DONNELLY: Christiane, you changed the subject, or the general is changing the subject. This entire report does not include one positive argument of why this should be done. That is its primary flaw. All it talks about is mitigating problems.
There was a phony argument that was raised, something about the courts will have to -- the Congress will have to work so the courts don't. The reason that's a phony argument is because a rogue ruling in San Diego is under appeal. The Supreme Court will overturn it. The courts do not have the power to run the military.
But if Congress acts prematurely, that precedent will stand, making all kinds of problems with the military.
COOPER: Let's talk positives. Let's talk positives.
DONNELLY: This is the case that you brought to court. You (inaudible) judge to say that she should be the supreme judicial commander of the military? It's ridiculous.
COOPER: I prefer the legislative process. That's actually ideal. Congress -- Congress born this thing. They should kill the darn thing. Let's talk about positives...
DONNELLY: But you don't -- you don't blackmail Congress and say a judge will do it first.
COOPER: Let's talk about positives, Elaine. For starters, there are people who've abused this statue to get out of their military commitments. There's nothing that ticks me off more as a combat veteran, a current serving officer, someone to try to get out of their commitment. It's a bunch of B.S.
And people have used "don't ask/don't tell" after being paid for medical school training or law school training and say, oh, you know what? By the way, sir or ma'am, I'm gay. And then they're...
DONNELLY: If they were not eligible to be in the service...
COOPER: That's -- that's B.S.
DONNELLY: ... they should not have been brought in, in the first place.
COOPER: So that's another -- that's a positive. We remove that.
DONNELLY: That's why the law...
COOPER: We also remove the specter of discharge...
DONNELLY: The law should have been forced as...
MAGINNIS: Well, that's Bill Clinton's invention, and you know that, Chuck.
AMANPOUR: OK. OK.
DONNELLY: We do not support "don't ask/don't tell," never have.
MAGINNIS: Most of us don't agree with that particular provision.
AMANPOUR: They -- they say gays should not be serving in the military at all.
DONNELLY: That's what the law saws.
COOPER: Well, they have been since the -- since the 1630s before there was even a United States, when we had -- when we were -- when we had a home guard here, so come on.
DONNELLY: The Pentagon encourages dishonesty, but that's not the fault of the law.
(UNKNOWN): Wow, it's a remarkable statement.
DONNELLY: What we should be looking about, the lesbian, gay, bisexual, transgender law that -- what you are advocating. There is nothing in the report about the effects of zero tolerance.
DONNELLY: It would force people out of the military.
AMANPOUR: I want to -- I want to -- I want to raise what Admiral Mullen has said, because the idea of lying and compromising your integrity is what's really motivating him, as well as...
COOPER: Or compromising national security.
MAGINNIS: Oh, absolutely.
AMANPOUR: Let me raise what he said.
DONNELLY: It's the fault of the Pentagon.
(BEGIN VIDEO CLIP)
MULLEN: Because I think it -- it belies us as an institution. We value integrity as an institution.