Using Outdated Quotes from Colin Powell, Obama Justice Department Files Brief to Support Don’t Ask/Don’t Tell Policy
EmailUsing 17-year-old language from Gen. Colin Powell (ret.) that the former Joint Chiefs Chairman says he no longer believes, President Obama's Justice Department filed a brief in court this week supporting the military's "Don't Ask/Don't Tell" policy, which the president has said he wants to rescind.
Responding to a constitutional challenge to the law prohibiting gay and lesbian troops from serving openly in the military in the case Log Cabin Republicans v. Defense Secretary Robert Gates, Assistant Attorney General Tony West cited previous court findings that Congress "could have rationally found the DADT policy to be necessary to 'further military effectiveness by maintaining unit cohesion, accommodating personal privacy and reducing sexual tension.'"
Justice Department spokeswoman Tracy Schmaler said that the Obama administration is committed to overturning the law, but the Justice Department regularly defends statutes that are currently law, regardless of the president's support for the laws. Said Schmaler in a statement: “In this case the Department is defending the statute, as it traditionally does when acts of Congress are challenged. The Department does not pick and choose which federal laws it will defend based on any one Administration’s policy preferences.”
That explanation did not cut the mustard with many gay rights advocates, including Richard Socarides, a former White House adviser for President Bill Clinton, who asked, "What is (Attorney General) Eric Holder thinking? Is the Department of Justice on auto piliot? The president campaigns against 'Don't Ask Don't Tell' and says it's unconstitutional. Gates and (Joint Chiefs Chairman Admiral Mike) Mullen say it lacks integrity. What is he thinking when he uses homophobic language – 18 years old – from Colin Powell – who himself is now against it. Inexplicable."
In his brief, Phillips quoted Powell at length from his 1993 congressional testimony, saying “[t]o win wars, we create cohesive teams of warriors who will bond so tightly that they are prepared to go into battle and give their lives if necessary for the accomplishment of the mission and for the cohesion of the group and for their individual buddies.”
In an extensive footnote, West cited Powell testifying that "homosexual conduct" in units “involves matters of privacy and human sexuality that, . . . if allowed to exist openly in the military, would affect the cohesion
and well-being of the force" and that “it would be prejudicial to good order and discipline” if the military required heterosexuals and persons who demonstrate that they do or are likely to engage in homosexual acts “to share the most private facilities together,” and that “[c]ohesion is strengthened or weakened in the intimate living arrangements we force upon our people. . . . In our society gender differences are not considered conducive to bonding and cohesion within barracks living spaces.”
West's brief did not mention that, after Gates and Mullen testified in favor of overturning the ban,
Powell said that he no longer felt the same way about the issue as he did almost a generation ago.
"Attitudes and circumstances have changed," Powell said in an interview with the Washington Post. "It's been a whole generation" since the legislation was adopted, and there is increased "acceptance of gays and lesbians in society. Society is always reflected in the military. It's where we get our soldiers from."
"If the chiefs and commanders are comfortable with moving to change the policy," Powell said, "then I support it."
While the brief has not caused as much as a ruckus within the gay and lesbian rights community as did one upholding the Defense of Marriage Act that cited incestuous unions and that of an underage girl, — which led to some activists boycotting Democratic Party fundraisers — the brief is causing consternation nonetheless.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network said that the brief "restates at length policy arguments that are inconsistent with where the leadership of this country is today, and where the American people are on open service. The lengthy quotations from then-JCS Chairman Colin Powell were particularly unfortunate and ironic in light of his recent statement that it was now time to change the policy…. (T)here continues to be a big and unnecessary disconnect between what DOJ files in court and what the Presidents says on Capitol Hill and to his top DOD leadership team."
Blogger Joe Sudbay wrote "If only the people charged with ending DADT, starting with White House Deputy Chief of Staff Jim Messina, were as assertive and aggressive as the lawyers at DOJ who defend the law….We did not elect a Democratic president so that he could go to court and undercut our most important civil rights cases."
-jpt
Santorum: Money Will Not Defeat Obama, Ideas Will 
Rick Santorum's Full Speech at CPAC 2012
Janus at work
Posted by: John Q Public | March 31, 2010, 10:38 am 10:38 am
Whoever can get the job done is qualified.
Posted by: Gerald | March 31, 2010, 10:45 am 10:45 am
Basically, it is time to stop treating the gay community, like second class citizens, and that goes for both political parties….and not just the GOP.
All of the controversy over gays, is really based in religion, and religion should not impact on how government operates.
Posted by: Rick McDaniel | March 31, 2010, 10:56 am 10:56 am
I believe that the DADT should stand as is due to the initial structure of the military. To change the law for a societal practice, when is still not clear (homophobia) to the majority of society would be a distraction to the necessary cohesion required within the military (male/female).
Posted by: Gloria F. | March 31, 2010, 11:37 am 11:37 am
Hey, there is some “outdated” language in a document from 1787 the administration and Congress might want to adhere to.
Posted by: pauldia | March 31, 2010, 11:46 am 11:46 am
There needs to be a cure found for the disease, it is like a cancer it spreads.
Posted by: john | March 31, 2010, 12:08 pm 12:08 pm
Anyone who believes that Barack Obama has any sympathy for gay people has been listening to his words but not watching his actions. Prior to the election, he promised to overturn both DADT and DOMA, and yet authorized his justice department to wage spirited defenses of both. There is a “powerful odor of mendacity” that hangs about the president. I, for one, now regret that I voted for him.
Posted by: Keppler | March 31, 2010, 1:41 pm 1:41 pm
The Obama administration and Democrats as a whole have lost my support. I’m gay. I can’t vote Republican, but why should I support a party that doesn’t give a damn about my basic human rights?
And having been lied to to get my support in the first place makes it even worse.
Posted by: Roy | March 31, 2010, 2:43 pm 2:43 pm
Why anyone continues to believe a word Obama says about anything is a mystery.
He is a proven liar and promise-breaker; his words are meaningless.
Posted by: dream | March 31, 2010, 2:50 pm 2:50 pm
Posted by: dream | Mar 31, 2010 2:50:17 PM
Hmmm… and yet he did sign health care reform legislation, and a stimulus bill which made investments in science, infrastructure and green initiatives… and the economy IS recovering, and withdrawal from Iraq is on track, and we do now have an arms control treaty with Russia, and government is more transparent than it was during the last few administrations, at least, and the article clearly explains Obama’s position versus the role of the DOJ (which is no longer compromised as it was during the last admin)…
Posted by: progressive mama | March 31, 2010, 2:59 pm 2:59 pm
Oh god, where to start with “progressive mama”?
For a start, Google this: “A Long Post: The Complete List of Obama Statement Expiration Dates”
Posted by: dream | March 31, 2010, 3:16 pm 3:16 pm
Again.. we could sing a round.. let’s start with – Happy Days are Here Again..
Posted by: DontGet818OnMeNow | March 31, 2010, 4:01 pm 4:01 pm
Here was Obama on July 18, 2009:
“That’s why ANY plan I sign MUST INCLUDE an insurance exchange: a one-stop shopping marketplace where you can compare the benefits, cost and track records of a variety of plans – INCLUDING a PUBLIC OPTION to increase competition and keep insurance companies honest – and choose what’s best for your family.”
Another hollow Obama promise.
Or, maybe there IS a PUBLIC OPTION in the new health insurance bill and the printer just forgot to include it (sarcasm).
Posted by: dream | March 31, 2010, 4:05 pm 4:05 pm
It’s time for Obama to DO THE RIGHT THING. End this ban.
Posted by: ryan | March 31, 2010, 5:11 pm 5:11 pm
Why is the DOJ being so zealous on this?
Even the Pentagon is basically soft pedaling on DADT.
Posted by: Ryan C | March 31, 2010, 6:22 pm 6:22 pm
“Another hollow Obama promise.”
Obama wanted a public option and pushed for it.
But the Senate Democrats foolishly compromised it thinking the GOP was acting in good faith in negotiation.
They should have known how dishonest the GOP is.
So dream did you want a public option?
Posted by: Ryan C | March 31, 2010, 6:31 pm 6:31 pm
“A Long Post: The Complete List of Obama Statement Expiration Dates”
ROFLMAO!
National Reviews’s nonsense
“STATEMENT: Then-Senator Obama declared that a recess appointment is “damaged goods” and has “less credibility” than a normal appointment. August 25, 2005.”
Obama’s actual quote
”
“To some degree, he’s damaged goods,” said Sen. Barack Obama, D-Ill., a member of the Senate Foreign Relations Committee. “I think that means we’ll have less credibility and, ironically, be less equipped to reform the United Nations in the way that it needs to be reformed.”
Notice there is the reference to damaged goods has to deal with John Bolton and his reputation (which basically played itself out during his stint as UN embarassment…errr…ambassador) not a recess appt versus normal appt.
Geee why would the right wing misrepresent the quote?
Are they dishonest?
Posted by: Ryan C | March 31, 2010, 6:39 pm 6:39 pm
Ryan C:
What part of Obama saying,
“That’s why ANY plan I sign MUST INCLUDE … a PUBLIC OPTION …” do you NOT understand?
Posted by: dream | March 31, 2010, 7:02 pm 7:02 pm
More from “A Long Post: The Complete List of Obama Statement Expiration Dates” documenting some Obama statements and their “expiration” dates:
Obama’s STATEMENT: “We’ve got a philosophical difference, which we’ve debated repeatedly, and that is that Senator Clinton believes the only way to achieve universal health care is to force everybody to purchase it. And my belief is, the reason that people don’t have it is not because they don’t want it but because they can’t afford it.” — Barack Obama, speaking at a Democratic presidential debate, February 21, 2008.
statement’s EXPIRATION DATE: On March 23, 2010, Obama signed the individual mandate into law.
Posted by: dream | March 31, 2010, 7:22 pm 7:22 pm
I want to commend all of you for working so hard and being so strong at helping the whitehouse and congress begin to address our U.S. and Global healthcare crisis. You have been AWESOME! my fellow Americans and peoples of the World. America and the World is better and safer for it. My greatest pride is the knowledge that I am one of you. And that you really get it. You really understand the importance of it all.
There are some potentially very good things in the healthcare legislation. Especially with the reconciliation fix’s. The Democrats, Bernie Sanders and the Whitehouse did a GREAT! job of fighting to produce the best healthcare legislation that they could. They have earned all our strong support. And we should give it to them.
But it was your relentless pressure and hard work that made the difference. Whatever good comes from this healthcare legislation, America and the peoples of the World will have each of you to thank. You were smart, creative, courageous and relentless. You fought together for the best legislation possible. And when you had to, you fought alone. No matter who stumbled and fell you continued to push and forge ahead. Fighting for the lives and health of the American people and the World. YOU SHOULD BE PROUD OF YOUR-SELVES :-)
It may come to pass that future generations will look back on us and say that we were ALL Americas Greatest Generations. And that healthcare reform was our finest hour. You should be proud of our leaders President Obama, Speaker Pelosi, Majority Leader Reid and the many other Democratic and independent fighters for the people in congress. They proved them-self worthy of the leadership of a GREAT! PEOPLE.
But we are not done yet. This was just the beginning of healthcare reform, not the end. WE THE PEOPLE OF THE UNITED STATES, ARE NOT! divided on healthcare legislation. The vast majority of you have been consistently crystal clear that this legislation does not go far enough. You want a strong Government-run Public Option CHOICE!! available to everyone on day one. And you want it NOW! YOU MUST NOT ALLOW AN INDIVIDUAL MANDATE TO STAND WITHOUT A STRONG GOVERNMENT-RUN PUBLIC OPTION CHOICE! AVAILABLE TO EVERYONE.
WE THE PEOPLE have been crystal clear that we want an end to dependence on for-profit healthcare and the for-profit proxies called private for non-profit healthcare. The American people want the CHOICE! of a strong Government-run Public Option to replace their need or dependence on healthcare providers whose primary motivation is profit. Rather than providing the highest quality, easiest accessible and most affordable medically necessary healthcare possible. This is what the rest of the developed World has. And the American people want it too. They want healthcare ASSURANCE! Not, for-profit health insurance. And they want it NOW!
Now is the time to continue the push for a strong Government-run Public Option CHOICE! available to everyone that wants it on day one. Rationally it’s clear what we have to do to get this done. SUPPORT THE DEMOCRATS that supported you with a Public Option, and REMOVE as many republicans as you can. Not one republican in congress was willing to step across the isle to support a strong Government-run Public Option CHOICE!! available to everyone on day one. NOT ONE! Let no candidate prevail this November that does not support a Strong Government-run Public Option.
47,000 AMERICANS die each year from lack of healthcare. 120,000 die from treatable illness that don’t die in other developed countries. Hundreds of thousands of you are dieing from medical accidents in a rush to profit. And Millions are injured. Millions are driven into bankruptcy. All for the privilege of paying two to three times as much as any other people in the developed world for healthcare. HOGWASH!
Additionally, tens of thousands of you and your children were killed and millions sickened and injured from a terror attack with H1N1 (swine flu). Released on the American people and the World by the for-profit healthcare industry. All in an attempt to panic and frighten you into excepting the oxymoronic criminal enterprise of private for-profit healthcare (The most costly, deadly, dangerous, and disgraceful product sold in America). H1N1 is still sickening people and killing them. Especially children, the young and the middle aged. And there will be a third wave. These are the terrorist you need to worry about the most. Even the so-called international terrorist would not do something so INSANE! But greed driven medical profiteers would and did.
Apparently as far as republicans in GOVERNMENT are concerned, YOU! my fellow Americans – CAN JUST DROP DEAD! Including their own family members. Fools! Hundreds of thousands of you, and possibly millions of you will die from the long-term effects of your infection and poisoning with H1N1.
So my fellow Human Beings. Rest-up, Take good care of the basics (Balanced nutrition, hydration, exercise, rest and POSITIVE emotional supports). Then wade back into the FIGHT! for a strong Government-run Public Option CHOICE! available to everyone on day one. Drug re-importation, Abolishment or strong restrictions on patents for biologic and prescription drugs. And government controlled and negotiated drug and medical cost, NOW! You must take back control of your healthcare system from the Medical Industrial Complex. This is a matter of National and Global security. There can be NO MORE EXCUSES.
God Bless You My Fellow Human Beings. I’m glad to know of you. And proud to be one of you.
See you on the battle field.
Sincerely
jacksmith – WorkingClass :-)
Posted by: jacksmith | March 31, 2010, 8:17 pm 8:17 pm
The military “discriminates” against many people who could arguably serve with honor.
If you have any of myriad diseases, you will be discharged, even if they are not currently disabling.
If you are a couple of pounds “over weight” and do not bring yourself within standards, you will be discharged (some of the very best servicemen I have known had problems here). If you have any number of personality disorders, you will be discharged.
If you use non-prescription psychoactive drugs, you will be discharged.
It’s not about if you can do the job. It’s about how much you contribute to the mission. If your presence detracts from a unit’s ability to meet it’s mission, even it it is not your fault, even if it is soooooo unfair, you can and should be discharged.
Please don’t say that homosexuals have and can serve with honor. Of course they have, do, and will. But if they wish to make their sexual preference officially known (believe me everybody knows unofficially), they can and should be discharged due to the detrimental effect it will have on mission accomplishment.
Integrating women into units has been disruptive enough (I know I am a hopeless bigot, but at least a bigot that has experienced that of which I speak) and caused extensive stress to unit cohesion and significant drain on leadership.
I have been in units where, when the going got tough, the ladies got pregnant (usually without benefit of husband), thereby escaping deployment for periods of up to 18 months; creating significant problems for leadership and unfairly increased duty for the men (with or without wives).
Putting professed homosexuals into the mix will further enhance the “soap opera” quality of daily operations. If homosexuals can serve, why not transsexuals, cross dressers, etc? If the male commander wants to come in wearing a dress, why not, as long as it regulation for females?
The military should not be a social experiment any more than it already is. The military only exists for a very narrowly defined purpose. Let’s not make the job any more difficult than it already is.
If you want to argue for homosexuals serving openly in the military, don’t do from the point of what is fair for the homosexual, do it from the viewpoint of what is good for the military. If you think that the military cannot survive without homosexuals serving openly, please place your hand in a bucket of water, pull it out quickly and note the end result.
Posted by: Quo Warranto | March 31, 2010, 11:30 pm 11:30 pm
I don’t know why we pay these people so much MONEY FOR. Men don’t want to be forced in a situation where their very life depend on their ability to be focused on war, to be sidetracted by some one who is homosexual evading his privacy, and making him uneasy about hos surroundings. No one wants to be in close quarters with some one staring and lusting over them in their personal moments. No, honosuals and lesbians, “femaillhomosexuals” shouldn’t be allowed to be open in the military. Men don’t like that. This is a time for war and not degenerate behaviour, nor to be sidetracted by some desxual deviate. those guys is a distraction to men of war during war time. And, now, the system are trying to push that homophobia on the public, but the publis is not going for it. A Man is a MAN, A WOMAN IS A WOMAN. aLL else are deviates. not, dont make our soldiers suffer any more that they have to being away from their loved ones to fight to maintain the fredom of a people. Give them their rights. Respect them and let them do what men do. Our Government Have let its people down and it is a disgrace to human decency to even suggest that our men have to put up with the deviate activies of a few that are sick and need to be quarentined. What about God fearing people doing what God did abaout the spirit of those who chosed to depart from their natural state and take upon them selves a reprobate spirit. read:
Rom 1:25 Who changed the truth of God into a lie, and worshipped and served the creature more than the Creator, who is blessed for ever. Amen.
Rom 1:26 For this cause God gave them up unto vile affections: for even their women did change the natural use into that which is against nature:
Rom 1:27 And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.
Rom 1:28 And even as they did not like to retain God in their knowledge, God gave them over to a reprobate mind, to do those things which are not convenient;
Rom 1:29 Being filled with all unrighteousness, fornication, wickedness, covetousness, maliciousness; full of envy, murder, debate, deceit, malignity; whisperers,
Rom 1:30 Backbiters, haters of God, despiteful, proud, boasters, inventors of evil things, disobedient to parents,
Rom 1:31 Without understanding, covenantbreakers, without natural affection, implacable, unmerciful:
Rom 1:32 Who knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them.
Thank you for your time. GIVE OUR FIGHTING MEN THEIR RESPECT. IN JESUS NAME. AMEN.
Posted by: John | April 1, 2010, 2:59 am 2:59 am
Geee why would the right wing misrepresent the quote?
Are they dishonest?
Posted by: Ryan C | Mar 31, 2010 6:39:01 PM
LOL (as if you have to ask.)
Thanks for fact checking the NRO nonsense.
Posted by: progressive mama | April 1, 2010, 3:10 am 3:10 am
What happoned to morality? this country that God has blessed all these years have truned away from God, and that which is Godly. Homosexual, main or femail is not something toapplaud. We don’t curse our people because a section with loud mouth trys to force deviate behaviour down our throats, by trying to make us freel unconfortable because we don’t edsept that deviate life style of theirs, which is a personal choice, not a normal, natural behaviour. These are people who have went ourside of the law of God and have made of themselves reprobates before God because they have chosen to lust after those of their same sex. Man with man and woman with woman. We know this is wrong and they do too, they are just full of lust, and they want us to approve of it. God created Man, and Woman, for what purpose? To replenish the earth. To make babies, not the other. What can a man and a man create? what can a woman and a woman create. Shame and damnation. Making for themselves a place in Hell, for they are a stinch unto the nostriels of God.
You people that represent us, you do your job or you will be looking for a JOB. YOU REPRESENT THE AMERICAN PEOOPLE RIGHT. YOU KNOW WHAT IS SRIGHT, DO IT.
Posted by: John | April 1, 2010, 3:14 am 3:14 am
Well, “progressive mama” … What about Obama’s PROMISE that
“lobbyists “won’t find a job in my White House” ? ? ?
At least a dozen former lobbyists have found top jobs in Obama’s administration.
What about Obama’s PROMISE that ANY health insurance plan he signed “MUST INCLUDE … a PUBLIC OPTION”?
Do PROMISES mean NOTHING to you?
What about Obama’s pledge to CLOSE Guantanamo within his first year as president? Last I looked it was still open.
Posted by: dream | April 1, 2010, 9:46 am 9:46 am
for “Ryan C” and “progressive mama”:
– more of Obama’s BROKEN PROMISES –
Obama said he would co-sponsor legislation to strip telecom immunity OUT of the FISA bill.
But Obama did NOT.
Obama promised to join any filibuster against telecom immunity.
But he did NOT; in fact, he voted to SHUT OFF an attempted filibuster on telecom immunity:
Obama promised NOT to vote to end any filibuster against granting telecom immunity.
But Obama voted to END the attempted filibuster
Posted by: dream | April 1, 2010, 9:54 am 9:54 am