DOJ lawyers have told US District Judge Marvin Garbis that they will no longer be defending the Trump policy currently on hold because of lawsuits, but will rather be defending a new policy which will be revealed on February 21.
Last year, the administration issued a policy that would have barred the military from enlisting transgender individuals and prevented those already in the ranks from serving openly.
That has been challenged in court four times. All of the challenges have succeeded. In addition Trump has been the loser in two courts of appeal.
The defendants could not comply with obligations to turn over the required information “because they will not be defending the policy now at issue but will be defending the policy to be disclosed on February 21, 2018."
A Pentagon official confirmed to BuzzFeed that the "new policy" would come from the White House after Trump approves the secretary's recommendations.
Or alters them to suit his own needs.
While U.S. officials declined to specify what the policy will entail, all signs point to it being a more formal extension of an executive memo released last August, which argued that “the [Obama] Administration failed to [ascertain that transgender military service] would not hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources.”
--Morgan Baskin