Obama Administration Seeks To Halt Effects Of DADT Ruling

The Justice Department is attempting to block a federal judge in California from issuing an injunction against Don’t Ask, Don’t Tell, the policy that bans openly gay men and women from serving in the military.

Citing concern over the effects an injunction would have on military readiness and operations abroad, the Department filed the objection Thursday with California’s Central District Court.

“A court should not compel the Executive to implement an immediate cessation of the 17-year-old policy without regard for any effect such an abrupt change might have on the military’s operations,” the objection reads. It goes on to say that if an injunction is levied, it should only apply to members of the organization Log Cabin Republicans, who brought the challenge against the policy to court.

Earlier this month, District Judge Virginia Phillips ruled that Don’t Ask, Don’t Tell violates the Constitution’s first and fifth amendments. Phillips has said that she will file a nationwide injunction. 

The White House issued a statement Thursday defending the Department’s challenge and also reiterating the President’s opposition to the controversial policy.

“This filing in no way diminishes the President’s firm commitment to achieve a legislative repeal of DADT,” White House Press Secretary Robert Gates said.

Gates added that the White House will continue to pursue the repeal of Don’t Ask, Don’t Tell through legislative means.

The text of the Justice Department’s 14 page objection can be read here.

DOJ Charges Nigerian Man In Northwest Flight Bomb Attempt

The Department of Justice has announced that it is charging Umar Farouk Abdulmutallab, 23, a Nigerian national, with attempting to destroy a Northwest Airlines aircraft on its final approach to Detroit Metropolitan Airport on Christmas Day and with placing a destructive device on the aircraft. Abdulmutallab was on a flight from Amsterdam and attempted to set off an explosive device as the plane was approaching Detroit Metropolitan Airport.

The criminal complaint and affidavit can be read here.

Executive branch in dire need of reform

The upcoming change of administrations provides a unique opportunity for reform across all aspects of the executive branch. For the American Constitution Society (ACS), a review of law and justice policies are of special concern.

“The one overarching theme over the past eight has been a view that legal policy doesn’t differ from other sorts of policy, that the Justice Department is no different than any other cabinet agency, and there is no distinction between just law and politics,” said Ronald Klain, former Chief of Staff for Al Gore during a panel discussion on the responsibilities for the next administration.

According to the ACS, the Bush administration has damaged legal policy across a variety of departments.

Former Attorney General John Ashcroft altered the Civil Rights Division of the Justice Department’s hiring program to give career members less influence than political appointees in approving applicants. William Yeomans, Chief Counsel to Edward Kennedy, says that this was a clear effort to restructure the ranks of the department.

“Far fewer people coming in had civil rights experience. Far fewer were coming from first tier law schools. Many more had conservative organizations on their resumes and many advertised an association with the Republican party,” said Yeomans.

The Department of Homeland Security faces a number of problems as well. Upon its creation, DHS went for several months without a centralized policy staff and in attempt to make the department revenue neutral, it was severely underfunded.

“To this day the revenue neutrality point is kind of puzzling when you think about it, because these different bureaus were asked to take on a whole bunch of additional missions compared to what they were doing before,” said Stanford Law Professor and Deane F. Johnson Faculty Scholar Mariano-Florentino Cuéllar.

“The Bush administration has appointed people in the top position at agencies that adhere to the conservative credo that distrusts government. That distrusts not only the actual missons of the agencies they have been put in charge of, but the people who are there to do it,” said Former Deputy Director of the Office of Management and Budget Sally Katzen.

“The consequence is that some very good people have left the government. Take a look at the statistics of senior people who are leaving in droves. So if there is a new administration that has a different attitude, where are the people to do that work?”