Be careful what you wish for. President Barack Obama told a group LGBT politicos at Human Rights Campaign fundraiser in October 2009:
"And that’s why it’s so important that you continue to speak out, that you continue to set an example, that you continue to pressure leaders — including me — and to make the case all across America."
Pressure arrived today in the form of a subpoena. Ben Smith at Politico is reporting Lieutenant Dan Choi and Captain James Pietrangelo’s attempted to subpoena the President to testify in their forthcoming trial on minor charges on civil disobedient action of cuffing themselves to the White House fence. Their defense? They were just following orders.
From Americablog:
Mark Goldstone and Ann Wilcox, the lawyers for the two servicemembers, released a memo explaining their rationale for the subpoena:
[Choi and Pietrangelo] seek to compel the testimony of President Barack Obama who has, on several occasions as President and Commander in Chief (and previously as a Senator and Presidential Candidate) called on the LGBT community to "pressure" him to change the DADT law and policy, thus allowing gay servicemembers to serve their country openly and honorably.
The subpoena of the President is necessary for the defense to prove that Defendants were following and obeying lawful orders or directives by their President and Commander in Chief, and were therefore under an obligation and authority to act as they did in order to pressure him - in a non-violent, visible way - on this important public issue. In addition, these statements support the contention that Defendants were acting out of necessity, in order to prevent discrimination and greater harm to gay servicemembers now serving.
A unique defense to be sure. But if eating too many Twinkies can get you off the hook for premeditated murder of a (gay) City Supervisor, it's worth a shot.
Americablog has an update saying the process server was turned away at the White House and defendant counsel has contacted White House counsel about proceeding.
I'm sure everyone involves understands that the President will never be compelled to testify. But I salute the Lieutenant and Captain for utilizing what opportunities exist to keep this "Don't ask, don't tell's" injustice in the news. The declaration of "Mission Accomplished" has been made prematurely, and the public's attention has moved on. The policy remains in place, as does it's ramifications for the troops which are at times deadly. The anniversary today of Navy Seaman August Provost's murder is a solemn reminder of that. While we wait and study, DADT ruins careers and and much worse.
A copy of the subpoena is below, a link to which is here.
Update: Pam's House Blend has the full text of the counsel's explanation for this action, if you're inclined to read it.