Don’t Ask, Don’t Tell Barred By Court Again, Just In Time For Repeal
For the second time, a U.S. federal court has barred the government from enforcing Don’t Ask,Don’t Tell (DADT), the military’s ban on open-sevice by gay, lesbian, and bisexual service members. In a ruling released today, in response to a suit filed by the Log Cabin Republicans,Â the Ninth Circuit Court of Appeals specifically noted that Congress passed a law, signed by the president, that put Don’t Ask, Don’t Tell on a road to repeal.
Today’s ruling reaffirmed the October 12, 2010 ruling by Judge Virginia Phillips that found DADT to be unconstitutional. Judge Phillips at that time had orderedÂ the Department of Defense to â€œimmediately to suspend and discontinue any investigation, or discharge, separation, or other proceedingâ€ related to Donâ€™t Ask, Donâ€™tÂ Tell, but then eight days later the Ninth Circuit issued a “temporary” stay, which was removed today.
READ: DADT: President And Senate Ignore GOP House As It Tries To Stall Repeal
Many had hoped that the outgoing and now-former Secretary of Defense, Robert Gates, would have signed off on the repeal, along with his boss, President Obama, before he retired at the end of June.
Technically, the Ninth Circuit Court of Appeals has done that for them with this ruling, but it still is incumbent upon the President, now-Secretary of DefenseÂ Leon E. Panetta, and the Chairman of the Joint Chiefs of StaffÂ to certify that all branches of the military have successfully completed implementation of the repeal regulations and that implementation “is consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention of the Armed Forces.”
An additional 60 days must pass after those written statements are signed before DADT is officially repealed, based upon theÂ Military Readiness Enhancement Act, the law that put DADT on the road to repeal.
â€œI think people are pretty satisfied with the way this process is going forward,â€ Secretary Gates had said of the DADT repeal process,Â last month before retiring,Â adding that thereâ€™s been little fallout from the training or news of repeal. â€œI think people have been mildly and pleasantly surprised at the lack of pushback in the training.â€
MetroWeekly’s Chris Geidner writes of today’s decision, “DADT cannot be enforced, per the order, unless the government gets a stay of the order from either the Ninth Circuit of the U.S. Supreme Court pending an appeal of today’s decision.”
“Among the citations by the court is the July 1 filing in Karen Golinski’s federal case seeking health insurance benefits for her wife and the related Feb. 23 letter from Attorney General Eric Holder declaring that he and President Barack Obama had decided that heightened scrutiny applies to classifications — such as DADT.”
Alexander Nicholson, Executive Director of Servicemembers United and the sole veteran plaintiff on the case, issued a statement saying,Â “With the wait for certification dragging out beyond a reasonable time frame, the Court has once again stepped in to require the Pentagon to stop enforcing ‘Don’t Ask, Don’t Tell,’ and this time it very well may be for good.”
“I am proud to have worked personally worked with Log Cabin on this case for more than five years now and to have represented the gay military community as the sole named veteran on this lawsuit. Despite the criticisms and years of waiting, this case has yet again successfully eviscerated this outdated, harmful, and discriminatory law.”
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor
Donald Trump‘s attorney Evan Corcoran, who allegedly directed another Trump attorney to draft the false statement claiming all classified and sensitive documents had been returned, has been ordered to testify before a grand jury and hand over documents and records to Special Counsel Jack Smith in the Mar-a-Lago classified documents criminal investigation.
Trump appealed U.S. District Judge Beryl Howell’s decision ordering Corcoran to testify and hand over documents, including handwritten notes. The Appeals Court in light speed mode, rejected Trump’s appeal.
Corcoran will be testifying before the grand jury on Friday, CNN reports.
RELATED: ‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs
One former top DOJ official, Brandon Van Grack, says the “Special Counsel is about to get access to the most critical evidence in the case. Should allow DOJ to make a charging decision without significant delay.”
He did not define what “without significant delay” means in terms of days, weeks, or months.
Van Grack served at Main Justice for eleven years, including as a lead prosecutor in Special Counsel Robert Mueller’s Russia investigation, and later, as the Chief of the DOJ’s Foreign Agents Registration Act (FARA) Unit.
“The announcement from a panel of three judges in the appeals court – less than a day after Trump sought to put Corcoran’s testimony on hold – adds momentum to the special counsel investigation as it seeks to secure evidence that could make or break a federal criminal case against Trump,” CNN explains. “The Justice Department has successfully argued in court that prosecutors have enough evidence that Trump’s interactions with the lawyer were part of a possible crime that they can pierce the confidentiality of the conversations between the two.”
‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs
A former top Dept. of Justice official says a federal judge’s expedited ruling ordering an attorney for Donald Trump to testify against his client before a grand jury and hand over documents very well may be related to “national security.”
U.S. District Judge Beryl Howell ruled that DOJ Special Counsel Jack Smith had successfully made the case Donald Trump may have committed a crime, via his attorneys, in his classified documents case. That finding allowed her to invoke the crime-fraud exception, and order Trump attorney Evan Corcoran to testify before the grand jury investigating the ex-president’s unlawful retention and refusal to return hundreds of classified documents.
Former FBI General Counsel Andrew Weissmann, who also worked for Special Counsel Robert Mueller and headed the DOJ’s Criminal Fraud Section, Wednesday afternoon on MSNBC said it’s possible Judge Howell’s expedited decisions were related to national security.
Tuesday night Judge Howell ordered DOJ to provide information by 6:00 AM Wednesday.
READ MORE: Jim Jordan’s Attack on Manhattan DA Will ‘Backfire’ and Allow Democrats to Expose Coordination With Trump: Columnist
Trump appealed Howell’s ruling, and Wednesday afternoon the Appeals Court denied his appeal related to the documents, Politico reports.
“I’ve never seen anything that quick. It’s very hard to know why. I have to say, to me, when I think about what can be a plausible reason– and this is pure speculation – is that there must be something in the papers that gave the judges concern about national security implications, because it’s such a short timeframe.”
“The reason this is a bombshell is you could end up with Evan Corcoran as a key, fundamental witness against Donald Trump in an obstruction of justice case and a false statements case,” Weissmann adds.
According to Politico, Wednesday’s appeals court ruling “effectively permits the Justice Department to circumvent Trump’s attorney-client privilege after a lower-court judge found that the documents likely contain evidence of a crime.”
NEW: Trump Lawyer’s ‘Critical Evidence’ Will Help DOJ Make Decision to Charge ‘Without Significant Delay’: Former Prosecutor
This article was updated to correctly spell Andrew Weissmann’s last name.
RIGHT WING EXTREMISM
Trump Appeals After Judge Agrees With Special Counsel on Crime-Fraud Exception and Requires His Attorney to Testify
Donald Trump’s attorneys have appealed a ruling that requires one of his lawyers to testify before a grand jury investigating his unlawful removal, retention, and refusal to return classified documents from the White House.
Attorneys for the Special Counsel “said there is evidence of a deliberate effort not to turn over all the material covered by the subpoena,” The Washington Post reports, citing people familiar with the matter.
U.S. District Judge Beryl Howell had reportedly agreed with Special Counsel Smith that there is sufficient evidence proving Donald Trump may have committed a crime via his attorneys, and ruled his attorney must testify before a grand jury. The ruling, which was not made public, was handed down Friday night, NBC News reported Wednesday afternoon.
Judge Howell “ruled in favor of applying the ‘crime fraud’ exception to Trump’s attorney-client privilege and ordered Trump lawyer Evan Corcoran to testify before the federal grand jury.”
READ MORE: ‘On Standby’: Experts Say Manhattan Hush Money Grand Jury Delay ‘Not All That Surprising’
Trump’s attorneys have already appealed the ruling.
“People familiar with the matter said an appeals panel has already begun reviewing the decision, after Trump’s lawyers appealed,” The Washington Post adds. “The extraordinarily quick timeline suggests that the judges — all nominated by Democratic presidents — intend to rule swiftly.”
Trump could take his case all the way to the Supreme Court, but The Post says it’s “not clear he would have a much better chance of success there.”
According to an NBC News report from October, Corcoran directed another Trump attorney, Christina Bobb, to sign the letter claiming a thorough search of Mar-a-Lago had been made and all classified or “sensitive” documents had been returned. That was proven untrue after federal agents, executing a search warrant, recovered hundreds of documents with classified markings.
NEW: ‘National Security Implications’: Former DOJ Official Speculates on Ruling Ordering Trump Attorney to Hand Over Docs
- News3 days ago
‘This Man Is a Criminal’: George Conway Busts GOP’s ‘Completely Ridiculous’ Trump Defense
- BREAKING NEWS3 days ago
Jim Jordan Waging ‘Purely Political Attack’: Demands Bragg Testify Before Congress Over Expected Trump Indictment
- RIGHT WING EXTREMISM2 days ago
Powerful GOP Committee Chair Admits He Can’t Control Marjorie Taylor Greene
- News3 days ago
‘RICO’: Trump Could Be Facing Racketeering and Conspiracy Charges Used to Prosecute Organized Crime
- BREAKING NEWS3 days ago
Trump Files Sweeping Legal Motion to Try to Block Georgia Grand Jury Findings and District Attorney Fani Willis
- News3 days ago
Republicans Are ‘Obstructing Justice’ and ‘Becoming Accessories’ to Trump’s ‘Crimes’: Former Prosecutor
- News1 day ago
Florida GOP Lawmaker Who Wrote ‘Don’t Say Gay’ Bill Facing Up to 35 Years After Pleading Guilty in COVID Fraud Case
- RIGHT WING EXTREMISM2 days ago
‘Chilling’: Law Enforcement ‘Seriously’ Investigating Threats Ahead of Possible Trump Indictment Says Top WaPo Reporter