Breaking News: Gates narrows who can OK discharges under 'don't ask, don't tell'

[Tx4obama]

Washington (CNN) -- Defense Secretary Robert Gates has raised the level at which gay and lesbian troops can be discharged under the "don't ask, don't tell" policy, ordering that it only be done by the secretaries of the Army, Navy and Air Force, a senior Defense Department attorney said Thursday.

In addition, the senior defense attorney hinted that the Pentagon is preparing for the possibility that the policy banning openly homosexual soldiers could change through the U.S. courts.

SNIP

The move comes a day after a federal appeals panel temporarily stopped a lower court injunction that prohibited the military from enforcing "don't ask, don't tell." The appellate panel indicated it would fully consider the case as soon as next week, but it was unclear when the legal proceedings involving a court challenge to the policy would be completed.

"Effective immediately and until further notice, no military member shall be separated ... without the personal approval of the secretary of the military department concerned, in coordination with the under secretary of Defense for personnel and readiness and the general counsel of the Defense Department. These functions may not be delegated," Gates wrote.

Full article here: http://www.cnn.com/2010/US/10/21/gates.dont.ask.dont.tell/index.html?hpt=T2


Edited to add:

.... the move puts the question of who can be dismissed from the service for being openly gay in the hands of just six people – all of them civilian political appointees who work for an administration that thinks the law is unjust. Before Thursday's order, the dismissal of gay enlisted personnel could be done by any commanding officer at a rank equivalent to a one-star general.
http://www.huffingtonpost.com/2010/10/21/dadt-is-back-but-decision_n_772197.html

[nadinbrzezinski]

1. Rewriting articles

Taking it away from commands...

They know it is comming.

[Zenlitened]

2. How can that possibly be?

.... the move puts the question of who can be dismissed from the service for being openly gay in the hands of just six people – all of them civilian political appointees who work for an administration that thinks the law is unjust.

Surely, these six people have no discretion in the matter, as is implied here? After all, DADT is Congress' law, and the executive branch is powerless to do anything to comply, right? Right?

:eyes:

[Bodhi BloodWave]

6. i think it might be somewhat linked to that 'personell reviews' are likely to be very low

on their agenda of things to do since there is a lot of important things they have to do(least i hope that is part of it)

[Tx4obama]

3. COPY of Gates' two page MEMO can be found on the link below

http://renwl.org/news/dadt-news/gates-memo-curtails-discharge-of-gays-under-dadt-read-it-here

[Tx4obama]

4. The New York Times article link

Gates ‘Don’t Ask’ Memo Limits Discharge Policy
http://www.nytimes.com/2010/10/22/us/22military.html?ref=us

[Tx4obama]

5. Bump :) n/t

[Radical Activist]

7. This looks like very good news.

It allows DADT to work its way through the court system while the military essentially stops enforcing the policy. Clever.

[sabrina 1]

8. An Executive Order would solve everything while the courts

do what they have to do. Why give Gates the authority that belongs to the CIC? Especially since the CIC has the authority, even to disregard laws that hurt the military in his opinion, to do this himself?

So Gates is issueing executive orders now! And here I thought only Congress could do that, certainly NOT the president. :eyes:

[Tx4obama]

9. Gates did not issue and executive order, he issued a policy change in a memo. n/t

[Tx4obama]

10. Here's a link to the TPM article regarding this

http://tpmmuckraker.talkingpointsmemo.com/2010/10/the_new_dadt_better_than_ever.php?ref=fpc

p.s. I am shocked that hardly none of the MSM is reporting this.
Early this morning CNN had a 'breaking news' blip about the new policy change, but that's all I've seen on TV so far ;(