Well, the pro-"repeal" folks seem to have talked Senator Robert Byrd (D-WV) into supporting their sham compromise, although they needed to add another step to the process to get his vote: a 60-day post-report review process to ensure Congress is happy with the certification provided by the President, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff.
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.
Here is Senator Byrd’s letter of support — well, his letter demanding his changes be incorporated into the legislation in order to obtain his support. What this shows is that the compromise as crafted at the White House didn’t get any new votes: it needed to be further revised to get Byrd’s:
U.S. Senator Robert C. Byrd
For Immediate Release: Wednesday, May 26, 2010BYRD 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."
Although we disagree on the value of this current proposal that some are calling ‘a path to repeal’ I would be remiss in not acknowledging the excellent work of Adam Bink reporting at Open Left this week. And Adam certainly isn’t the Lone Ranger in taking an opinion different than mine; I haven’t yet found a progressive blogger who doesn’t support the passage of this sham ‘repeal.’
UPDATE: I see from Adam’s updated previous post at Open Left that he has it on good authority that Senator Evan Bayh (D-IN) will also vote for this proposal tomorrow in the Senate Armed Services Committee.



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This is quite a step for Byrd. Good for him and for bringing anyone else along with him. I’m sure no republicans will vote for it either way, ‘cept maybe the Maine twins.
Of course, Byrd only had to stay away tomorrow for health reasons, something he does with great regularity now, for his vote to count in favor of the proposal. The proponents had to want to add the 60-day waiting period to an already hopelessly compromised bill.
They didn’t need Byrd’s vote, but they weakened the bill to get it.
Delays on delays. This will definitely kick it into a new and probably more conservative Congress and give more opportunities for it to be weakened or killed.
It will be interesting to see if they make any changes to get Webb’s vote tomorrow. Put it all off until 2013, anyone?
That way, Webb and Obama can reassure the military voters in Virginia that they’ve still be protected from the icky Gheys.
Someone pointed out elsewhere how ironic it is that Webb, who opposes repeal of DADT in any form, apparently, owes his election to the US Senate to the huge discriminatory gaffe made my his opponent, George “Macaca” Allen.
I’m guessing December, 2016, based on the President’s assumption that he will be re-elected in 2012. After the 2016 election, he can have DADT “repeal” as part of his “legacy” (as if anyone will care by then), but not have to actually do anything about it.
I’ve decided I must be stupid because I don’t get this at all. Trying to see both sides is usually a good thing but I don’t see the other side. This isn’t going to happen soon obviously and now Byrd wants 60 more days for reviewing what? Nope, I don’t understand.
Most people are saying there’s no mechanism in the compromised compromise for a re-vote by Congress during the 60-day period. Of course, these same people are seeing the very best in what they say is happening, and have backed this play all along.
I wonder how bad this sham has to get before someone stands up and says, “Hey, enough with the compromising on our civil rights!” Hasn’t happened yet.
This is such bull crap. I am so incensed over this – more baloney dressed up to look like steak.
The sign in the photo is wrong – gay isn’t the new black. Based on how DADT is being handled, gay is the new black plague.
Meant to add – thank you Teddy for these posts.
You’re welcome.
Wow, they are doing so much due diligence wrt DADT repeal.
Wonder why it’s never occurred to them to do so much review of the oil industry? Or the banking industry? Or the insurance industries?
What a bunch of douches.
This is typical Robert Byrd. He is very protective of the perogatives of Congress, and insisting on a Congressional review of the final Pentagon report is perfectly consistent with his belief in the supremacy of Congress. He railed, ranted and raved about Bush’s claims of executive privilege and the Bush administration’s insistence on the constitutionality of the “Unitary Executive.” He’s a good liberal from a very conservative state. I doubt that this requirement for his support of the bill will amount to any more than what it purports to be – a delay intended to show the executive branch who’s boss.
Well, it could be in the hands of a very different Congress, and it might even be in Speaker Boehner’s hands. Does anyone think Speaker Boehner will let this review period pass without some mechanism to stop repeal in its tracks?
I don’t.
If the idea is to accomplish the legislation now, while the votes are there, although still defer to the military’s wishes for a study and certification and polling the warfighters to be sure it’s okay, why would the proponents then add in another ping-pong back to Congress just to satisfy Robert Byrd, whose vote they don’t need in Committee anyway? Byrd could have called in sick (like he’s done 90% of this Congress) and given the same result. In committee, absence is the same as a vote for the measure, since it reduces the number needed to pass the measure out.
More needless self-compromising.
Service Chiefs Seek to Delay Vote on Gays
“…the chiefs said they wanted Congress to delay voting on the issue until after Dec. 1, when the Pentagon is to complete a review of how the military should carry out the changes.”
This is so disheartening. Harry Truman did not wait for a “study” or “review” when integrating the armed services in 1948. There clearly no need for a “study/review” in the case of gays in the military. They are already there, side by side, in their units. And in many, if not most, cases the orientation is already known. In the case of blacks, the segregation made it much more of a change
homer http://www.altara.blogspot.com
Good thing Truman didn’t create a smokescreen like this when he desegregated the military via executive order…..but then Obama saves those for preventing poor women from being able to afford an abortion.
It took a decade to get all things in to place for the military to accept desegregation. Just a reminder.