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View Diary: Let the President invoke Truman (443 comments)

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  •  I've got a clue. (0+ / 0-)

    I know a court has ruled it unConstitutional.  I've long said that even the SCOTUS can only rule it unConstitutional because it obviously is.  I'm saying the survey might be a way to protect the military from further law suits.  I don't know, I'm not a lawyer, but the survey has a purpose that The Pentagon feels is important.  That's why I think the deal Biden spoke of is with the C.o.S. and Pentagon.

    "There's really nothing I want out of the past except history." - Autoegocrat

    by rainmanjr on Wed Sep 22, 2010 at 06:08:59 AM PDT

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    •  Well, I am a lawyer . . . (0+ / 0-)

      and there's nothing about the survey that will protect the Pentagon from further lawsuits.  The Pentagon hasn't suggested that this is the rationale for the survey, and DOJ hasn't pointed to the ongoing survey in any of the suits challenging DADT as a possible source of evidence that will support the policy.

      You're almost certainly right that the survey has a purpose that the Pentagon feels is important.  But given the way the questions are drafted, it seems a sure thing that the purpose is to gather comments from servicemembers that would support leaving the policy in place.  The Pentagon brass has made clear that they don't want the policy to change, and they're doing everything they can to prevent it from changing.

      Maladie d'Amour, Où l'on meurt d'Aimer, Seul et sans Amour, Sid'abandonné

      by FogCityJohn on Wed Sep 22, 2010 at 09:46:22 AM PDT

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      •  Okay, well that's a different argument. (0+ / 0-)

        And some interesting points.  I'm not a lawyer so was only taking a guess.  I believe Gates is on record as favoring repeal and so are many of our Generals, lower officers and enlisted.  I don't know that the survey is engineered at all and will reserve judgement for its conclusions.  But you could be right on that.

        "There's really nothing I want out of the past except history." - Autoegocrat

        by rainmanjr on Wed Sep 22, 2010 at 10:35:28 PM PDT

        [ Parent ]

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