BREAKING: Obama fails to intervene, Lt. Col. Fehrenbach asks Judge to block his DADT discharge

[Bluebear]

Via James Dao at The New York Times, a critical move by Lt. Col. Victor Fehrenbach and his attorneys at Servicemembers Legal Defense Network (SLDN) and Morrison & Foerster. Fehrenbach has gone to court to prevent his imminent discharge under DADT:

On Wednesday, Colonel Fehrenbach’s lawyers filed papers in Idaho federal court requesting a temporary order blocking his discharge. The petition contends that a discharge would violate Colonel Fehrenbach’s rights, cause him irreparable harm and fail to meet standards established in a 2008 federal court ruling on don’t ask, don’t tell.

For advocates of abolishing the ban against gay men, lesbians and bisexuals serving openly, Colonel Fehrenbach’s case has become something of a line in the sand. Though President Obama has called for ending the ban and Congress has begun moving in that direction, gay service members continue to face investigations and discharge, albeit at a lower rate than in past years.

Lawyers for Colonel Fehrenbach assert that his case is among the most egregious applications of the policy in their experience. The Air Force investigation into his sexuality began with a complaint from a civilian that was eventually dismissed by the Idaho police and the local prosecutor as unfounded, according to court papers. Colonel Fehrenbach has never publicly said that he is gay.

However, during an interview with an Idaho law enforcement official, he acknowledged having consensual sex with his accuser. Colonel Fehrenbach’s lawyers say he did not realize Air Force investigators were observing that interview; his admission led the Air Force to open its “don’t ask” investigation.
The request for the TRO was filed this afternoon in Federal Court in Boise, Idaho.

Fehrenbach's legal team is playing hard ball with the the Air Force, the Pentagon and the Obama administration -- and they should. If the TRO isn't granted, Fehrenbach could be discharged any day.

http://www.americablog.com/2010/08/breaking-lt-col-fehrenbach-asks-judge.html