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Breaking: Obama’s DOJ Files Emergency Stay AGAINST DADT Injunction

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Joe Sudbay at AmericaBlog reports the “Department of Justice has asked Judge Phillips to issue a stay of her DADT injunction and indicated that it will appeal the decision.” In other words, the DOJ will appeal the federal court’s ruling that “Don’t Ask, Don’t Tell” is unconstitutional, and is asking her to place a hold on her later decision, two days ago, ordering the government to immediately suspend any investigations or discharges that are DADT-related.

Sudbay adds,

“DOJ invoked the Pentagon Working Group as a reason for needing the delay:

In support of the President’s decision to seek a congressional repeal of the law, and as directed by the Secretary of Defense, the Department of Defense has established a high-level Working Group that is currently conducting a comprehensive review of the statute and how best to implement a change in policy in a prudent manner. The Working Group is nearing completion of its report to the Secretary, which is due on December 1. The immediate implementation of the injunction would disrupt this review and frustrate the Secretary’s ability to recommend and implement policies that would ensure that any repeal of DADT does not irreparably harm the government’s critical interests in military readiness, combat effectiveness, unit cohesion, morale, good order, discipline, and recruiting and retention of the Armed Forces.

“In the first sentence above, you’ll notice a footnote. This is what it states:

1 As the President has stated previously, the Administration does not support the DADT statute as a matter of policy and strongly supports its repeal. However, the Department of Justice has long followed the practice of defending federal statutes as long as reasonable arguments can be made in support of their constitutionality, even if the Administration disagrees with a particular statute as a policy matter, as it does here.

“Got that? Remember, DOJ does not have to appeal this decision. But it is going to do just that.”

Pam Spaulding adds, “With all of the chaos surrounding the administration leaving the military high and dry as to what to do about ceasing enforcement of DADT as a result of the federal ruling, this was inevitable.”

Via Andrew Harmon and Kerry Eleveld at The Advocate:

“But Richard Socarides, a New York lawyer and former LGBT adviser to President Bill Clinton, said getting the stay on the suspension of discharges was not guaranteed and that if the court of appeals failed to grant it, the Justice Department would have to appeal to the U.S. Supreme Court.

“In order to get the stay, Socarides said the government would have to prove it would suffer serious, irreversible damage if it were denied.

“It’s considered an extreme remedy,” Socarides said. “Just coming in and saying that it would be better to do it in a more orderly fashion isn’t enough.”

“Socarides explained that DOJ was also in a tricky situation given the president’s position that he believes gays and lesbians should ultimately be able to serve openly in the military.

“They have severe political restrictions on what they can say,” Socarides said, noting that the Justice Department cannot argue, for instance, that allowing gays to serve openly would be harmful to the military. “They’re now in difficult position of having to articulate a position as to why, on an emergency basis, an order that is wholly consistent the president’s position should be denied.”

Servicemembers Legal Defense Network (SLDN) Executive Director Aubrey Sarvis responded by saying,

“The President needs to deliver on his promise to end the law this year. Unfortunately, it is becoming more and more clear that the Obama Administration intends to seek a stay to this injunction and it is going to appeal the decision. DADT may well be in a state of flux. It will remain the law unless the U.S. Senate acts in December and we have certification by the White House and Pentagon shortly thereafter.”

Human Rights Campaign President Joe Solmonese added,

“It it certainly disappointing and frustrating that the administration has sought a stay. There is one simple way to put the endless legal wrangling behind us and do what the President and the American people want to strengthen our military: the administration and Congress need to finish the legislative work on ‘Don’t Ask, Don’t Tell’ repeal after the election. The interests of the administration, the military, and most importantly the American people are best served by doing the hard work of enacting a durable legislative repeal of this discriminatory law.”

Robin McGehee, co-founder and director of GetEQUAL, stated,

“Today’s appeal by President Obama’s Department of Justice is not only indefensible — it is yet another shocking lack of leadership from the White House on issues of equality for the LGBT community. Regardless of the White House’s claim that they had no choice in this matter, the fact is that there was no reason they had to move forward with appealing this decision today. For them to do so, particularly in the same week they also announced their appeal of the Defense of Marriage Act ruling that also found a section of that law unconstitutional, adds insult to injury for the relationship between President Obama and the lesbian, gay, bisexual and transgender community.

Yet again, we are faced with action by this Administration that stands in stark contrast to the campaign rhetoric and lofty speeches about equality that continue to be served up as progress to our community. We’d like to say we’re still hoping in the change promised to us two years ago, but that hope is fading away quickly — particularly when the lives and livelihoods of our brothers and sisters are on the line.”

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Dominion Lawsuit: Sidney Powell, Mike Lindell and Rudy Giuliani Pushed Trump Lies for Fame, Glory — and Pillows

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Attorneys for Dominion Voting Systems accused Rudy Giuliani and Sidney Powell of spreading lies about Donald Trump’s election loss for fame and glory.

The voting technology company’s lawyers argued Thursday in a court hearing that Trump’s former campaign lawyers and MyPillow CEO Mike Lindell believed they could attain power and influence by helping the former president remain in office by overturning his election loss with baseless claims of fraud and tampering, reported CNN.

“That’s the place they could get in-person audiences,” said Dominion attorney Megan Meier. “[Washington was] the place where Powell could become a household name.”

Attorneys for Giuliani, Powell and Lindell — who have been sued for $1.3 billion in the defamation suit — at times attempted to re-litigate the election during the four-hour hearing, which began a few hours after a New York court suspended Giuliani’s law license over his election fraud lies.

The former New York City mayor did not attend the hearing, but Powell and Lindell did.

Another attorney for Dominion argued that the case can remain alive in court, even if jurors find the defendants’ claims “improbable,” because the case isn’t about “the marketplace of ideas,” as Lindell’s attorney has argued.

“There is a quantum of information available to [Lindell] by the time he made these statements,” Clare said. “He made the preconceived notion that the election was stolen.”

The lawsuit accuses Lindell of using election lies and Qanon conspiracy theories to promote his pillow company.

“[He] sells the lie to this day because the lie sells pillows,” the suit alleges.

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FASCISM

‘Just Shoot Them’: Trump Told Top US General to ‘Crack Skulls’ and ‘Beat the F’ Out of Civil Rights Protestors: New Book

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President Donald Trump told America’s highest-ranking general and top law enforcement officials to “shoot” civil rights protestors in Seattle and Portland, “crack their skulls,” and “beat the f–k” out of them, according to a new book by a Wall Street Journal reporter.

“The President would highlight videos that showed law enforcement getting physical with protesters and tell his administration he wanted to see more of that behavior,” CNN reports, citing excerpts from Michael Bender’s book, “Frankly, We Did Win This Election: The Inside Story of How Trump Lost.”

“That’s how you’re supposed to handle these people,” Trump told his top law enforcement and military officials, according to Bender. “Crack their skulls!”

Trump also told his team that he wanted the military to go in and “beat the f–k out” of the civil rights protesters, Bender writes.

“Just shoot them,” Trump said on multiple occasions inside the Oval Office, according to the excerpts.

But Joint Chiefs of Staff Chairman Gen. Mark Milley (photo, right) refused, Bender reveals, with Milley and Attorney General Bill Barr often finding themselves the only ones willing to push back against the president.

General Milley, who made headlines Wednesday after delivering a stunning lecture on critical race theory and “wokeness” to U.S. Rep. Matt Gaetz (R-FL), who was not pleased by it, also pushed back against Trump senior advisor, white supremacist Stephen Miller.

During one Oval Office debate, senior Trump adviser Stephen Miller chimed in, equating the scenes unfolding on his television to those in a third-world country and claiming major American cities had been turned into war zones.

“These cities are burning,” Miller warned, according to the excerpts.

The comment infuriated Milley, who viewed Miller as not only wrong but out of his lane, Bender writes, noting the Army general who had commanded troops in Iraq and Afghanistan spun around in his seat and pointed a finger directly at Miller.

“Shut the f–k up, Stephen,” Milley snapped, according to the excerpts.

Read the entire report at CNN.

 

Image of President Trump and General Milley: Official White House Photo by Shealah Craighead via Flickr

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WHATEVER HAPPENED TO COMPETENCY?

‘No Time to Waste’: DeSantis Blasted for Going on Fox News as Biden and Miami Mayor Urge Him to Request State of Emergency

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Florida GOP Governor Ron DeSantis is taking time to pose for the cameras and talk to Fox News in the wake of the stunning partial building collapse that more than 12 hours later has left 99 people missing, and feared dead.

DeSantis reportedly added an interview with far right Fox News host Mark Levin to his calendar for Thursday.

President Joe Biden during a news conference announcing a bipartisan agreement on, appropriately, an infrastructure bill on-camera Thursday afternoon urged the Florida Republican governor to ask for a declaration of a state of emergency, but DeSantis has yet to do so – nor has he declared a state of emergency himself for the Surfside disaster. President Biden appears to have ordered FEMA to Florida to assess the situation, which is the most they are allowed to do until the governor acts.

Also urging DeSantis to request a state of emergency declaration is Miami-Dade County Mayor Daniella Levine Cava, who says “there is no time to waste.”

Apparently DeSantis believes there is, and many are blasting the likely 2024 GOP presidential hopeful.

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