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Servicemembers Legal Defense Network Marches On, Technologically

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In 1994, the company I was running, ApolloMedia, purchased the electronic rights to “Conduct Unbecoming,” the journalistic masterpiece written by the late Randy Shilts that provided the most comprehensive to date overview of gays and lesbians serving in the U.S. military.

Conduct Unbecoming CD-ROM CoverReleased in 1995, rich with photographs, video and complementary documents and articles, the CD-ROM contained ePost, the first ever technological tool enabling users to find, and communicate directly with, their elected representatives (through email for the few who had it back then, or by fax, simply by typing in your zip code). Rolling Stone magazine called Conduct Unbecoming “a political statement” and “an evolutionary CD-ROM.”

In the course of the production, we met and interviewed a small but dedicated organization that had formed a couple of years earlier, founded by attorneys Michelle Benecke and Dixon Osburn. In a very short time they had already become an invaluable resource for servicemembers becoming dangerously ensnared in the newly implemented, vague, unconstitutional “Don’t Ask, Don’t Tell” (DADT) policy, providing, in addition to life-saving information, free, confidential, high quality legal service.

The language of the policy, which among many insidious things, failed to distinguish between content and conduct. Saying you were gay was indistinguishable from being gay, and being gay was indistinguishable from engaging in same sex conduct. Even if you were a celibate, virgin who had never been touched.  The very CD-ROM we were producing, if caught in the possession of a servicemember, would be more than enough to trigger an investigation and lead to a discharge under the DADT policy. (The Navy attempted to block release of the CD-ROM itself.)

Stretched for resources as word of their existence spread, a mechanism was needed to enable them to communicate as much information as possible to as many servicemembers possible. They also needed to communicate with the media, who had become reliant on them to provide accurate information as to what was happening under the policy.

And so in 1995, we built them a website, establishing them as among the first of pioneering non-profit organizations to turn to the Internet as more than simply a static, electronic marketing brochure. The information, advice and warnings on the website provided invaluable assistance to those finding the vague tenets of the policy almost impossible to navigate.

The organization — Servicemembers Legal Defense Network (SLDN) — proved to be a lifeline to countless servicemembers. Having responded to over 11,000 requests for assistance to date, SLDN was a powerful and primary player in the repeal of DADT, and remains a critical resource in a post-DADT military environment, still worthy of support.

Michelle Benecke and Dixon Osburn

Michelle Benecke and Disxon Osburn, Co-Executive Directors, Servicemembers Legal Defense Network, 1994

On January 12, 2012, SLDN launched a new online toolkit to assist veterans discharged under “Don’t Ask, Don’t Tell” (DADT) or the prior regulations prohibiting gay and lesbian service in the military seeking changes to their discharge paperwork.

“Since repeal, word has spread rapidly about this opportunity, and our attorneys have experienced a surge in calls from veterans seeking our services. This toolkit will streamline the process for them and help us get results for them more quickly. We urge anyone interested in this assistance to contact our office and let us help,” said SLDN Legal Director David McKean in a SLDN press release.

According to SLDN Executive Director Aubrey Sarvis, more than 100 gay and lesbian veterans who were discharged under DADT have already sought to have their discharge paperwork changed or upgraded.

“Sometimes it’s for reasons of personal pride and setting the record straight about honorable service to our country. But often, there’s also a very practical reason, like urgently needed VA medical benefits or issues of employment. Employers routinely request discharge paperwork when reviewing job applicants who have prior military service. A narrative reason for separation of ‘homosexuality’ or a negative reentry code can mean forcing veterans to out themselves to future employers or being denied employment altogether,” Jarvis stated in a SLDN press release.

In September 2011, Melvin Dwork, a World War II veteran who served in the Navy and was discharged in 1944 for being gay was able to upgrade his discharge paperwork owing to SLDN’s assistance.

As the organization continues its valuable work and continues to use technology in pursuit of its formidable goals and objectives, I feel privileged to have worked with Michelle Benecke and Disxon Osburn, who quickly saw the resource value of a website beyond a simple fund-raising vehicle. From the outset, SLDN served as an online destination that could save careers and in some cases, even lives.

Our collaborative efforts relating to the development of the web site allowed us to explore and innovate privacy solutions that were virtually non-existent, so that accessing the site wouldn’t compromise the identity of its visitors. A site that made (and continues making) life better for servicemembers who served their country with honor; setting legal precedents that ultimately led to DADT’s demise; and restoring the respect and dignity they so richly deserved.

As SLDN prepares to celebrate is 20th anniversary this year, the release of their new online Discharge Upgrade kit suggests the organization will continue to build and innovate on its strong foundations and technological legacy.

 

Clinton Fein is an internationally acclaimed author, artist, and First Amendment activist, best-​known for his 1997 First Amendment Supreme Court victory against United States Attorney General Janet Reno. Fein has also gained international recognition for his Annoy​.com site, and for his work as a political artist. Fein is on the Board of Directors of the First Amendment Project, “a nonprofit advocacy organization dedicated to protecting and promoting freedom of information, expression, and petition.” Fein’s political and privacy activism have been widely covered around the world. His work also led him to be nominated for a 2001 PEN/Newman’s Own First Amendment Award.

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‘Lame Duck’ Trump Loses Major Battle in Indiana: ‘Not Even Close to Being Close’

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President Donald Trump’s efforts to compel Indiana lawmakers to enact a mid-decade congressional map that could have wiped out all of the Hoosier State’s Democratic seats in the U.S. House of Representatives has failed.

“Republicans hold a 40-10 advantage in the state Senate but still rejected Trump’s pressure,” The Washington Post reported. HuffPost called it a “a furious pressure campaign by Trump.”

“Indiana’s proposed congressional map goes down in flames in the state Senate, 31-19,” Votebeat managing editor Nathaniel Rakich observed. 26 votes were needed for the new maps to have been adopted.

Politico reported that the “failed vote is the culmination of a brass-knuckled four-month pressure campaign from the White House on recalcitrant Indiana Republicans that included private meetings and public shaming from Trump, multiple visits from Vice President JD Vance, whip calls from Speaker Mike Johnson and veiled threats of withheld federal funds.

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“Not even close to being close,” noted Bloomberg Government’s Jonathan Tamari. “I certainly did not predict the Indiana state Senate as a hotbed of Trump resistance.”

“Trump’s such a lame duck that he is getting his a– kicked by the Indiana State Senate,” remarked former Obama senior advisor Dan Pfeiffer.

Journalist Todd Zwillich called it a “Wholesale rejection” of a “threat” from the conservative Heritage Action.

Aaron Fritschner, deputy chief of staff for U.S. Rep. Don Beyer (D-VA), noted that Trump “didn’t just lose that vote, he got blown out.”

Lesson for national Republicans,” wrote Jessica Riedel of the Brookings Institution. “You don’t have to sell out every principle and publicly worship Trump. Really, you can just do things. And you should ask why it took some state legislators in Indiana to finally stand up for common sense governance.”

You do, unironically and in earnest, have to hand it to the Indiana GOP for not giving in to the threats on their lives etc.,” declared Everytown Senior Director of Communications Max Steele. “Trump is a duck getting lamer by the day. Hopefully this emboldens others to do what’s right.”

READ MORE: ‘Where Is Antifa Headquartered?’: FBI Official Struggles Defending Top Threat Label

 

Image via Reuters

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‘Shakedown’: Outrage Over Claim of Trump Plan to Defund Indiana in Map Clash

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Heritage Action and President Donald Trump are coming under fire after the conservative advocacy organization made a claim that the president threatened to defund the state of Indiana should lawmakers not pass legislation to redraw its congressional district maps.

“President Trump has made it clear to Indiana leaders: if the Indiana Senate fails to pass the map, all federal funding will be stripped from the state,” Heritage Action wrote on social media on Thursday. “Roads will not be paved. Guard bases will close. Major projects will stop. These are the stakes and every NO vote will be to blame.”

The post ended with, “#PassTheMap.”

While President Trump has publicly threatened to support primary challengers against lawmakers who oppose his redistricting push, NCRM has not found any news reports confirming Heritage Action’s assertion. It is possible the group is relying on information that has not been reported or made public.

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Should Indiana pass legislation to redistrict, it reportedly could pick up only two more GOP-held seats.

Critics blasted Heritage Action, a sister group to the Heritage Foundation, for appearing to support Trump’s alleged threat, and blasted the president as well.

“The president and one of the most influential conservative groups in the country are threatening to deprive all Indiana residents of paved roads, guard bases, and major projects if they don’t pass an extremely gerrymandered map to deprive voters of choice,” noted Isaac Saul, founder of Tangle News. “Awesome stuff.”

“Heritage sure loves authoritarianism,” remarked Media Matters researcher Zachary Pleat.

Calling it “nonsense,” Joel Griffith, a senior fellow at the conservative group Advancing American Freedom wrote: “Appalling to see @Heritage_Action endorse this unconstitutional threat by @realDonaldTrump. The President does not have power to coerce state legislators to redraw congressional maps.”

Others appeared to aim their ire directly at the president.

READ MORE: ‘Shaky’ House GOP Leadership ‘Losing Control’: Report

“This is the behavior of a madman,” declared Tim Carney, a senior fellow at the conservative American Enterprise Institute.

“This isn’t conservative. This is fascist,” commented former Republican U.S. Congressman Joe Walsh.

Mother Jones’ D.C. bureau chief David Corn declared the move “dictatorial.”

“This does not sound like an appropriate or legal use of federal authority or presidential discretion,” observed Bloomberg columnist Matthew Yglesias.

“Nothing about this shakedown is conservative,” noted CNN’s Jake Tapper.

Jacob Stewart, the deputy opinion editor for the IndyStar called the move “illegal.”

Jonah Goldberg, editor-in-chief of the conservative online magazine The Dispatch, wrote: “I remember when Heritage cared about federalism, the rule of law, separation of powers, and all that stuff. Now it’s all ‘We love Trump’s musk, do what he says (or what Tucker says).'”

“This is called extortion,” wrote former White House correspondent Sam Youngman, also deeming it “illegal.”

“If this comes to pass,” wrote IndyStar columnist James Briggs, “then the story will be that Trump is punishing Indiana citizens for reasons that have nothing to do with them and so-called Indianans will see the punitive measures for what they are.”

READ MORE: ‘You’re a Loser Dude’: Carville Scorches Trump as ‘Done’

 

Image via Reuters

 

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‘Where Is Antifa Headquartered?’: FBI Official Struggles Defending Top Threat Label

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A top FBI official struggled to explain his claim that Antifa is the “most immediate violent threat” America is facing, as he was challenged to provide details.

Former Trump FBI Director Christopher Wray stated in 2020 congressional testimony that Antifa is “not a group or an organization. It’s a movement or an ideology.” The BBC has explained that Antifa is “a loosely organized, leftist movement that opposes far-right, racist and fascist groups.”

“Antifa is short for anti-fascist,” BBC added. “It is a loose, leaderless affiliation of mostly far-left activists.”

House Homeland Security Committee Ranking Member Bennie Thompson on Thursday asked Michael Glasheen, FBI National Security Operations Director, to describe “organizations that pose, on the domestic side,” the number one and number two threats to the homeland.

READ MORE: ‘Shaky’ House GOP Leadership ‘Losing Control’: Report

Glasheen asked for clarification.

“Any domestic terrorist organizations that poses a threat to the homeland as we speak,” Thompson replied.

Pointing to President Trump’s designation of Antifa as a domestic terrorist organization, Glasheen said, “That’s our primary concern right now.”

He described Antifa as “the most immediate violent threat that we’re facing on the domestic side.”

“So, where is the Antifa headquartered?” Thompson pressed.

After a pause, Glasheen said: “What we’re doing right now —” before Thompson cut him off.

“Where, in the United States, does Antifa exist?” he asked. “If it’s a terrorist organization — and you’ve identified it as number one.”

“We are building out the infrastructure right now,” Glasheen responded.

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“So what does that mean?” Thompson pressed. “Where do they exist? How many members do they have in the United States as of right now?”

“Well, that’s very fluid,” Glasheen said, describing it as “ongoing,” before comparing the situation to Al Qaeda and ISIS.

“I asked one question, sir,” Thompson replied. “I just want you to tell us. If you said Antifa is the number one domestic terrorist organization, operating in the United States, I just need to know where they are, how many people. I don’t want a name. I don’t want anything like that. Just, how many people have you identified with the FBI, that Antifa is made of?”

“Well, the investigations are active,” Glasheen replied.

“Sir, you wouldn’t come to this committee and say something you can’t prove. I know. I knew you wouldn’t do that. But you did.”

READ MORE: ‘His Heart Just Ain’t in It’: Report Reveals Trump’s ‘Achilles Heel’

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