Reply #18: YES HE DOES!

[Toucano]

I. The Laws of the United States.
Federal law recognizes that the President and Congress share authority to govern the
military. In fact, by law currently in effect, Congress has already granted the President
authority with respect to military promotions, retirements, and separations in a time of
national emergency. This authority includes the power to suspend laws such as 10 U.S.C.
§ 654. Under 10 U.S.C. § 12305 (“Authority of the President to Suspend Certain Laws
Relating to Promotion, Retirement, and Separation”), Congress grants the President
authority to suspend any provision of law relating to the separation of any member of the
armed forces who the President determines is essential to the national security of the
United States, during any period of national emergency in which members of a reserve
component are serving involuntarily on active duty. The statute states:

Notwithstanding any other provision of law, during any period members
of a reserve component are serving on active duty pursuant to an order to
active duty under authority of section 12301, 12302, or 12304 of this title,
the President may suspend any provision of law relating to promotion,
retirement, or separation applicable to any member of the armed forces
who the President determines is essential to the national security of the
United States.

This law is colloquially referred to as “stop-loss” authority, and it has been used to
suspend the voluntary separation of members of the military who have reached the end of
their enlistment obligation or have qualified for retirement. The law, however, gives the
President authority to suspend “any provision of law” relating to separation of members
of the armed forces, including involuntary separations under 10 U.S.C. § 654.

...

The “don’t ask, don’t tell” policy itself, as codified by Congress, also grants authority to
the Department of Defense to determine the procedures under which investigations,
separation proceedings, and other personnel actions under the authority of 10 U.S.C. §
654 will be carried out. Section 654(b) states: "A member of the armed forces shall be
separated from the armed forces under regulations prescribed by the Secretary of Defense
if one or more of the following findings is made and approved in accordance with
procedures set forth in such regulation." Under this section, the Secretary of Defense has
discretion to determine the specific manner in which “don’t ask, don’t tell” will be
implemented. Furthermore, the statute does not direct the military to make any particular
findings of prohibited conduct or statements; it only states that members shall be
separated under regulations prescribed by the Secretary if such findings are made. The
Secretary has broad authority to devise and implement the procedures under which those
findings may be made.

http://www.palmcenter.org/node/1286

;)