Tag Archives: Alex Nicholson

Log Cabin Republicans To Ask For Injunction To Halt DADT Discharges

The Log Cabin Republicans will ask a federal judge today (Thursday 10/16)  to order the Pentagon to stop enforcing “Don’t ask, Don’t tell,” the law barring gays from serving openly in the military.

U.S. District Judge Virginia Phillips last week ruled that the  law violates the First and Fifth Amendments of the Constitution. Now, attorney Dan Woods, who represents the gay-rights group, is looking for a more practical ruling.

“The case may be tied up in litigation for several more years,” said Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, a nonpartisan group that offers free legal services to those affected by the law. 

We want her to block any further enforcement or application of don’t ask, don’t tell wherever we have military operations — not just in California, not just in this country but wherever we have military bases anywhere in the world,” he said..  A Pentagon official said government lawyers will likely object to a court injunction. There has been no word from the Justice Department.

Don’t Ask, Don’t Tell Ruled Unconstitutional By Federal Court Judge! DADT Overturned! (Read The Ruling)

U.S. District Court Judge Virginia A. Phillips, in a case brought forth by the Log Cabin Republicans has issued a ruling on Don’t Ask, Don’t Tell and has found it to be UNCONSTITUTIONAL saying that the “Don’t ask, Don’t tell” policy violates the 1st Amendment rights of lesbians and gay men.  Phillips also added that the policy banning gays did not preserve military readiness, contrary to what many supporters have argued, saying evidence shows that the policy in fact had a “direct and deleterious effect’’ on the military.

Closing arguments were held in the case on July 23, at which time the plaintiffs asked the court to declare the policy unconstitutional and issue an injunction, which Phillips did today.

The AP adds: “Government lawyers argued Phillips lacked the authority to issue a nationwide injunction and the issue should be decided by Congress…Six military officers who were discharged under the policy testified during the trial. A decorated Air Force officer testified that he was let go after his peers snooped through his personal e-mail in Iraq…Lawyers also submitted remarks by Obama stating ‘don’t ask, don’t tell’ weakens national security.”

Phillips issued an injunction barring the government from enforcing the policy. However, the U.S. Department of Justice, which defended “don’t ask, don’t tell” during a two-week trial in Riverside, will have an opportunity to appeal that decision.

The Judge ruled that DADT violates the First and Fifth amendments and the plaintiffs are entitled to a permanent injunction “barring its enforcement.” LCR has seven days to submit a “Proposed Judgment.” The DOJ will have seven days to submit its objections to that.

Once again we are beholden to the Federal Courts for doing what our elected officials who tell us lies and take our donations are too afraid to do.  It seems our new path is clear.  The Courts are the way to go.

I never thought I’d say this this but way to go Log Cabin Republicans.  I wonder why our “Gay Inc” never thought of this.  Oh yes, they were too busy kissing Democrats asses and going to cocktail party’s and happily content believing the lies they were fed while schmoozing with the President.  Here’s an idea for Obama’s Department Of Justice ( Don’t object to the proposed judgment. Don’t ask for a stay of the judgment or the injunction. And don’t appeal this decision. Let DADT die and maybe,  just maybe you can save a little face in the gay community.

***You can READ Judge Philips Decisions and the reactions by Sen Kristen Gillibrandt, Servicemembers United’s Executive Director Alex Nicholson, and the Log Cabin Republicans after the jump……

*Statement from Servicemembers United’s Executive Director Alex Nicholson, one of the parties in the case:

“This is an historic moment and an historic ruling for the gay military community,” said Alexander Nicholson, Executive Director of Servicemembers United and a multi-lingual U.S. Army interrogator who was discharged under ‘Don’t Ask, Don’t Tell.’ “As the only named injured party in this case, I am exceedingly proud to have been able to represent all who have been impacted and had their lives ruined by this blatantly unconstitutional policy. We are finally on our way to vindication.”

*Statements from The Log Cabin Republicans and its lawyer:

R. Clarke Cooper, Executive Director, Log Cabin Republicans & Liberty Education Forum:
“As an American, a veteran and an Army reserve officer, I am proud the court ruled that the arcane Don’t Ask Don’t Tell statute violates the Constitution. Today, the ruling is not just a win for Log Cabin Republican servicemembers, but all American servicemembers.”

Dan Woods, White & Case partner who led the matter for Log Cabin Republicans:
“We are delighted with the court’s ruling in favor of Log Cabin Republicans in this important case. The court’s opinion finds that “Don’t Ask, Don’t Tell” is unconstitutional, and the court will issue a permanent injunction preventing the government from further enforcement of this unconstitutional statute. This is a major victory in the fight for equality and means that military service will be available to all Americans, regardless of their sexual orientation.”

The Decision

Alex Nicholson Executive Director Of Servicemembers United: The Human Rights Campaign KNEW The White House Was NOT Committed To Repeal DADT This Year!

Alex Nicholson, founder of Servicemembers United breaking his silence about the Human Rights Campaign, which SU works closely with to battle DADT.

Nicholson confirmed that he attended a February 1 meeting at the White House which the Human Rights Campaign attended, and his group has been closely tied to HRC. The larger and more outspoken and vocally critical LGBT lobbying group on the issue, Servicemembers Legal Defense Network (whose executive director, Aubrey Sarvis, has been critical of the president’s foot-dragging), was not invited to that meeting, a fact that was revealed during our LGBT Leadership Town Hall last month
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Nicholson confirmed that the White House’s and Secretary Gates’ message are one in the same, in terms of wanting to put off repeal until the DOD study is done and not wanting to include repeal in the Defense Authorization Bill. A lot of controversy had surrounded HRC regarding what was said to HRC and others in that Feb 1 meeting. Rather than sounding the alarm that the White House was not committed to repeal this year, HRC came out of that meeting still defending the president and confident that repeal would happen. HRC downplayed what was said at that meeting after it was reported on in April.Nicholson, however, said the outcome of the meeting should have been cause for alarm, that the White House has indicated,including at that February 1 meeting, it would be a “passive” supporter of repeal this year:

“I’ll say, honestly, first of all, that I don’t think HRC has not done everything they could to put pressure the WH. I believe there are some there who believe they have done everything they can…I think there are others who may have other agendas and professional careers and things like that to worry about. I have been begging HRC to scale up their operations on don’t ask, don’t tell since early last summer…Realistically, I do think there was more they could do earlier this year, and I think there was more they could do last year…I would have loved to have seen the ramping up going on a year ago. You can’t build the infrastructure…in a matter of two months…That needed to happen last summer.”

So there we have it.  Concrete proof and confirmation from someone on the inside that HRC is a bunch of liars with an agenda.  And that agenda.  Get your money and keep thier jobs as long as possible.

After all.  if we get equality, they are out of business.

You can listen to Alex’s interview with Michelangel Signorile by CLICKING HERE.