. Read More...

An 'emerging deal' on DADT repeal?

That's what Politico.com is reporting:

TALK UNDER WAY: Congressional leaders, gay rights advocates and Pentagon officials are meeting at the White House Monday morning to discuss an emerging deal on repealing the military's "Don't Ask, Don't Tell" ban on gays in the military, sources say.
– Jen DiMascio (10:25 a.m.) .

We've been hearing reports along the same lines...we'll have more as this develops. Should be a very interesting day. Read More...

A letter about DADT to Obama from Former Lieutenant Junior Grade Jenny Kopfstein

Here's the letter to Obama in SLDN's series, “Stories from the Frontlines: Letters to President Barack Obama.” This is another letter from a servicemember who wants to serving their country. It's another letter from a highly decorated servicemember. It's another letter demonstrating how DADT weakens our national security. Maybe Obama could share this letters and the others with Secretary Gates when they meet today at 4:30 pm.

This is a critically important week. The process to finally end DADT this year can get underway this week in the House and the Senate. But, the President has to get off the sidelines. He promised to end DADT this year. He needs to lead. He is, after all, the Commander-in-Chief.

That's what Former Lieutenant Junior Grade Jenny Kopfstein is asking him to do:

May 24, 2010


President Barack H. Obama
The White House
1600 Pennsylvania Avenue Northwest
Washington, DC 20500

Dear Mr. President,

October 12, 2000. It was the day the USS COLE was attacked -- a suicide bomber struck while the ship was harbored and refueling in a Yemeni port. Seventeen American sailors were killed, and 39 were injured.

In the hours that followed – onboard the USS SHILOH also docked in an overseas port – we were put on alert. My Captain chose me to serve as the Officer of the Deck. We were ordered to put to sea immediately and I was to coordinate the underway.

Similarly – on September 11, 2001 – our ship was immediately ordered to sea. We fully expected that we were going to war. We ended up being assigned to protect the west coast from any potential attack.

During these emergencies, I was an open lesbian serving my country.

In a state of alert, no one cared a bit about my sexual orientation, even though they knew about it. The sailors who worked for me looked to me for leadership, and the officers I worked for looked to me for performance.

Years before, when studying at the Naval Academy, my peers and I learned about honor and integrity. The Academy places a special emphasis on these values. On the very first day, they give you uniforms, shoe polish and Brasso, and begin teaching you about the Academy’s Honor Concept. The Honor Concept starts out, “Midshipmen are persons of integrity: they do not lie, cheat, or steal.”

When I graduated from the Naval Academy, I became a Surface Warfare Officer and received orders to the cruiser USS SHILOH. I was excited to serve on a combatant ship.

“Don’t Ask, Don’t Tell” (DADT) made it difficult to have normal conversations with my shipmates. If I said I had a dog, someone might ask, “Who takes care of him when you’re at sea?” Answering the simplest questions can get you kicked out. The crew of my ship was my extended family. Keeping parts of my life secret and separate from them is an unnecessary burden, and no American sailor or soldier should be forced to bear it.

Feeling deeply conflicted between the requirements of DADT and the Navy’s Core Values, I wrote my Captain and told him I was a lesbian. I was being forced to lie on a daily basis by DADT. I did not want to get out of the Navy, and I said so in my letter. I wanted to stay and serve honorably, and to maintain my integrity by not lying about who I was.

After I wrote the letter, I continued to do my job on the ship to the best of my ability. We went on a six-month deployment to the Middle East. I qualified as Officer of the Deck, and was chosen to be the Officer of the Deck during General Quarters -- a great honor.

I also earned my Surface Warfare Officer pin. During my pinning ceremony, the Captain removed his own pin -- off the chest of his uniform -- and pinned it on mine. That was one of my proudest moments.

Later, the Captain personally chose me to represent the ship in a ship-handling competition. I was the only officer chosen to compete, and my orientation was known to my shipmates. My discharge investigation was well underway. Not one person griped because I was the one chosen. I showed the Admiral my ship-driving skills, and won the competition.

My Captain wrote in my Fitness Report in 2002 that my “sexual orientation has not disrupted good order and discipline onboard USS SHILOH.”

Both of my Captains testified at my DADT discharge hearing to say they were opposed to the Navy kicking me out.

If not for DADT, I would still be serving today.

Mr. President, help Congress repeal “Don’t Ask, Don’t Tell” now. We cannot afford any delay.


With respect,


Former Lieutenant Junior Grade Jenny Kopfstein
United States Navy

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On DADT repeal, Servicemembers United says: 'Give 'em hell'

Servicemembers United says it's time to "Give 'em hell":

Another chance for you to be a part of history is coming on Monday, May 24, 2010 with Servicemembers United's "GIVE 'EM HELL - Congressional Call Swarm" campaign.

Next week, the Senate Armed Services Committee and the full House of Representatives will debate and vote on finally repealing the "Don't Ask, Don't Tell" (DADT) law. This is our LAST CHANCE to flood congressional offices with phone calls to send the message that support for repealing DADT is overwhelming.

We are no longer asking. We are DEMANDING that DADT be repealed THIS YEAR. We all have worked long and hard for this time to come. Now that it's here, we cannot let the opportunity slip. Please join us on Monday, May 24th and help us flood our congressional offices with phone calls demanding repeal of DADT immediately.

Help the vets. Call both of your Senators and your rep. SU's Facebook page has a link to Hill office numbers and you can always call the main switchboard number is 202-224-3121.

Kerry Eleveld's weekly column has more info. on the repeal efforts -- including news from the Hill, via Aubrey Sarvis, that offices need to hear from our side:

“This is our ‘all hands on deck’ moment,” said Aubrey Sarvis, executive director for SLDN. “For repeal to succeed, it is critical that all proponents for full repeal weigh in now, including the White House. We are only a few days away from this historic vote.”

Sarvis told The Advocate that key offices on the Hill had reached out to the organization to get the message out. “We are hearing from the Hill that proponents of repeal need to be heard louder and clearer that they support a vote for repeal next week.”

SLDN sent out its action alert at the end of last week.

So, the leaders of the repeal effort need our help. This is no time to be silent. We have to make noise this week. Remember how Barney is always admonishing us to be more like the NRA. Well, NRA members would be on the phone non-stop. We have to do just that this week. Read More...