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, 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."

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.