TPM: DOJ Asks for Stay of DADT Injunction Pending Appeal

[flpoljunkie]

DOJ Asks For Stay Of DADT Injunction Pending Appeal

The Department of Justice today asked a federal judge to allow the military to continue enforcing Don't Ask, Don't Tell, pending the DOJ's appeal.

The federal government will filed the request with Judge Virginia Philips, who earlier this week ordered the military to stop enforcing DADT, to stay her injunction pending appeal.

The Advocate reported earlier that if Philips denies the stay, the DOJ will ask the Ninth Circuit Court of Appeals, the court that will hear any potential appeal, for an emergency stay.

The policy, which bars openly gay men and women from serving in the military, has been in limbo since Philips issued the order on Tuesday. Today, White House Press Secretary Robert Gibbs told reporters that the Department of Defense is working on guidance "for the entire chain of command that should be ready and out soon."

Until a stay is granted, the armed forces are more than likely obeying the injunction. The Servicemembers Legal Defense Network, which defends troops discharged under DADT, today published an email from Richard C. Harding, the judge advocate general of the Air Force. In the email, Harding advises that the military "will abide by terms."

The Pentagon confirmed that the email was from Harding.

"The Department of Defense will of course obey the law, and the email noted that, in the meantime, the Department will abide by the terms in the court's ruling, effective as of the time and date of the ruling," Pentagon spokeswoman Cynthia Smith told TPM.

http://tpmmuckraker.talkingpointsmemo.com/2010/10/reports_doj_will_ask_for_stay_of_dadt_injunction_p.php?ref=fpblg

[jenmito]

1. Obama will be very actively involved in getting DADT repealed by talking to Senators.

When Gibbs was asked about the DOJ appealing the Fed. judge's ruling on immediately ending DADT and its discriminatory practices, he told the reporter that Obama is for ending DADT through Congress, and will actively lobby Senators during the lame duck session to make it happen. He said that DADT's days are nearing an end, that he thinks it's discriminatory, and that GLBT people should be able to serve openly.