Sen. John McCain moves the goalposts on DADT repeal

Posted by AzBlueMeanie:

"If it's Sunday, it's time for some John McCain." The sycophant McMedia cannot get enough of their failed presidential candidate. As Steve Benen at The Washington Monthly reminds us:

[Meet The Press] viewers will see an "exclusive!" interview with Sen. John McCain (R-Ariz.). This makes a lot less sense — it'll be his third appearance on "Meet the Press" this year, his sixth in the last 21 months, and his 26th Sunday show appearance since President Obama's inauguration. That's obviously an average of more than an appearance per month, every month, for nearly two years.

Today John McCain used the opportunity to move the goalposts on DADT repeal. Just as I predicted earlier, "More than 70 percent" of active-duty and reserve respondents OK with repeal of DADT, John McCain played his last card – the Marine Corps Commandant, Gen. James Amos, who agrees with him. So predictable.

The Hill's Blog summarizes the exchange McCain: Congress needs time to study 'Don't ask' report:

"Once we get this study we need to have hearings and we need to examine it and…and see if it's the kind of study we wanted," McCain said.

He reiterated his view that the study must examine "the effect [of a repeal] on morale and battle effectiveness on the U.S. Army" rather than what policy is most popular, he said.

McCain also addressed an appearance by his wife Cindy McCain in a commercial supporting a repeal. She has since said she supports her husband's view on the issue.

McCain laughed when the issue came up.

"I respect the First Amendment rights of every member of my family," he said. (emphasis added)

But McCain does not respect the First Amendment rights of men and women proudly serving their country in the U.S. Armed Forces who are gay. Judge to Military on 'Don't Ask, Don't Tell': Halt!:

[U.S. District Court Judge Virginia] Philips doesn't mince words about it, either: She "ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment."

Full text:

1) DECLARES that the act known as "Don't Ask, Don't Tell" infringes the fundamental rights of United States servicemembers and prospective servicemembers and violates (a) the substantive due process rights guaranteed under the Fifth Amendment to the United States Constitution, and (b) the rights to freedom of speech and to petition the Government for redress of grievances guaranteed by the First Amendment to the United States Constitution.

(2) PERMANENTLY ENJOINS Defendants United States of America and the Secretary of Defense, their agents, servants, officers, employees, and attorneys, and all persons acting in participation or concert with them or under their direction or command, from enforcing or applying the "Don't Ask, Don't Tell" Act and implementing regulations, against any person under their jurisdiction or command;

(3) ORDERS Defendants United States of America and the Secretary of Defense immediately to suspend and discontinue any investigation, or discharge, separation, or other proceeding, that may have been commenced under the "Don't Ask, Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or prior to the date of this Judgment.

(4) GRANTS Plaintiff Log Cabin Republicans' request to apply for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; and

(5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion for costs of suit, to the extent allowed by law.

IT IS SO ORDERED.

The case of Log Cabin Republicans v. The United States of America is now on appeal to the Ninth Circuit Court of Appeals. Last week the U.S. Supreme Court declined to lift the stay order which will keep DADT in place while this case is on appeal.

UPDATE: The Servicemembers Legal Defense Network, a gay rights legal group which works to end DADT, said in a statement responding to McCain today. “In other words, McCain is telling the Pentagon: Keep working until you produce the outcome I’m looking for.” McCain Moves The Goal Posts Again On DADT, Now Claiming The Pentagon Study Isn’t Good Enough:

Despite what McCain might think, the military has confidence in the quality of its study. Even the Marine Corps commandant, Gen. James Amos, to whom McCain refers during the Meet the Press interview, disagrees with McCain on the study. In September, during Amos’ confirmation hearings, McCain tried to get Amos to cast doubt on the study. But Amos rebuffed McCain, saying he was confident in it. And despite the fact that he personally opposes repealing DADT, Amos expressed no reservations about enforcing a new policy, saying, “If this policy is changed. The last thing you’re going to see your Marine Corps do is try to step in and push it aside. That will simply not be the case.”