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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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Biden Channels Lincoln in Address on Trump Assassination Attempt: ‘We Are Not Enemies’

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Echoing President Abraham Lincoln‘s first inaugural address, President Joe Biden in a rare primetime Oval Office address Sunday night told Americans “we are not enemies,” as he urged the nation to tone down political rhetoric in the wake of the assassination attempt of presumptive Republican presidential nominee Donald Trump by a 20-year old registered Republican at an outdoor Trump rally in Pennsylvania one day earlier.

It was the third time in 24-hours President Biden spoke to Americans via a televised address about the shooting in which Trump’s ear was nicked, some reports say from shards of glass from his teleprompter, while the ex-president claimed it was from a bullet. The eight bullets from the gunman’s legally-purchased AR-15 rifle killed a 50-year old former volunteer fire chief who shielded his daughters with his body, and wounded two others.

“While we may disagree, we are not enemies. We’re neighbors, we’re friends, coworkers, citizens. And most importantly, we are fellow Americans. We must stand together,” President Biden reminded the nation, as he announced “the need to lower the temperature in our politics.”

Biden said the “shooting calls on all of us to take a step back.” Earlier, on Sunday afternoon in his nationally-televised remarks the President said, “We must unite as one nation. We must unite as one nation to demonstrate who we are.”

READ MORE: ‘Supposed to Be Hard’: Political Experts Explain Their Thinking on Biden and the Election

In denouncing political violence, President Biden cited some of the most critical recent examples in America.

“We can not, we must not, go down this road in America. We’ve traveled it before throughout our history,” the President warned. “Violence has never been the answer, whether it was with members of congress of both parties being targeted and shot, or a violent mob attacking the capitol on January 6th, or the brutal attack on the spouse of the former Speaker of the House, Nancy Pelosi, or information or intimidation on election officials, or the kidnapping plot against the sitting governor, or the attempted assassination on Donald Trump, there’s no place in America for this kind of violence, for any violence, ever. Period. No exceptions. We cannot allow this violence to be normalized,” Biden said resolutely.

“In America, we resolve our differences at the ballot box, that’s how we do it, at the ballot box, not with bullets,” the President also declared, as some on the right, including far-right wing websites, quickly mocked and attacked him for his speech impediment, claiming he had said, “battle box.”

Pointing to Biden’s “desire to protect democracy,” NBC News White House correspondent Peter Alexander Sunday night reminded that the deadly 2017 neo-Nazi rally in Charlottesville was “really the motivating factor” for his decision to run for President in 2020.

Indeed, Biden has a strong record of fighting against political violence and hate. On Sunday he declared that in America, “hate must have no safe harbor,” which echoed his 2023 State of the Union Address in which he said: “There’s no place for political violence in America,” and, “We must give hate and extremism in any form no safe harbor.”

“Democracy must not be a partisan issue, it’s an American issue. Every generation of Americans has faced a moment where they have been called to protect our democracy Defend it, stand up for it. And this is our moment,” Biden had also said.

Former South Carolina Democratic Congressman Bakari Sellers judged Biden’s six-minute Sunday evening speech to be “pitch perfect. Great sharp message, tone, and leadership.”

READ MORE: Critics: Where’s Trump’s Hour-Long Press Conference With Policy Questions from Reporters?

Washington Post columnist Jennifer Rubin called Biden’s remarks “eloquent and sobering.”

“Biden speech was eloquent and sobering. It is the time for experienced, reassuring and mature leadership. We need to be called to follow the better angels of our nature not the darkest impulses. There is nothing more important.”

“Just watched Joe Biden’s speech. He just won the election,” announced SiriusXM host Dean Obeidallah.

“President Biden used the pulpit well tonight. He did what a president should do: seek to calm the country, seek to calm each of us,” declared award-winning journalist Maria Shriver.

This is an excellent speech,” rhetoric scholar and professor of communications Jennifer Mercieca wrote. “Biden is good at what scholars call the ‘priestly role of the president,’ which is when the president is called upon to speak to a nation in crisis and remind us of our values and explain why our American values will see us through hard times.”

Even Fox News’ chief political analyst Brit Hume praised President Biden’s speech Sunday night declaring his “message was just right,” as Mediate reported.

Watch clips from the President’s remarks and his full address above or at this link.

READ MORE: ‘Betrayal’: Trump Hosts ‘Russian Puppet’ Viktor Orbán as Biden Hosts NATO Leaders

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‘Supposed to Be Hard’: Political Experts Explain Their Thinking on Biden and the Election

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Two weeks after the political class’s response to President Joe Biden’s poor debate performance threw the 2024 election into chaos, four political experts share their thinking about where the race actually stands and what Biden’s supporters should do.

“He can’t win right!? They point to the polling right?” wrote political strategist and pollster Cornell Belcher, a frequent NBC News/MSNBC political analyst, linking to a report about the latest polls which show President Biden ahead of Donald Trump. “Well this is the 2nd poll (credible poll) in 2 days showing the Pres race in statistical deadlock two weeks after debate! Using polls to push Biden out feels like red wave 2020 bs all over again.”

Belcher was commenting on the latest Marist College poll produced for NPR/PBS NewsHour. It found Biden beating Trump 50-48 in a one-to-one matchup. When factoring in the four third-party/independent candidates including RFK Jr., Trump came out ahead of Biden, 43-42.

FiveThirtyEight’s regularly updated polling aggregator currently shows Trump up over Biden by 1.9 points, a drop from Thursday where he was more than two points over Biden. FiveThirtyEight also currently shows; “Biden wins 50 times out of 100 in our simulations of the 2024 presidential election. Trump wins 49 times out of 100.”

READ MORE: Critics: Where’s Trump’s Hour-Long Press Conference With Policy Questions from Reporters?

Former Republican and former GOP communications director Tara Setmayer, a resident scholar at Harvard’s Institute of Politics, says the Democratic “freak out needs to stop.”

“Enough.”

Pointing to that same Marist poll, she focuses on a different question.

“This poll also shows character matters more than age. That’s to Biden’s advantage.”

NPR’s headline on its article detailing the poll reads: “After Biden’s debate performance, the presidential race is unchanged.”

“Biden actually gained a point since last month’s survey, which was taken before the debate,” NPR reports, adding: “the survey also found that by a 2-to-1 margin, 68% to 32%, people said it’s more concerning to have a president who doesn’t tell the truth than one who might be too old to serve.”

READ MORE: ‘No Change’: Biden Debate Performance Has Had ‘Almost No Impact’ on 2024 Race Report Finds

To Setmayer’s point, NPR also says, “A majority said Biden has the character to be president (52%), while a majority also said Trump does not (56%).”

Mike Madrid, the Latino GOP political consultant and Lincoln Project co-founder, offered advice to Biden supporters on how to think about Democrats and pundits pushing for the President to drop out of the race, and how to deal with the day-to-day emotional toll.

“Getting lots of questions on how to lower the anxiety level people are feeling. Best thing you can do is unfollow the people attacking Biden gratuitously. Don’t engage them. Unfollow them. It’s not an honest discussion. It’s a frenzy that’s doing real damage.”

“You will not get an explanation from the political arsonists fueling this panic,” he added. “Stop looking for one. Unfollow them. Drop your subscription. Quit listening. That’s the best thing you can do in the pro-democracy fight right now. Their gaslighting is now a suppression tactic.”

To someone who said they are “scared,” and the situation is “confusing, maddening and sad,” Madrid advised: “Nothing has changed. Stop watching TV and get off Twitter. Take the weekend off. Please.”

The Lincoln Project’s Stuart Stevens, a political strategist for decades and author of “The Conspiracy To End America,” writes: “I worked in campaigns for 30 years. I am hardwired to respond one way when your guy is in trouble: fight harder. Don’t start looking for exit ramps or magic bullets. Play the next play. Do your job. Ignore the scoreboard. It’s supposed to be hard.”

READ MORE: ‘Betrayal’: Trump Hosts ‘Russian Puppet’ Viktor Orbán as Biden Hosts NATO Leaders

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RFK Jr. Apology Over Sexual Assault Allegation ‘Disingenuous’ – Unsure if More to Come

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Robert F. Kennedy Jr., the independent candidate running for president, has apologized to the woman who accused him of sexual assault, and separately told reporters he does not know if there are more potential accusers.

The 70-year old anti-vaxxer and conspiracy theorist who has said a worm ate a portion of his brain, has not denied allegations of sexual misconduct. A recent Vanity Fair profile reports that in 1998, Eliza Cooney, 23-years old at the time and working as a part-time baby sitter for RFK Jr. and his wife’s children, felt his “hand moving up and down her leg under the table” during “a meeting in the family kitchen.”

There are other allegations in the Vanity Fair profile that include Kennedy being shirtless in Cooney’s bedroom and asking her to rub lotion on his back, which she said was “totally inappropriate.”

And this: “A few months later, Cooney says, she was rifling through the kitchen pantry for lunch after a yoga class, still in her sports bra and leggings, when Kennedy came up behind her, blocked her inside the room, and began groping her, putting his hands on her hips and sliding them up along her rib cage and breasts. ‘My back was to the door of the pantry, and he came up behind me,’ she says, describing the alleged sexual assault. ‘I was frozen. Shocked.’ ”

RELATED: ‘What in the F’: RFK Jr. in Photo With Alleged ‘Barbecued’ Dog Carcass Disgusts Critics

The Washington Post Friday morning reported RFK Jr. “privately apologized to a woman who accused him of sexual assault, saying he does not remember the alleged incident and that any harm he caused was ‘inadvertent.’ ”

“’I have no memory of this incident but I apologize sincerely for anything I ever did that made you feel uncomfortable or anything I did or said that offended you or hurt your feelings,’ Kennedy wrote in a text message to Cooney sent at 12:33 a.m. on July 4, two days after her accusations became public. ‘I never intended you any harm. If I hurt you, it was inadvertent. I feel badly for doing so.’ ”

Cooney told The Post that Kennedy’s texted message was “disingenuous and arrogant.”

“I’m not sure how somebody has a true apology for something that they don’t admit to recalling. I did not get a sense of remorse.”

READ MORE: Critics: Where’s Trump’s Hour-Long Press Conference With Policy Questions from Reporters?

Also on Friday, hidden in the middle of a Boston Globe soft profile of the presidential candidate whose support has reportedly now hit ten percent – possibly enough to change the outcome of the election – is Kennedy’s apparent acknowledgment there could be more allegations of sexual misconduct.

“Asked if other women might come forward with similar allegations he said, ‘I don’t know. We’ll see what happens.’ ”

The Globe notes Kennedy “is currently on the ballot in nine states, and submitted enough signatures to eventually get on the ballot in 15 states. There are five other states where the campaign claims to have enough signatures but hasn’t turned in them in yet, in some cases because the window to do so hasn’t opened.”

FiveThirtyEight reports there is a 58% chance the election “is decided by a smaller margin than the vote share for third-party candidates,” meaning Kennedy, who has the largest portion of third party votes, may have the potential to change the election outcome.

In a parenthetical addition, Vanity Fair updated its report, writing: “After this story was published, Kennedy told the Breaking Points podcast, in response to Cooney’s allegations, that he is ‘not a church boy… I have so many skeletons in my closet.’ When pressed to respond directly to her claims, he told the anchor, ‘I’m not going to comment on it.’ ”

READ MORE: ‘Betrayal’: Trump Hosts ‘Russian Puppet’ Viktor Orbán as Biden Hosts NATO Leaders

 

 

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