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Commander in Chief? Hardly more like Hater in Chief

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Posted on August 07 2018

 

Back in April of this year I posted a long entry regarding Trump’s Twitter DOD policy announcement. As an Army Brat (emphasis on brat) one of the best days in my recent memory was June 30, 2016 when (then) Defense Sec Ash Carter formally announced:



Transgender Service Members...

 

 

June 30, 2016 DOD Official Annoucement, archive found here. When the Obama Administration announced this policy understand that it took years of research, meetings with ALL stakeholders. This was a thoroughly thought out and well implemented “policy”. The DOD’s (archived) page can be found here.

2016 DOD implementation policy found here 

 

 

Original April 2018 Blog entry below:

 

 

Predictably because Donald Trump is filed with rage and regret he nor his administration put any thought into his random “Twitter Policy” as it relates to Transgender and our Military. Granted that should not come as a suprise given the:  Muslim Ban 1-3 Fubar, DACA Fubar, Zero Tolerancd Fubar I mean really Trump’s stumbles as it relates to Public Policy all have a documented theme, Trump lacks any ability or desire to approach Public Policy in a thoughtful or fulsome deliberative process. Instead Trump locks himself in a bathroom and tweets away because the 71 year old man-baby is literally a wannabe dictator.

Trump has no idea what building a coalition is, he has no idea what public policy is, he just believes that he can tweet insane policies and “his people” will implement. No you Russian Swamp Donkey, that’s not how this works. Well maybe in Russia or Turkey their “dear leader” issued an edict and then their goons carry the order out. But goddamnit this is: THE UNITED STATES OF AMERICA, you intractable word that rhymes with witch.

Because of your authoritarian tendencies, of course you’re being litigated 8 ways to Sunday. You can’t use your ting fat fingers and tweet out a “new” policy or reverse a prior Administration’s policy. God do you really hate yourself or Obama that much. Oh wait.  Never mind.

 

Transgender Complaint moves FORWARD:

In a 34 page Memorandum Opinion, US District Court Judge Colleen Kollar-Kotelly ruled:

 

Defendants’ Motion to Dismiss Plaintiffs’ Second Amended Complaint, and DENIES Defendants’ Motion to Dissolve the Preliminary Injunction.

Both of these motions are based on the same fundamental premise: that Defendants have recently proposed a “new policy” that will now allow transgender individuals to serve in the military.

Based on this premise, Defendants argue in these motions that Plaintiffs no longer have standing, that their claims are moot, and that there is no longer any need for this Court’s preliminary injunction.

For reasons discussed in more detail below, the Court is not persuaded by these arguments. This case shall proceed, and the Court’s preliminary injunction shall continue to maintain the status quo ante.

 

Regarding the irreparable harm that Trump’s Policy-Tweet the Judge went on to state:

 

the Court found that Plaintiffs had standing and were likely to succeed on their Fifth Amendment claim. The Court concluded that, as a form of government action that classifies people based on their gender identity, and disfavors a class of historically persecuted and politically powerless individuals, the President’s directives were subject to heightened scrutiny.

The court found that a number of factors—including the breadth of the exclusion ordered by the directives, the unusual circumstances surrounding the president’s announcement of them, the fact that the reasons given for them did not appear to be supported by any facts, and the recent rejection of those reasons by the military itself—strongly suggested that plaintiffs’ Fifth Amendment claim was meritorious,

 

The Court then goes on to explain that the Trump Administration filed an appeal and motion to stay this Court (DDC) preliminary injunction. Keep in mind AFTER the Trump Administration had their ____ handed to them in the DC Circuit Court of Appeals “defendants voluntarily dismissed their appeal of this Court’s preliminary injunction. The military began permitting openly transgender individuals to accede on January 1, 2018.”

 “given that the enjoined accession ban would directly impair and injure the ongoing educational and professional plans of transgender individuals and would deprive the military of skilled and talented troops, allowing it to take effect would be counter to the public interest.”

...”in the balancing of equities, it must be remembered that all Plaintiffs seek during this litigation is to serve their Nation with honor and dignity, volunteering to face extreme hardships, to endure lengthy deployments and separation from family and friends, and to willingly make the ultimate sacrifice of their lives if necessary to protect the Nation, the people of the United States, and the Constitution against all who would attack them.” 

 

And then Judge Colleen Kollar-Kotelly just unloads and when I say unloads I mean. WHOA:

Court, these post hoc processes and rationales appear to have been constrained by, and not truly independent from, the President’s initial policy decisions.

...other courts have similarly concluded that Defendants’ policy is likely unconstitutional and
warrants being preliminarily enjoined is no reason for this Court to lift its own injunction. This
is especially so given that Defendants have moved to dissolve those preliminary injunctions, and
have appealed the decision of the first court to deny such a motion.

It should not be forgotten that the United States military remains engaged in numerous armed conflicts throughout the world, and service members are still being injured and killed in those conflicts. The public interest and equities lie with allowing young men and women who are qualified and willing to serve our Nation to do so. (emphasis added)

To read the 34 page filing, open source link found here.

Cadet bone spurs Dismissed:

In a separate Opinion the Court granted Trump’s request to be dismissed from this case, my hunch is Trump sought the dismissal because that’s an end run to insulate him from Discovery but I could be wrong. See 9 page filing found here. It is the following sentence that contributed to my previous assertion:

“Because no relief will be granted directly against the president in this case, the court will dismiss him as a party to avoid unnecessary constitutional confrontations,”

 

Court will GRANT Defendant’s Partial Motion for Judgment on the Pleadings and to
Partially Dissolve the Preliminary Injunction only as to President Trump as a Defendant in this
case. The President will be dismissed as a party and the Court’s preliminary injunction will be
dissolved only as it applies to the President. The Court shall not grant injunctive or declaratory
relief directly against the President with respect to his discretionary acts that are the focus of this
lawsuit.

 

And my parting thoughts...the beauty of our National Archives, so I’ll leave this liddle Twitter thread right here:

 

 

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