Tuesday, October 19, 2010

Judge Phillips Tentatively Rejects "Don't Ask, Don't Tell" Stay Request

Judge Virginia Phillips has tentatively rejected the request by the Liar-in-Chief's Department of Justice that she stay her injunction banning discharges under DADT. Obama's minions are claiming that there will be "enormous consequences" if the stay of discharges is not lifted. In reality, the only likely consequences is that there will be NO negative consequences and this reality will underscore the lie that has always been behind DADT: religious based discrimination to satisfy the Christofascists and old dinosaurs and bigots who make up far too much of the senior military brass. Obama and company are terrified that the stay and the absence of any disruptions will further undercut DADT. The Los Angeles Times has coverage on Phillips' reaction to the DOJ's dishonest pleas to date. Here are highlights:
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A federal judge in Riverside who declared the military's "don't ask, don't tell" policy banning gays unconstitutional issued a tentative ruling Monday rejecting the federal government's request to stay her decision while the case is appealed.
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U.S. District Judge Virginia Phillips said the government failed to provide sufficient proof that her injunction halting the policy would cause "irreparable harm" to the military or that the government's appeal would be successful. Phillips planned to issue her final decision early Tuesday.
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Paul Freeborne of the U.S. attorney's office argued that the injunction immediately halting enforcement of the policy, which bans gays and lesbians from serving openly in the military, jeopardized national security.
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In a sworn declaration submitted to the court, Clifford L. Stanley, undersecretary of defense for overall military readiness, cautioned . . . The stakes are so high, and the potential harm so great, that caution is in order," he said.
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But Phillips on Monday rejected that argument. The judge said her ruling ordered an end to all discharge and separation proceedings under "don't ask, don't tell," but did not prohibit the military from crafting a new policy or educating military personnel about serving side by side with openly gay service members.
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Phillips also said that the government failed to produce any evidence during the two-week trial that showed allowing gays in the military would harm military readiness or troop cohesion.
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Dan Woods, the lead attorney for the Log Cabin Republicans, argued during Monday's hearing that lifting the judge's injunction would "deprive very patriotic Americans of their constitutional rights" and urged the judge to keep it in place.
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The dishonesty of Obama is palpable: he claims to want the repel of DADT yet heis DOJ fights to support the policy and recites the same lies that one might expect out of the mouth of Elaine Donnelly or Tony Perkins. Obama is indeed the Liar-in-Chief. I no longer believe anything the man says.

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