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Mullen Warns Inaction On DADT Would Leave Repeal To The Courts

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cal04 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-21-10 10:59 AM
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Mullen Warns Inaction On DADT Would Leave Repeal To The Courts
Mullen Warns Inaction On Dont Ask, Dont Tell Would Leave Repeal To The Courts

Joint Chiefs of Staff Chairman Admiral Mike Mullen reiterated his concern over Marine Commandant Gen. James Amos widely publicized comments about the potential risk of repealing Dont Ask, Dont Tell, telling ABCs This Week that what concerned me about his most recent comments, it came at a time where we actually had the draft report in hand, and we had all agreed that we would speak to this privately until we completed the report and made our recommendations up the chain.

Mullen refused to characterize the Pentagons Working Group report which has allegedly found that 70% of servicemembers would not oppose lifting the ban until it is released and repeated his personal belief that the policy undermines the integrity of the institution. He stopped short of calling on the Senate to pass repeal in the lame duck session, but echoed Secretary of Defense Robert Gates comments about the danger of leaving this policy to the courts:

AMANPOUR: And if it does not get voted on in the lame duck session, is there any chance that it will come up in any reasonable time period afterwards?

MULLEN: Well, it I mean its very hard to predict whats going to happenfrom a legislative perspective. The other piece that is out there that is very real is the courts are very active on this, and my concern is that at some point in time the courts could change this law and in that not give us the right amount of time to implement it. I think its much better done if its going to get done, its much better done through legislature than it is out of the courts.

Watch it: /

Earlier this month, Gates urged the Senate to take-up repeal in the lame-duck session, saying, The question is whether it is done by legislation that allows us to do it in a thoughtful and careful way, or whether it is struck down by the courts. Because recent court decisions are certainly pointing in that direction, he explained.

Indeed, in October, a federal district court issued an injunction against the implementation of the policy. The Pentagon did not enforce the ban for eight days, until the Obama administration appealed the district courts decision to Ninth Circuit Court of Appeals. That court issued a stay of the injunction.
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