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READ: Here’s the (Laughable) Memo Trump Just Signed Authorizing His Ban of Transgender Service Members

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Trump Using Debunked Arguments Claiming Military Effectiveness and Lethality and Unit Cohesion Will Suffer

The White House early Friday evening released the memo President Donald Trump signed authorizing the Pentagon and Homeland Security to discharge transgender service members. In briefing reporters the White House highlighted three major points: First, the ban must be implemented by March of 2018, with decisions complete by January. Second, the ban includes an immediate halt to paying for all transgender transition related medical expenses. Third, it allows the Defense Secretary to use various factors to determine which transgender service members should be removed from the armed forces, and which, if any, should be allowed to stay.

RELATED: BREAKING – Trump Signs Memo Giving Pentagon Authority to Discharge Transgender Service Members

Below is the full text of the memo. But allow me to highlight a ludicrous passage first:

“In my judgment,” Trump’s memo states, “the previous Administration failed to identify a sufficient basis to conclude that terminating the Departments’ longstanding policy and practice” of not allowing open service by transgender service members “would not hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources, and there remain meaningful concerns that further study is needed to ensure that continued implementation of last year’s policy change would not have those negative effects.”

Trump is literally using the debunked talking points of the far right when they fought the repeal of “Don’t Ask, Don’t Tell.” 

Studies show they are not credible, which will only make the lawsuits that have been and are about to be filed even easier to win.

“Military effectiveness and lethality” and “unit cohesion” are all straw man arguments that the Trump administration cannot support in a court of law.

Below is the full text of the memo, via the White House. (For ease of reading we are not block quoting.):

 

MEMORANDUM FOR THE SECRETARY OF DEFENSE

                THE SECRETARY OF HOMELAND SECURITY

 

SUBJECT:        Military Service by Transgender Individuals

     Section 1.  Policy.  (a)  Until June 2016, the Department of Defense (DoD) and the Department of Homeland Security (DHS) (collectively, the Departments) generally prohibited openly transgender individuals from accession into the United States military and authorized the discharge of such individuals.  Shortly before President Obama left office, however, his Administration dismantled the Departments’ established framework by permitting transgender individuals to serve openly in the military, authorizing the use of the Departments’ resources to fund sex-reassignment surgical procedures, and permitting accession of such individuals after July 1, 2017.  The Secretary of Defense and the Secretary of Homeland Security have since extended the deadline to alter the currently effective accession policy to January 1, 2018, while the Departments continue to study the issue.

 

     In my judgment, the previous Administration failed to identify a sufficient basis to conclude that terminating the Departments’ longstanding policy and practice would not hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources, and there remain meaningful concerns that further study is needed to ensure that continued implementation of last year’s policy change would not have those negative effects.

 

     (b)  Accordingly, by the authority vested in me as President and as Commander in Chief of the Armed Forces of the United States under the Constitution and the laws of the United States of America, including Article II of the Constitution, I am directing the Secretary of Defense, and the Secretary of Homeland Security with respect to the U.S. Coast Guard, to return to the longstanding policy and practice on military service by transgender individuals that was in place prior to June 2016 until such time as a sufficient basis exists upon which to conclude that terminating that policy and practice would not have the negative effects discussed above.  The Secretary of Defense, after consulting with the Secretary of Homeland Security, may advise me at any time, in writing, that a change to this policy is warranted.

 

     Sec. 2.  Directives.  The Secretary of Defense, and the Secretary of Homeland Security with respect to the U.S. Coast Guard, shall:

 

     (a)  maintain the currently effective policy regarding accession of transgender individuals into military service beyond January 1, 2018, until such time as the Secretary of Defense, after consulting with the Secretary of Homeland Security, provides a recommendation to the contrary that I find convincing; and

 

     (b)  halt all use of DoD or DHS resources to fund sex‑reassignment surgical procedures for military personnel, except to the extent necessary to protect the health of an individual who has already begun a course of treatment to reassign his or her sex.

 

     Sec. 3.  Effective Dates and Implementation.  Section 2(a) of this memorandum shall take effect on January 1, 2018.  Sections 1(b) and 2(b) of this memorandum shall take effect on March 23, 2018.  By February 21, 2018, the Secretary of Defense, in consultation with the Secretary of Homeland Security, shall submit to me a plan for implementing both the general policy set forth in section 1(b) of this memorandum and the specific directives set forth in section 2 of this memorandum.  The implementation plan shall adhere to the determinations of the Secretary of Defense, made in consultation with the Secretary of Homeland Security, as to what steps are appropriate and consistent with military effectiveness and lethality, budgetary constraints, and applicable law.  As part of the implementation plan, the Secretary of Defense, in consultation with the Secretary of Homeland Security, shall determine how to address transgender individuals currently serving in the United States military.  Until the Secretary has made that determination, no action may be taken against such individuals under the policy set forth in section 1(b) of this memorandum.

 

     Sec. 4.  Severability.  If any provision of this memorandum, or the application of any provision of this memorandum, is held to be invalid, the remainder of this memorandum and other dissimilar applications of the provision shall not be affected.

 

     Sec. 5.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

 

           (i)   the authority granted by law to an executive department or agency, or the head thereof; or

 

           (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

 

     (b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

 

     (c)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

 

     (d)  The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

 

 

 

                                DONALD J. TRUMP

###

 

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Image by Ted Eytan via Flickr and a CC license 

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News

Trump Appears to Think Jeb Bush Was President: ‘He Got Us Into the Middle East’

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During a rally in South Carolina on Monday, Donald Trump appeared to confuse former Florida GOP Governor Jeb Bush with his brother, former President George W. Bush, while bragging to supporters how he beat him.

Jeb Bush, who was largely considered to be the default Republican Party nominee for the 2016 presidential election when he launched his campaign, dropped out in February of 2016 after the South Carolina primary.

“When I come here, everyone thought Bush was going to win,” Trump said, before claiming he was “up by about 50 points” over Bush. “They thought Bush because Bush was supposedly a military person.”

“You know what he was…He got us into the Middle East,” Trump claimed, wrongly. “How did that work out?”

READ MORE: ‘Isn’t Glock a Good Gun?’ Trump Asks Before Saying He Is Buying One – Campaign Forced to Deny He Did

“But they also thought that Bush might win. Jeb. Remember Jeb? He used the word ‘Jeb,’ he didn’t use the word ‘Bush,’ I said, ‘You mean he’s ashamed of the last name?’ and then they immediately started using the name Bush,” Trump claimed.

The ex-president went on to continue denigrating Jeb Bush, accusing him of bringing his mother to campaign with him.

“Remember,” Trump said, “he brought his mother, his wonderful mother who’s 94 years old and it was pouring and they’re wheeling her around and it’s raining and horrible. I said, ‘Who would do that your mother, 94 years old. How desperate are you to win?”

Media Matters’ Craig Harrington, commenting on Trump’s latest gaffe, observed: “In the past two weeks, Donald Trump has:

– Warned that Joe Biden might start ‘World War 2’
– Confused his 2016 election opponent (Hillary Clinton) with former President Barack Obama
– Confused his 2016 primary opponent (Jeb Bush) with former President George W. Bush.”

Watch the video below or at this link.

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

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Fulton County Judge in Trump Case Orders Jurors’ Identities and Images Must Be Protected

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The Fulton County Superior Court judge presiding over Georgia’s RICO, conspiracy, and election interference case against Donald Trump on Monday afternoon ordered the identities and images of all jurors and prospective jurors to remain secret, ordering they may only be referred to by a number.

“No person shall videotape, photograph, draw in a realistic or otherwise identifiable manner, or otherwise record images, statements, or conversations of jurors/prospective jurors in any manner” that would violate a Superior Court rule, Judge Scott McAfee ordered, “except that the jury foreperson’s announcement of the verdict or questions to the judge may be audio recorded.”

“Jurors or prospective jurors shall be identified by number only in court filings or in open court,” he added.

READ MORE: ‘Careening’ Toward ‘Risk of Political Violence’: Experts Sound Alarm After Trump Floats Executing His Former General

Judge McAfee also ordered no juror’s or prospective juror’s identity, “including names, addresses, telephone numbers, or identifying employment information” may be revealed.

MSNBC’s Katie Phang posted the order, and added: “Another important part of the Order: no responses from juror questionnaires or notes about jury selection shall be disclosed, unless permitted by the Court.”

Judge McAfee’s order comes after Donald Trump’s weekend of attacks on his former Chairman of the Joint Chiefs of Staff, General Mark Milley. Trump strongly suggested he should be executed for treason. Trump also strongly suggested he would target Comcast, NBC News, and MSNBC if he wins the 2024 presidential election.

Responding to the news, MSNBC’s Medhi Hasan observed, “We have just normalized the fact that the former president, and GOP presidential frontrunner, is basically a mob boss.”

 

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News

‘Isn’t Glock a Good Gun?’ Trump Asks Before Saying He Is Buying One – Campaign Forced to Deny He Did

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During a photo shoot at a South Carolina gun shop, Donald Trump posed with and then said he wanted to buy a Glock, asking if it is “a good gun.”

Some say it might be illegal to sell a gun to anyone under criminal indictment, and if he took the gun with him that too might be illegal. It was not clear if, despite saying he would, he actually bought the firearm. The Trump campaign initially said he had, although later backtracked on its claim, and deleted the social media post saying he had.

In the photo op (video below,) Trump posed with several people, including the Republican Attorney General of South Carolina, Alan Wilson, who has held that elected position since 2011.

“Trump’s spokesman announced that Trump bought a Glock today in South Carolina. He even posted video,” wrote former Chicago Tribune editor Mark Jacob. “If Trump took the gun with him, that’s a federal crime since he’s under indictment. There’s also a law against selling a gun to someone under federal indictment like Trump.”

READ MORE: ‘Poof’: White House Mocks Stunned Fox News Host as GOP’s Impeachment Case Evaporates on Live Air

Reuters’ crime and justice reporter Brad Heath posted the federal laws that might apply, as well as Trump’s campaign spokesperson’s clip of the ex-president’s remarks, and his spokesperson saying, “President Trump purchases a @GLOCKInc in South Carolina!”

CNN analyst Stephen Gutowski, who writes about gun policy, added, “It would be a crime for him to actually buy this gun because he’s under felony indictment. Did he actually go through with this purchase?”

“People under felony indictments can’t ‘receive’ new firearms. That also means you can’t buy them,” he also wrote.

MSNBC anchor and legal contributor Katie Phang wrote, “I don’t know if he actually bought the gun. At least it didn’t happen in this video. Also, the Attorney General of South Carolina is in this video. Is he watching Trump commit a crime?”

But some pointed to a federal judge in Texas’ ruling from last year. Reuters reported, a “federal law prohibiting people under felony indictment from buying firearms is unconstitutional.”

Watch the video below or at this link.

 

 

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