BREAKING: Sen. Byrd to vote for DADT repeal

by: Adam Bink

Wed May 26, 2010 at 20:44


Just received over e-mail:

U.S. Senator Robert C. Byrd
For Immediate Release:  Wednesday, May 26, 2010

BYRD STATEMENT ON DON'T ASK, DON'T TELL REPEAL COMPROMISE AMENDMENT

Washington, DC -- U.S. Senator Robert C. Byrd, D-W.Va., a member of the Senate Armed Services Committee, released the following statement announcing that he will vote for a compromise amendment to the Department of Defense Authorization bill to repeal "Don't Ask, Don't Tell." Byrd worked successfully with interested parties to include some additional language that would give Congress an additional 60 days to thoroughly review the implementation policy once certified:

"I did not want to blindly assent to repealing this law without giving the Congress an opportunity to re-examine the concerns of our Armed Forces and the manner in which they are being addressed."

"Therefore, I worked with the Senate and House Leadership, Senators Lieberman and Levin, Congressman Murphy, the Administration and the Department of Defense to include a provision in the proposed compromise amendment that would delay the repeal of the 'Don't Ask, Don't Tell' policy for 60 days after receipt of the findings of the Pentagon Review and the determination of the proposed policy and regulation changes."

"This period of time will allow the Congress, along with the American people, to thoroughly review the proposed policy recommendations to ensure that these changes are consistent with the standards of military readiness, military effectiveness, unit cohesion, and recruiting and retention for our Armed Forces."

"With these changes, I will support the amendment expected to be offered by Senator Lieberman to the Department of Defense Authorization bill."

This would add 60 days onto the end of the process to allow Congress, the Administration and the public to "review" the findings and proposed policy changes. It's unclear at this point whether the delay comes after the review but before certification, or after certification but before the policy changes take effect. But there appears to be nothing (so far) in Byrd's language that would require additional action on the part of any branch of government, merely a delay. I will provide updates as I found out more if that is not the case.

With this, we will have 16 votes (including one Republican, Susan Collins) in favor of repeal to 12 opposed on the Senate Armed Services Committee going into tomorrow's vote.

Update: I took a look at the legislative language. The 60 day-rule takes effect AFTER certification. Meaning (a) Congress repeals the statute (b) The Pentagon review is delivered (c) The President, SecDef and Chairman of the Joint Chiefs sends a written certification to Congress (d) Implementation takes effect 60 days after. Additionally, no additional Congessional or Administration action would be required under the Byrd language.

Adam Bink :: BREAKING: Sen. Byrd to vote for DADT repeal

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Yes!! .... (0.00 / 0)
maybe Webb will change his vote now .. since both Bad Nelson and Byrd are a Yes

February 1, 2011 (0.00 / 0)
That would be the earliest possible date open service would be permitted?  Presumes a December 1, 2010, report date that says full-steam-ahead (not at all guaranteed) and a 60-day approval on that date to go ahead.

So we're looking at close to another full year of discharges under DADT.  

That's not repeal, folks.  That's kicking the can past the midterms, with some hope for eager votes from LGBT supporters in November.


Even with a regular bill (0.00 / 0)
I was always under the impression that it would be months before it would take effect, so this doesn't really bother me.  

[ Parent ]
re: dadt (0.00 / 0)
Meaning (a) Congress repeals the statute (b) The Pentagon review is delivered (c) The President, SecDef and Chairman of the Joint Chiefs sends a written certification to Congress (d) Implementation takes effect 60 days after. Additionally, no additional Congessional or Administration action would be required under the Byrd language.

what will be implemented in (d)?

a policy saying no discrimination on the basis of sexual orientation?


Presumably (0.00 / 0)
But not for certain. It is up to the Pentagon and the President regarding the specifics. But generally that is what is expected with the caveat that could be slightly different.


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[ Parent ]
(d) will be (0.00 / 0)
whatever the SecDef convinces the service chiefs to accept.

There's no guarantee of a non-discrimination policy, although Patrick Murphy says he's 'confident' there will be one.  His legislation required such a policy; the sham repeal does not.

And Spencer Ackerman points out that the service chiefs'  unanimous letter is quite telling: Gates has succeeded in keeping them locked down when he needed to in the past, but not here and not today.  Also, the CNO let the cat out of that bag, supporting Gates' view, he wrote, that the review be completed before legislation is passed.

Of course, as of today, that's not Gates' view.  Or is it?

Supposedly, McCain solicited the service chief's letter.

Anyone who expects a clean report from the service chiefs on 12/1/10 that yields both open service and a path for servicemembers to report harasssment -- pass me what you're smokin' please....


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