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Fierce Advocate’s DoJ Appeals Witt Ruling

Hey — American LGBTs? Tired of being smile-fucked by Barack Obama yet?

In a brief filing in the U.S. District Court for the Western District of Washington, the U.S. Department of Justice filed the formal documents to announce that it plans to appeal the trial judge’s order in Witt v. U.S. Department of the Air Force.

Great ‘messaging’ from a White House that thinks that word is a synonym for ‘governing’ or ‘policy-making!’

The same week they want the United States Senate to read the Pentagon’s unnecessary report one whole fucking day early so that GOP Senators they won’t lobby can join the President’s Fierce Advocacy for open service by gays and lesbians, they appeal the fucking decision to admit Major Margaret Witt to the United States Air Force immediately:

In October, the Department of Justice also opposed Witt’s request for costs, in part, because “Defendants’ time for noticing an appeal of the Court’s September 24, 2010 decision does not expire until November 23, 2010, and, accordingly, this matter has not been finally resolved in plaintiff’s favor.”

With today’s filing, DOJ stated in a docketing statement required to be filed with the Notice of Appeal that the principal issue to be raised on appeal is:

Whether plaintiff’s discharge pursuant to 10 U.S.C 654 and its implementing regulations was constitutional and whether plaintiff should have been ordered reinstated to the military, subject to meeting applicable requirements respecting qualifications for continued service.

In a statement issued by the White House moments after the filing, Press Secretary Robert Gibbs said:

“Today, the Department of Justice filed a notice of appeal in a case involving a legal challenge to the Don’t Ask, Don’t Tell (DADT) policy, as the Department traditionally does when acts of Congress have been held unconstitutional. This filing in no way diminishes the President’s — and his Administration’s — firm commitment to achieving a legislative repeal of DADT this year. Indeed, it clearly shows why Congress must act to end this misguided policy. In recent weeks, the President and other Administration officials have been working with the Senate to move forward with the passage of the National Defense Authorization Act, including a repeal of DADT, during the lame duck.”

Why is Robert Gibbs still employed, again?

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