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Don't Ask, Don't Tell: DOJ put on no affirmative case
As Judge Phillips notes in her decision -- not once, but twice -- the Justice Department put on no affirmative case, admitted no evidence and produced no witnesses. All it presented was the law itself and its legislative history. That is, there was no evidence the judge could consider to show that the DADT restrictions on First Amendment rights (and the other constitutional questions presented) served a necessary and legitimate military purpose. Nothing to prove that DADT acted to preserve and promote military readiness and unit cohesion.Shortly after the decision was rendered, Defense Secretary Robert Gates said that the decision to overturn DADT would have "enormous consequences" for the military. Gates must have some facts behind that statement. Why weren't those facts presented as evidence in the Log Cabin Republicans' case? And why wasn't the evidence of Marine Commandant Gen. James Conway submitted? Conway has strongly opposed repealing DADT. In an October 15 interview - shortly after the Phillips decision was released - Conway said that 90-95% of Marines felt that openly serving gays would cause potential problems with order and discipline. Conway's facts, like Gates's, weren't in evidence because, in boxing terms, the Justice Department took a dive in the case. It is entirely possible that they did so because the Obama administration is in favor of repealing DADT. Posted by: GolfBravoUSMC 2010-10-21 |
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