There is a big untold story happening in DC.
No one in the mainstream media is talking about it at all. Even Kossasks who read only the Front Page could easily have missed the story. The Daily Kos Front Page coverage of the GOP-primary contest—the "Chickens for Check-ups"—story has been exhaustive and unrelenting by comparison. Coverage of how Democrats and President Obama will deliver a key promise made to a key constituency though has yet to catch the attention of the editorial board.
Progressive Congressional Democrats are debating among themselves, will they defy the Obama administration in the month of May? We'll know by week's end.
The issue at hand is whether or not to attach repeal of the military's "Don't ask, don't tell" policy to the Defense Authorization budget that will be marked up in committee in the next two weeks. Not so terribly long ago, this was the unquestioned legislative route and the unquestioned year to deliver Obama's promised repeal of the "Don't ask, don't tell" law.
But those who've followed the story closely have noticed the signs of the walking back. Many were told they were over-reacting, they were imagining things, they were hysterical. But yesterday, if you didn't believe that Bush's holdover Secretary of Defense, Robert Gates spoke for the administration, it was confirmed by the administration itself. It is not the Obama administration's desire to see "Don't ask, don't tell" repeal attached to the Military Defense Authorization Act passed in 2010. Yesterday, President Barack Obama's administration transmitted to Congress its proposal for the National Defense Authorization Act for Fiscal Year 2011. The transmittal as sent does not include repeal language of DADT.
The Constitution certainly endows Congress the authority to proceed forward, regardless of whether the White House includes the recommendation or not. But inclusion of the language would have sent an unmistakable signal to repeal advocates in Congress, "We're with you, do it." The omission is glaring it it's absence and the political implications. The administration has been dodging direct questions on it for months, it's now on the record with non-support.
As one DC insider observed to White House correspondent Kerry Eleveld:
The source said that prior to Gates’s letter, Senator Carl Levin of Michigan who chairs the Senate Armed Services Committee was just one to two votes shy of the 15 needed to attach a repeal measure to this year’s Department of Defense authorization bill in committee.
Multiple sources worried that moderate Democrats such as Sen. Jim Webb of Virginia would now be nearly impossible to sway.
“When people are asked to vote against the recommendations of the Defense Secretary, that makes it a very heavy lift,” said the source.
We can now add "against the official recommendations of the White House" to the troubles repeal will encounter this month.
Now, it isn't just the LGBT community that is calling to attach repeal to the Military Defense Authorization Act. House lead sponsor Rep. Patrick Murphy (D-PA) has been leading the charge to do so. He's said in many interviews and told this community in a Live Blog chat just 10 days ago:
I've always said that the Defense Authorization bill is our best vehicle for repeal. When DADT was instated in 1993 it was through the Defense Authorization and we need to undo that mistake.
House Speaker Nancy Pelosi has repeated many times her support of Rep Murphy and the goal of ending DADT. Senators Kirsten Gillbrand (D-NY), Mark Udall (D-CO) are fighting with lead sponsor Joe Lieberman from the Senate side. There are many others, in both the House and the Senate, who stand with them. Governor Howard Dean has thrown the weight of Democracy for America behind the effort and also teamed up with Courage Campaign to move forward on this issue this year.
Senate Armed Services Chairman Carl Levin (D-MI), too has been putting up a strong fight to repeal DADT sooner, not later. Executive Director of the Servicemember's Legal Defense Network Aubrey Sarvis said in the wake of Gates devastating blow:
“Chairman Levin along with Senator Lieberman and Representative Murphy are still actively looking at legislative options for repeal this year and would like to find a solution that Secretary Gates and the White House could support,” Sarvis said.
He's made several statements indicating he, in capacity as Chair has the will to defy Secretary of Defense and the Obama Administration. From The Advocate:
The committee is scheduled to pound out final language of the defense funding bill and vote on it during a closed-door session the week of May 24.
A spokeswoman for Levin’s office said the senator would attach repeal language if he drummed up enough support in the committee.
“If he has the votes, he would support moving forward with an amendment during the markup,” Tara Andringa said. “He does not yet know what that would look like or where the votes are.”
There is a frequently cited number that the vote in the Senate Armed Services Committee is extraordinarily close, within one or two votes. This has been cited by lobbying groups, Levin, Udall and others. We don't know what the specific whip count is, but activists have identified key targets:
- Bill Nelson (D-FL)
- Ben Nelson (D-NE)
- Evan Bayh (D-IN)
- Jim Webb (D-VA)
- Robert Byrd (D-WV)
- Scott Brown (R-MA)
There are 28 members of the SASC, and attachment requires only a simple majority vote. Moreover, it a simple majority of those present. It's rather easy to imagine Bayh, Byrd and Brown all being conveniently absent for various reasons, which would bring the target down to 13 of 25 votes.
It's worth mentioning that Robert Gates' stated objection to this legislative action (needing to "wait for the study," due December 1st) is a canard. The study was always about "how" to repeal, not whether. The bill pending—as written today would have no effect on the military policy until April 2011 or later. It would not actually be voted into law until October of this year, when the Military Defense Authorization Act is passed, and then there is a six (6) month deferment of implementation built right into it. From the bill itself:
(a) In General- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense regulations, and shall issue such new regulations as may be necessary, to implement section 656 of title 10, United States Code, as added by section 4(a). The Secretary of Defense shall further direct the Secretary of each military department to revise regulations of that military department in accordance with section 656 of title 10, United States Code, as added by section 4(a), not later than 180 days after the date of the enactment of this Act.
This is a progressive win which is within reach this year. And it should be won. Rarely does an window of opportunity like this present itself, two strong Congressional majorities, and a White House willing to sign. The attachment to the Military Authorization Spending Budget affords lots of cover for conservatives in the Democratic party to say, "Well, I just voted to support the troops' funding." This window won't roll around for another year.
Aaron Belkin of the Palm Center of University of California Santa Barbara warns failing to utilize this window may defer the law's repeal until the year 2013 or later.
The Administration knows full well that if "don't ask, don't tell" is not eliminated now, repeal likely will have to wait until the next presidential term if not later. The political environment in Congress soon will become much more challenging than it is now, and the opportunity to repeal the law probably will diminish if not disappear as a result.
One of the more striking and sad realizations is the bargaining away of what is morally, righteously correct, in the name of political expediency. Obama said in the State of the Union address:
"This year, I will work with Congress and our military to finally repeal the law that denies gay Americans the right to serve the country they love because of who they are. It's the right thing to do."
In my opinion, the right time to do the right thing, is always NOW. I hope Congress agrees even if the White House doesn't.
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WHY THIS IS A CRITICAL TIME:
• The House and Senate Armed Services Committees will markup the Defense Authorization bill in a few short weeks.
• The Defense Authorization bill represents our best legislative vehicle to bringing repeal to the president’s desk. It also was the same vehicle used to pass DADT in 1993.
LAYOUT FOR REPEAL / HOUSE AND SENATE TRACKS:
• Sen. Mark Udall told the Denver Post the committee was “within a vote or two” of including repeal in the Defense Authorization bill. Udall is a member of the Senate Armed Services Committee.
• Rep. Jared Polis, who holds a key position on the House Rules Committee, told the Denver Post he is willing to help insert a similar provision in the House version of the Defense Authorization bill with the help of Rep. Patrick Murphy, who is the lead sponsor of the House repeal bill.
THE NEXT 30 DAYS ARE CRITICAL:
• The House Armed Services Committee markup of the Defense Authorization bill is expected May 19.
• The Senate Armed Services Committee markup of the Defense Authorization bill is expected the week of May 24.
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CALL TO ACTION!
Fate of repeal will be decided in the month of May. As time grows short, repeal advocates have multiple strategies are in place. One thing they all share is a need to hear from the public the time is now. Now is the time for LGBT allies to get off the fence and call for equality for their fellow Americans.
New Call to Action: Howard Dean and Democracy for America have joined the effort to End Don't Ask, Don't Tell in 2010. Sign the petition here. The Courage Campaign's goal was 100,000 signatures by Monday, they are now at 70,000. Let's help them over-achieve.
• Contact the White House: The Servicemember's Legal Defnese Network has put out an action item: Not Another Year. They are asking people to call the White House and tell our Commander in Chief to call for repeal in 2010, repeal can't wait until 2011. The moment is now. They say: "Our Congressional allies are not giving up. SLDN isn't giving up. Tell President Obama not to give up either. Call the White House today. (202) 456-1414"
• Contact your Senators: Tell them to support adding repeal to the Senate Defense Spending Budget: these Senators are most key: Bill Nelson, Ben Nelson, Evan Bayh, Jim Webb, Robert Byrd and Scott Brown. But call them all. Show them there's a grassroots movement to vote now. SLDN contact tool here.
• Contact your House Representatives: Tell them to support Representative Patrick Murphy's plan to offer DADT repeal legislation as a floor amendment to the military bill. SLDN contact tool here.
• Contact Nancy Pelosi: Tell her to use her authority as Speaker of the House to bring DADT repeal up for a vote in the House. (202) 225-0100
• Contact Senate Armed Services Committee Chairmain Carl Levin (D-MI) and tell him Military Budget Attachment is the way to go. His office in Washington can be reached at: (202) 224-6221
• Become a citizen co-sponsor of repeal at Senator Udall's site.