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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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Platner Scorched Over ‘Taking Time’ Video After New Accusation

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Maine Democratic U.S. Senate nominee Graham Platner is under fire after releasing a video declaring that new allegations against him are false, yet he is “taking time to reflect” on a path forward.

Politico on Monday afternoon reported that a woman who dated Platner, Jenny Racicot, “says he forced her to have sex with him nearly five years ago despite her repeated objections, an allegation Platner denies.”

“Racicot said she had an on-and-off relationship with Platner,” Politico reported, “for more than two years before he entered her rural Maine home uninvited one night in late 2021, deeply intoxicated, and forced himself on her while she repeatedly told him to stop. She said she cut off contact with him after telling him the encounter was not consensual.”

In a video posted to social media eleven minutes after the Politico story dropped, Platner says, “I wanted to directly address the troubling, serious, and false allegations against me. Any accusation of nonconsensual behavior is categorically false.”

He said he and his supporters “were united in a love of Maine, a belief that our politics must change, in a focus on defeating Susan Collins.”

“So, regardless of the inaccuracy of the reporting, but mindful the political reality will inflict, we are taking the time to reflect on the best path forward for the state that I love, the people that I love, the movement I belong to, and the goal of defeating Susan Collins.”

“Those were the goals when we launched this campaign. And they remain my goals today.”

“Throughout it all, you never turned your back on me. And I will not turn my back on you now. Every one of you deserves to see that vision come to fruition and see Susan Collins defeated. And we will use every tool at our disposal to do so.”

The Bulwark’s Tim Miller, a political commentator who served as the communications director for the Jeb Bush 2016 presidential campaign, blasted Platner.

“I’m sorry but ‘we are taking time to reflect on the best path forward’ is not an option on the table,” Miller wrote. “Either it’s false and you campaign with vigor or it’s true and you get out / apologize to everyone you let down.”

Journalist Ryan Grim, commenting on Platner’s video, noted that Platner “strongly suggests he is considering dropping out. Already Troy Jackson and Chellie Pingree, both gubernatorial candidates, are being kicked around in Maine circles as potential replacements.”

Several others, including Puck News’ Peter Hamby, predicted Platner will be dropping out.

Platner had postponed several campaign events before the Politico story was published.

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Trump Sparks Fury Online After Posting Unblurred Video of Muslim Kindergartners in Hijabs

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President Donald Trump is facing backlash after posting a video of children — including showing their unblurred faces — graduating from kindergarten, with some of the girls purportedly wearing hijabs.

“President Trump posted a captionless video of graduating kindergarteners on Truth Social on Monday, goading his supporters into verbally attacking little children simply for being Muslim,” The New Republic reported. “The clip is from Gateway STEM Academy, a majority-Black K-8 public charter school in St. Paul, Minnesota. It shows about 21 children in caps and gowns on stage singing a song together. Most of the girls are wearing hijabs.”

The original post of the video which Trump reposted reads: “Public school in St. Paul, Minnesota. Every girl is in a hijab … in kindergarten.”

Trump did not add any comments. TNR called the post “Islamophobic, weird, and creepy,” while noting that the comments section of Trump’s post was filled with calls “by racist, xenophobic MAGA supporters” to “deport the children and ban hijabs.”

TNR also noted that it “should come as no surprise that Trump isn’t above attacking children who just learned how to read, but this post is still particularly discomforting—and will certainly contribute to the already potent level of anti-Muslim sentiment in the U.S. and in Minnesota.”

Critics blasted Trump.

“There is something deeply unsettling about the president of the United States—the most powerful person in the world—going after kindergarten schoolchildren in Minnesota because they wore hijabs, as Trump has done this morning on his website,” The Bulwark’s Sam Stein wrote.

One social media commentator wrote, “Trump posted an unblurred video of more than a dozen Muslim kindergartners to Truth Social, exposing the children’s faces while targeting them for their religion.”

Another added, “Trump is a bigot. The president took to Truth Social to attack kindergarteners in hijabs. These are little kids. The president isn’t just a bigot, he’s also a coward.”

The original video was posted to the X social media platform in June.

U.S. Rep. Nancy Mace (R-SC) at the time commented, “If you are in a public school in America, you should be speaking english.”

 

Image via Reuters 

 

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One Legal Maneuver Threatens to Undo Everything E. Jean Carroll Won

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President Donald Trump’s apparent efforts to delay releasing the $5.8 million civil judgment to E. Jean Carroll are being met with a warning by the journalist’s legal team, who suggest there could be a legal maneuver for Trump to employ to forgo paying the judgment in either of the two cases he lost.

According to The Guardian, on July 4, U.S. District Judge Lewis Kaplan ordered Trump to release the $5.8 million judgment, which is in escrow, to Carroll by this coming Tuesday — or explain why he would not do so.

Carroll’s attorneys think Trump may be trying to buy time to mount another legal strategy, telling the judge that Trump’s request for an extension “appears to be little more than yet another play for time.”

“The case is separate from Trump’s appeal of a Manhattan civil jury’s 2024 award of $83.3m to Carroll for defamation,” The Guardian explains. “But her lawyers have suggested a legal scenario in which the president might seek to conjoin the cases and further delay payment of both.”

Carroll’s attorney Roberta Kaplan (no relation to the judge) wrote, “We can only assume that defendant is seeking … to buy time so he can try to concoct some new basis to put off paying plaintiff presumably in connection with his forthcoming petition and motion for a rehearing.”

Trump’s former attorney, Justin Smith, in one of his final acts, wrote to the Supreme Court suggesting that his client would be appealing the $83.3 million civil judgment.

Smith argued that the Supreme Court “may wish to consider the petitions together,” given they involve the same parties.

The larger judgment case involves possible questions of presidential immunity, and that has Carroll’s attorneys concerned.

“A conjoined case, Carroll’s lawyers fear, could result in both judgments being wiped out,” The Guardian reports.

The president has also made clear he is no fan of Judge Kaplan, after the jurist made several rulings that “angered” Trump.

“What else can you expect from a Trump Hating, Clinton appointed judge, who went out of his way to make sure that the result was as negative as it could possible be,” Trump wrote on Truth Social in 2023, “speaking to, and in control of, a jury from an anti-Trump area which is probably the worst place in the US for me to get a fair ‘trial’.”

 

Image via Reuters

 

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