Barney Frank: Obama Will Drop DADT Court Defense Even If Senate Blocks Repeal

[Tx4obama]

Rep. Barney Frank (D-Mass.) said Thursday that President Obama would stop defending "don't ask, don't tell" in courts, even if a bill forcing its repeal fails to pass in the Senate.

"I believe he has no longer any obligation to defend it in court," Frank told MSNBC's Keith Olbermann about the military's law prohibiting gay servicemembers from openly serving. "If he's against it, the House majorities voted against it, an overwhelming majority of the Senate votes against it, the administrators don't want it, that's lost its legitimacy, and he's made that clear."

Frank explained that he expected the bill -- now planned for a Senate vote on Saturday -- to be passed and sent on for President Obama's signature. In the event of a last-minute change of heart from some of the bipartisan coalition who is expected to favor the measure, however, Frank said that he thought Obama would let go of his belief, in this case, that "presidents are supposed to defend laws."

"He (the President) will drop his defense of it because the argument has been 'well, you're the President and you have this obligation,' and I think that's generally right, we don't want the President picking and choosing what laws they defend in court. But this one will have lost its legitimacy, its moral legitimacy, its majoritarian claim, it won't be a case anybody could argue with the courts, overturning the will of the voter; the voters, majorities in the House and Senate have said, no more to this," Frank said.

http://www.huffingtonpost.com/2010/12/17/barney-frank-obama-dadt_n_798121.html

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Like President Obama has 'always' said 'DADT will end under his watch'. :)

[msongs]

1. like he said but he hasn't actually done anything to make that happen....yet nt

[Tx4obama]

3. Yes, he HAS done quite a bit to get 'Congress' to end it. n/t

[savalez]

9. +1

[GodlessBiker]

2. This is good news. I am hopeful.

[FLAprogressive]

4. I'm not going to put my money on it.

[David__77]

6. If it doesn't happen, gay voters will punish Obama.

I could be wrong. But the rug has been pulled out from under on ENDA and now this?

[ruggerson]

5. glad they've all finally come around to agreeing with what many of us have been saying all along

you gotta love politicians.

[AC_Mem]

7. President Obama will do the right thing

He allowed the republicans to show themselves over and over. It is very clear how republicans feel about DADT and/or the gay community. I really believe that President Obama is trying to be a good President and govern according to the law. We just need to give him time and most of all - SUPPORT.

He cannot do all this alone and Lord knows he is blocked by people who will do everything in their power to cause him to fail. I would rather have patience and believe that he is doing this in a way that will create a permanent solution, than to see him act too quickly and possibly create a loophole that could put any progress into the hands of the republicans.

Annette

[Warren DeMontague]

8. Hope he's right. Of course, it could also be done with an executive order.

It's way past time.

[Tx4obama]

11. A law enacted by Congress 'cannot' be 'permanently' changed by an executive order. n/t

[Warren DeMontague]

12. Hmmm. I was under the impression that as CIC, he could do it via executive order.

Like Truman did with racial segregation.

Maybe I was wrong on that point. :shrug:

[Tx4obama]

13. Well....

1) Truman issued an executive order to desegregate the military,
BUT at that time there was NOT a law enacted by Congress keeping African-Americans out of the military So, what Truman did can't be compared to DADT since DADT is an actual law enacted by Congress.

2) Any executive orders that President Obama issues 'could' be nullified by any executive orders that a future president were to issue - so basically executive orders are not 'permanent'.

So, the best way to 'permanently' get rid of the DADT 'law' is for Congress to vote to repeal it making it null and void.

[PufPuf23]

10. I hope POTUS Obama gets DADT in place.

I have no horse except for friends and world view more liberal in this regard than POTUS Obama.

I also hope gay Americans shun the MICC recognizing the talent that will be lost to the military.

IMO we should shrink the military rether than other Federal service and programs.