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DADT: Gates’ Statement Backfires, Why Pelosi’s Response Is Huge

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Editor’s note:

This guest post by Scott Wooledge was originally published at Daily Kos today and is published here with his permission. Scott Wooledge writes at the Daily Kos under the handle Clarknt67.

At this point the fight surrounding the military’s “Don’t ask, don’t tell” policy has shifted. Settled is the question of whether it should stay or go. Joint Chief of Staff Mike Mullen effectively delivered the last word in that debate when he said in Senate testimony:

“Allowing gays and lesbians to serve openly would be the right thing to do. No matter how I look at this issue, I cannot escape being troubled by the fact that we have in place a policy which forces young men and women to lie about who they are in order to defend their fellow citizens. For me personally, it comes down to integrity — theirs as individuals and ours as an institution.”

But a debate rages on, centering on how repeal should be pursued, legislatively. Gates attempted to shut down a growing movement calling for repeal now, not later. His strong arm-tactic may have backfired. Why after the fold and why Pelosi’s statement of support should not be under-appreciated.

There are two legislative strategy camps: let’s call them “the attachers” and the “stallers.”

The attachers want to attach the repeal language to the military spending budget being marked up in the House and the Senate this month. This is a smart move as it will essentially makes repeal-filibuster proof. It’s smart politics, too, as it will provides a lot of “cover” for conservadems who will not want to vote for DADT out on the open floor of a stand alone bill strategy.

And then there’s the “stallers” camp. They want to vote “later…” (they won’t really say when). We see a timeframe in Marc Ambinder’s piece in the Atlantic of “late 2010, early 2011,” which seems blithely unaware that there may well be a very different Congress sitting in “early 2011” than there is in “late 2010.”  And absent a military budget to attach repeal to, one presumes this measure would be pursued by stand alone? Anyone know? Because I haven’t seen anyone advocating “vote later…” articulate an actual legislative plan.

Informed and invested repeal advocates recognize a standalone bill strategy as pure madness. It will require every Democrat in the Senate and 1 GOP. It just isn’t realistic to think that can happen. Congress is just not that into teh gays, even many Democrats.

Now, why Gates’ statementyesterday urging Congress not to act in this session, may well have been a major backfire in tamping down the “Repeal in 2010” movement.

Gates prompted Nancy Pelosi to post the following statement on her House Speaker website. And please note, it is a press release, not some backroom, anonymous source. It’s a direct hit, meant to be heard far and wide:

“We all look forward to the report on the review of the ‘Don’t Ask, Don’t Tell’ policy by the Defense Department.  In the meantime, the Administration should immediately place a moratorium on dismissals under this policy until the review has been completed and Congress has acted.”

Repeal bill lead sponsor Patrick Murphy (PA) and Senator Kirsten Gillibrand (NY) also immediately piped up their respectful dissent on Gates’ directive. Now, those aren’t new positions for either of them. But added to Pelosi, it is now a story. Like kind of, like, a big story. Like kind of a big story the media can’t and won’t ignore, which they’ve mostly done up until now.

Media apathy was allowing the dates this month for military attachment  to quietly pass with little or no comment. Drawing attention to this time period was the whole point of the civil disobedience events and the heckling of the President. Activists hoped to prod the media to look up for just a tiny moment and report on the sausage making process behind repeal and report reality.

And now, we have a full blown STORY on our hands: Gillibrand, Murphy, Pelosi vs. Gates & Obama. Epic battle! And it squares nicely with the media’s favorite topic: “Dems in disarray!” which is catnip to them. And there have been previous reports of Democrats disagreeing on this.

It’s possible in the coming weeks, the media might choose to dissect the strategies that repeal might take. And the chattering class is very likely to weigh in that the prospect of passing a stand alone bill in the lame duck session, as Marc Ambinder suggested was the alternative plan, is just not realistic. And finally someone other than the LGBT community will be saying that.

To deconstruct Pelosi’s statement we find while it is very brief it is very aggressive toward the administration.

And perhaps it’s no wonder. Obama promised repealing the policy in the campaign, over and over. He collected votes, money and volunteers on that goal. And now Nancy Pelosi is one of two Congressional leaders who are ultimately tasked with delivering repeal legislation to Obama’s desk.

And she’s not a dummy.

She knows military attachment to this year’s spending budget is the easiest, least painful, most surefire path to success. And that’s her job, to map out legislative strategies that are most likely to succeed and the least likely to leave blood on the battlefield. And Gates’ statement, and the White House ambivalence, completely undermine her ability to do that.

And she–House Speaker Nancy Pelosi (D-SF)–will feel the heat both locally and nationally should repeal efforts fail. Locally she’s sure to catch hell and be looking at a very painful midterm season.

Nationally, the buck for legislative repeal stops at her desk. She can’t do it all, but it’s her job to guide that legislation through the most successful path. And when bills fail, it is the Speaker and the Senate Majority Leader who are held accountable for failures. “Oh, if only they could do their job better, the votes would be there!”

There are a few other points that make a rather uncomfortable public optics for the White House. The inclusion of word “immediately” is very interesting.

First of all it’s a welcome sound, she’s essentially saying: “DADT must end, it must end now!” Up until this point, for the most part, the only people saying that were in the LGBT community.

The implied threat that she’d like to see executive action “immediately” sounds me she’s actually owning her responsibility to solve the problem. And telling the White House, if you don’t stop discharges “immediately,”  we’re going right ahead as we’ve been planning, Gates letter or not.

And she’s also refocusing the responsibility back at the administration: Pelosi has introduced the topic stop-loss, or DOD prerogative to administer DADT investigations as a means of ending DADT.

In doing so she threatens to robbed administration of a favorite dodge for owning the policy’s continuation 15 months into the Obama Presidency. Her executive action suggestion will be dissected and discussed, and people will conclude, it is a correct reading of the law. Obama does have the power to end discharges, but he has not exercised it. And as the months and years of discharges drag on, it will become an increasing problem for him, politically and morally.

Now, perhaps recognizing a full-blown disaster in the making, White House issues a release that, doesn’t really agree with Gates, don’t really disagree. Like nearly everything they’ve said about DADT, no one can really arrive at a consensus about what it’s really saying.

The press silence on this story has been it’s death knell, a sudden surge of interest could be it’s resurrection. Just yesterday, I was griping to a friend that even Daily Kos, had thus far, mostly not Front Paged any stories examining with any detail, the “attachment” vs. “stallers” debate. Now, just last night, we saw three in a matter of hours. (The lone previous example I can think of was Dante Atkins story. Unfortunately his tacit endorsement of GetEQUAL’s more controversial attention grabbing tactics distracted most who read it from listening to his serious and correct assessment of the political and legislative realities that brought him to the conclusion.)

And maybe the press will report that “Waiting for the study,” is a dodge and not a very convincing one. We just passed health insurance reform bill that has provisions that don’t take effect until 2014. There is no reason to pretend we cannot pass a repeal law that similarly, goes into effect at a later date. Congress does this all the time.

There is a reasonable offer on the table to vote in 2010 for repeal, with a delayed implementation until after the study is complete. The policy can be sunset for sometime in 2011. The major LGBT lobbying groups including Human Rights Campaign,Servicemembers Unitedand the Servicemembers Legal Defense Networkhave indicated they are amendable to such a compromise. And my sense is, the grassroots will be too.

To avert this compromise, the stallers camp has to find a way to make the story go away. And I find it a little hilarious, in response to Chris Geidner of the LGBT news organization, DC Agenda inquiry about the White House reaction to Gates, Marc Ambinder tweeted:

@chrisgeidner all I know is that letter took WH by surprise. Working on more.

So I guess we may see them running with the idea that the Secretary of Defense issuing marching orders to Congress yesterday was a freelance project.

And with tomorrow’s GetEQUAL protest  event the story ain’t going away anytime soon.

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OPINION

‘I Hope You Find Happiness’: Moskowitz Trolls Comer Over Impeachment Fail

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8 hours ago

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April 24, 2024

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U.S. Rep. Jared Moskowitz (D-FL) is mocking House Oversight Committee Chairman Jim Comer over a CNN report revealing the embattled Kentucky Republican who has been alleging without proof President Joe Biden is the head of a vast multi-million dollar criminal bribery and influence-peddling conspiracy, has given up trying to impeach the leader of the free world.

CNN on Wednesday had reported, “after 15 months of coming up short in proving some of his biggest claims against the president, Comer recently approached one of his Republican colleagues and made a blunt admission: He was ready to be ‘done with’ the impeachment inquiry into Biden.” The news network described Chairman Comer as “frustrated” and his investigation as “at a dead end.”

One GOP lawmaker told CNN, “Comer is hoping Jesus comes so he can get out.”

“He is fed up,” the Republican added.

Despite the Chairman’s alleged remarks, “a House Oversight Committee spokesperson maintains that ‘the impeachment inquiry is ongoing and impeachment is 100% still on the table.'”

RELATED: ‘Used by the Russians’: Moskowitz Mocks Comer’s Biden Impeachment Failure

Last week, Oversight Committee Ranking Member Jamie Raskin (D-MD) got into a shouting match with Chairman Comer, with the Maryland Democrat saying, “You have not identified a single crime – what is the crime that you want to impeach Joe Biden for and keep this nonsense going?” and Comer replying, “You’re about to find out.”

Before those heated remarks, Congressman Raskin chided Comer, humorously threatening to invite Rep. Moskowitz to return to the hearing.

Congressman Moskowitz appears to be the only member of the House Oversight Committee who has ever made a motion to call for a vote on impeaching President Biden, which he did last month, although he did it to ridicule Chairman Comer.

It appears the Moskowitz-Comer “bromance” may be over.

Wednesday afternoon Congressman Moskowitz, whose sarcasm is becoming well-known, used it to ridicule Chairman Comer.

“I was hoping our breakup would never become public,” he declared. “We had such a great thing while it lasted James. I will miss the time we spent together. I will miss our conversations. I will miss the pet names you gave me. I only wish you the best and hope you find happiness.”

Watch the video above or at this link.

READ MORE: ‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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OPINION

‘Doesn’t Care if Pregnant Women Live or Die’: Alito Slammed Over Emergency Abortion Remarks

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April 24, 2024

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The U.S. Supreme Court heard oral arguments in a case centered on the question, can the federal government require states with strict abortion bans to allow physicians to perform abortions in emergency situations, specifically when the woman’s health, but not her life, is in danger?

The 1986 federal Emergency Medical Treatment and Active Labor Act (EMTALA), signed into law by Republican President Ronald Reagan, says it can. The State of Idaho on Wednesday argued it cannot.

U.S. Solicitor General Elizabeth Prelogar, The Washington Post’s Kim Bellware reported, “made a clear delineation between Idaho law and what EMTALA provides.”

“In Idaho, doctors have to shut their eyes to everything except death,” Prelogar said, according to Bellware. “Whereas under EMTALA, you’re supposed to be thinking about things like, ‘Is she about to lose her fertility? Is her uterus going to become incredibly scarred because of the bleeding? Is she about to undergo the possibility of kidney failure?’ ”

READ MORE: Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

Attorney Imani Gandy, an award-winning journalist and Editor-at-Large for Rewire News Group, highlighted an issue central to the case.

“The issue of medical judgment vs. good faith judgment is a huge one because different states have different standards of judgment,” she writes. “If a doctor exercises their judgment, another doctor expert witness at trial could question that. That’s a BIG problem here. That’s why doctors are afraid to provide abortions. They may have an overzealous prosecutor come behind them and disagree.”

Right-wing Justice Samuel Alito appeared to draw the most fire from legal experts, as his questioning suggested “fetal personhood” should be the law, which it is not.

“Justice Alito is trying to import fetal personhood into federal statutory law by suggesting federal law might well prohibit hospitals from providing abortions as emergency stabilizing care,” observed Constitutional law professor Anthony Michael Kreis.

Paraphrasing Justice Alito, Kreis writes: “Alito: How can the federal government restrict what Idaho criminalizes simply because hospitals in Idaho have accepted federal funds?”

Appearing to answer that question, Georgia State University College of Law professor of law and Constitutional scholar Eric Segall wrote: “Our Constitution unequivocally allows the federal gov’t to offer the states money with conditions attached no matter how invasive b/c states can always say no. The conservative justices’ hostility to the spending power is based only on politics and values not text or history.”

Professor Segall also served up some of the strongest criticism of the right-wing justice.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

He wrote that Justice Alito “is basically making it clear he doesn’t care if pregnant women live or die as long as the fetus lives.”

Earlier Wednesday morning Segall had issued a warning: “Trigger alert: In about 20 minutes several of the conservative justices are going to show very clearly that that they care much more about fetuses than women suffering major pregnancy complications which is their way of owning the libs which is grotesque.”

Later, predicting “Alito is going to dissent,” Segall wrote: “Alito is dripping arrogance and condescension…in a case involving life, death, and medical emergencies. He has no bottom.”

Taking a broader view of the case, NYU professor of law Melissa Murray issued a strong warning: “The EMTALA case, Moyle v. US, hasn’t received as much attention as the mifepristone case, but it is huge. Not only implicates access to emergency medical procedures (like abortion in cases of miscarriage), but the broader question of federal law supremacy.”

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

 

 

 

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Gag Order Breach? Trump Targeted Cohen in Taped Interview Hours Before Contempt Hearing

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13 hours ago

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April 24, 2024

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Hours before his attorneys would mount a defense on Tuesday claiming he had not violated his gag order Donald Trump might have done just that in a 12-minute taped interview that morning, which did not air until later that day. It will be up to Judge Juan Merchan to make that decision, if prosecutors add it to their contempt request.

Prosecutors in Manhattan District Attorney Alvin Bragg’s office told Judge Juan Merchan that the ex-president violated the gag order ten times, via posts on his Truth Social platform, and are asking he be held in contempt. While the judge has yet to rule, he did not appear moved by their arguments. At one point, Judge Merchan told Trump’s lead lawyer Todd Blanche he was “losing all credibility” with the court.

And while Judge Merchan directed defense attorneys to provide a detailed timeline surrounding Trump’s Truth Social posts to prove he had not violated the gag order, Trump in an interview with a local television station appeared to have done so.

READ MORE: ‘They Will Have Thugs?’: Lara Trump’s Claim RNC Will ‘Physically Handle the Ballots’ Stuns

The gag order bars Trump from “commenting or causing others to comment on potential witnesses in the case, prospective jurors, court staff, lawyers in the district attorney’s office and the relatives of any counsel or court staffer, as CBS News reported.

“The threat is very real,” Judge Merchan wrote when he expanded the gag order. “Admonitions are not enough, nor is reliance on self-restraint. The average observer, must now, after hearing Defendant’s recent attacks, draw the conclusion that if they become involved in these proceedings, even tangentially, they should worry not only for themselves, but for their loved ones as well. Such concerns will undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself.”

Tuesday morning, Trump told ABC Philadelphia’s Action News reporter Walter Perez, “Michael Cohen is a convicted liar. He’s got no credibility whatsoever.”

He repeated that Cohen is a “convicted liar,” and insisted he “was a lawyer for many people, not just me.”

READ MORE: ‘Old and Tired and Mad’: Trump’s Demeanor in Court Detailed by Rachel Maddow

Since Cohen is a witness in Trump’s New York criminal case, Judge Merchan might decide Trump’s remarks during that interview violated the gag order, if prosecutors bring the video to his attention.

Enter attorney George Conway, who has been attending Trump’s New York trial.

Conway reposted a clip of the video, tagged Manhattan District Attorney Bragg, writing: “cc: @ManhattanDA, for your proposed order to show cause why the defendant in 𝘗𝘦𝘰𝘱𝘭𝘦 𝘷. 𝘛𝘳𝘶𝘮𝘱 should not spend some quiet time in lockup.”

Trump has been criminally indicted in four separate cases and is facing a total of 88 felony charges, including 34 in this New York criminal trial for alleged falsification of business records to hide payments of “hush money” to an adult film actress and one other woman, in an alleged effort to suppress their stories and protect his 2016 presidential campaign, which experts say is election interference.

Watch the video below or at this link.

READ MORE: ‘Blood on Your Hands’: Tennessee Republicans OK Arming Teachers After Deadly School Shooting

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