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WATCH: Levin Says Obama "Lacks a Willingness to Fight Hard" on DADT

Senate Armed Services Committee Chairman Carl Levin (D-MI) says he is willing to stay in session after Christmas to pass the stand-alone "Don’t Ask, Don’t Tell" repeal measure and other legislation. Levin says he doesn't see a similar "willingness" from the President to fight.

"The President needs to fight [and] say that he is going to use all of the power he has of a bully pulpit and urge the Senate to stay in, right up to New Years," Levin said on C-SPAN on Sunday. "That’s the problem that I don’t see that kind of a willingness to fight that hard, where he will take that kind of a position and that’s what’s necessary. The Senate and the House, these are tests of wills."

Meanwhile: At today's White House Press Briefing, Press Secretary Robert Gibbs "refused to say that President Obama would call on the Senate to stay in session until it brought up the stand-alone measure to repeal Don’t Ask, Don’t Tell," reports the Wonk Room. "Asked by The Advocate’s Kerry Eleveld ... why Obama has pledged to stay in DC until the Senate passed START but not DADT, Gibbs replied that the President would wait for the Senate to adjourn before leaving. Gibbs also refused to say if the administration was considering alternatives to legislative repeal."

Tick, tock. The clock is running down. Watch both videos AFTER THE JUMP ...

Obama's Nominee to Lead USMC: Most Marines Against DADT Repeal

Only hours before the Senate will begin voting on the process to end "Don't Ask, Don't Tell," the Obama Administration's nominee to lead the Marine Corps claims a Pentagon survey shows Marines are "predominantly" opposed to lifting the ban. General James Amos made the remarks this morning to the Senate Armed Services Committee as it considered his nomination to be Commandant of the Marine Corps, reports AFP.

As part of the administration's plans to end the ban, the Pentagon has carried out an elaborate survey of marines and other service members at military bases and online, but the results have yet to be released. "I've heard at the Marine bases and the Marine input for the online survey has been predominantly negative," Amos told the Senate Armed Services Committee. But Amos added he had heard about the results second-hand and had not seen the survey responses.

In written testimony to the committee, Amos also said he opposed changing the law, which he described as a "reasonable" compromise. He said he was worried that repealing the ban could be disruptive at a time when nearly 20,000 marines are engaged in major combat in Afghanistan. "I'm concerned that a change now will serve as a distraction to Marines who are tightly focused at this point on combat operations in Afghanistan," Amos wrote. Amos, however, said he was confident that if the law is repealed, the Marines would enforce the new rule without hesitation. "We obey orders," he said.

Outgoing Marine commandant General James Conway has been a critical opponent of lifting the ban. Conway has suggested the Corps should house openly gay or lesbian troops in separate barracks.

In other news ...

  The promise to repeal the ban faces a seemingly imminent filibuster. Senate Democrats are apparently one or two votes short of the 60 needed to limit debate and advance the legislation. Maine Republican Sen. Susan Collins, the only Republican to support repealing the law and "widely seen as the crucial 60th vote, announced Tuesday that she would not support advancing the bill because Democrats wouldn't allow the Republicans sufficient leeway to offer amendments." 

Fellow moderate Maine Republican Olympia Snowe has not said that she would oppose lifting the ban ... but now says the Pentagon review should be completed before the law is repealed.

WATCH: Gen. Petraeus Collapses During Senate Testimony

Gen. David Petraeus, the head of U.S. Central Command, briefly collapsed during the Senate Armed Services Committee hearing on Afghanistan. Petraeus collapsed during questioning by Sen. John McCain, reports The Hill.

"Petraeus was about to answer a question when he went silent and passed out in front of the microphone. He quickly recovered, but the hearing went into recess and Petraeus was able to walk out under his own power. He later returned to the hearing room and joked that he had felt 'lightheaded' — but that the condition was not caused by questioning from Sen. John McCain (R-Ariz.). 'I just got dehydrated,' Petraeus said. Despite Petraeus wanting to go ahead with the hearing, chairman Carl Levin (D-Mich.) postponed it until Wednesday."

Last year, Petraeus received treatment for early-stage prostate cancer, reports The Chicago Tribune.

In related news: You may recall that in February, the CENTCOMM commander said that troops in the field probably didn't care if fellow soldiers were gay or lesbian.

Watch the incident AFTER THE JUMP ...

Senate Armed Services Committee Votes 16-12 to Repeal DADT

By a 16-12 vote, the Senate Armed Services Committee has approved the Levin-Lieberman Amendment. The amendment begins the process of dismantling the 17-year-old "Don’t Ask, Don’t Tell” policy that prohibits gays and serving openly in the military. This is the first time Congress has ever attempted to repeal the ban in its nearly 17 year history.

The roll call is AFTER THE JUMP ....

The language was submitted by SASC Chairman Carl Levin (MI) and Joseph Lieberman (CT) as an amendment to the National Defense Authorization Act. The measure allows Congress to vote now to repeal the current law, but, actual implementation begins after completion of the Pentagon Working Group study due December 1 and upon certification. Since the amendment has passed committee, it would require 60 votes to strip repeal from the bill during the floor debate. Background HERE and HERE.

Susan Collins of Maine was the sole Republican on the panel to approve the measure. Virginia's Jim Webb was the only Democrat to vote against it. The vote was held in closed session. Fifteen votes were needed for passage.

Rep. Patrick Murphy will offer similar language as an amendment to the NDAA on the House floor later tonight or tomorrow. Murphy and Speaker Nancy Pelosi expect the amendment to pass.

UPDATE: The House is debating now. Watch CSPAN1 or Houselive.gov.

The roll call is AFTER THE JUMP ....

 

Sen. Byrd to Vote YES on DADT Repeal Pending 60 Day Review

Sen. Senator Robert Byrd, the last undecided vote on the Senate Armed Services Committee, says he will vote YES vote for the "Don't Ask, Don't Tell" repeal compromise. But ...

The conservative West Virginia Democrat wants to include a 60-day congressional review period, reports Think Progress. "This period of time will allow the Congress, along with the American people, to thoroughly review the proposed policy recommendations," says the senator. "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."

And:

"The new language will presumably send the issue back to Congress even after the results of the Defense Department review are certified by President Obama, Secretary of Defense Robert Gates and Joint Chiefs Chairman Mike Mullen. The full compromise now looks something like this: 1) Congress passes repeal as an attachment to the defense authorization bill, 2) once the study is completed on December 1, officials will certify that it does not undermine military effectiveness 3) once it’s certified, Congress has 60 days to “review” it before DADT is repealed. Byrd provides the 16th vote for repeal on the Senate Armed Services Committee, but under this scenario the ban won’t be eliminated until sometime in early 2011."

Byrd becomes the 16th vote in the SASC. Only 15 are needed.

So when do the discharges end? And what will happen if the next (Republican?) Congress does not approve?

REPORT: Sen. Ben Nelson to Cast Key YES Vote on DADT Repeal

Sen. Ben Nelson will announce that he is voting YES on the "Don't Ask, Don't Tell" repeal compromise, reports Open Left.

Only last week, the conservative Nebraska Democrat announced he would not vote for repeal before the Pentagon finished its year-long review. "Nelson’s support brings the total number of votes in the Senate Armed Services Committee to 15," reports the Wonk Room. "Enough to attach the delayed-implementation amendment (offered by Lieberman (I-CT)) to the Defense Authorization measure on Thursday. When the amendment passes in committee, it would require 60 votes to strip repeal from the bill during the floor debate."

In related news: The Advocate's Kerry Eleveld writes the White House has been largely missing in action on DADT repeal and had to be "drag[ged] across the finish line."

"The White House and Gates seemingly didn’t want a vote this year. Activists wouldn’t let up. Murphy, Levin, and Lieberman put in a heroic effort to salvage repeal. And in my estimation, when Levin was one vote away in the Senate committee, White House officials realized the repeal train was leaving without them and not hopping aboard was a no-win situation. If it passed, they would get no credit; if it failed by one vote, activists would castigate them for withholding support. This compromise could still fail, and make no mistake, the deal was brokered by the White House, which then treated it as the redheaded stepchild it never wanted in the first place. But the outcome — win or lose — now has the administration's fingerprints on it, even though its refrain since Monday morning has been that Congress was forcing its hand."

Politico reports the Speaker Pelosi, Levin, Lieberman and Rep. Patrick Murphy "forced" the White House to get involved at the 11th hour. "'They got the message, I think, actually really from Pelosi that [Congress was] going to try to do this with or without the White House. ... They could be part of it or not be part of it,' said Richard Socarides, liaison to the gay community under President Bill Clinton. 'She figured if Congress tried to get something done and failed, the White House would be blamed. If it tried to get something done and succeeded, and they stood on the sidelines, they’d look like jerks, and it would sort of make the president look bad. It was her leadership and her willingness to be out in front on this at the end that forced their hand.'"

White House Endorses "Don't Ask, Don't Tell" Repeal Compromise

The latest on today's efforts to reach a compromise on "Don't Ask, Don't Tell" by the White House, the Defense Department, gay rights lobbyists and lawmakers ....

The White House has endorsed the "Don't Ask, Don't Tell" repeal compromise reported earlier, according to emails sent to Rod 2.0 and published reports. "Delayed implementation" retains the current policy until the Pentagon Working Group study is completed. The President, Secretary of Defense, and Chairman of the Joint Chiefs will later sign-off on implementation.

Director of the Office of Management and Budget Peter Orzsag:

"The Administration is of the view that the proposed amendment meets the concerns raised by the Secretary of Defense and the Chairman of the Joint Chiefs of Staff. The proposed amendment will allow for completion of the Comprehensive Review, enable the Department of Defense to assess the results of the review, and ensure that the implementation of the repeal is consistent with standards of military readiness, effectiveness, unit cohesion, recruiting and retention. ...The Administration therefore supports the proposed amendment."

The statement responds to a request for input from Senators Joseph Lieberman and Carl Levin and Rep. Patrick Murphy. The three pro-repeal lawmakers have been trying to build support for repeal this year via the National Defense Authorization Act. A vote is expected Thursday.

The White House response HERE (pdf).

The DADT repeal amendment  HERE (pdf).

The "compromise" would repeal "Don't Ask, Don't Tell" and return "open service" authority to the Pentagon. Non-discrimination language would not be included. As of yet, there is no deadline and the Associated Press speculates the process could take "several years" or more.

Pro-repeal advocates welcome the announcement. Servicemembers Legal Defense Network's Aubrey Sarvis says today's developments are a "dramatic breakthrough" that should ensure repeal will be attached to the NDAA.

Report: WH Deal Delays DADT Repeal, Lacks Non-Discrimination

Politico:

"Congressional leaders, gay rights advocates and Pentagon officials are meeting at the White House Monday morning to discuss an emerging deal on repealing the military's "Don't Ask, Don't Tell" ban on gays in the military, sources say."

The Wonk Room confirms the meeting.

The Advocate's Kerry Eleveld reports some details, with an emphasis on "delayed implementation".

"A White House aide who spoke on the condition of anonymity confirmed the White House meeting. "Our understanding is that Congress is determined to act this week and we are learning more about their proposal now," said the aide.  A Democratic leadership aide called the development "promising" but said discussions are ongoing. The House Democratic leadership is expected to meet about the proposal later this afternoon.

According to one person familiar with the White House meeting, the proposal that is being considered would repeal the current statute this year, but implementation of repeal would not take place until after completion of the Pentagon’s working group study in December. Further, repeal would require certification from President Barack Obama, Secretary of Defense Robert Gates, and Joint Chiefs Chair Admiral Mike Mullen that the new law will not have a negative impact on readiness, recruitment, retention and other key factors that affect the military.

The language would not include a nondiscrimination policy but rather will return authority for open service by gays and lesbians back to the Pentagon. A statement of administration is expected to be released this week, potentially as early as tomorrow."

Returning open service authority to the Pentagon and the lack of a non-discrimination clause are key data points. Sources indicate after repeal and the study's completion, the President would sign an executive order. But "when" is a question, as well as the EO's durability.

WaPo: This Week's "Don't Ask, Don't Tell" Vote "Too Close to Call"

This is the "all hands on deck" week to repeal "Don't Ask, Don't Tell" and the vote count is "too close to all," according to analysis in the Washington Post.

"The Senate Armed Services Committee is expected to vote by the end of the week on an amendment to the annual defense spending bill that would end "don't ask, don't tell," which Congress passed in 1993. Chairman Carl M. Levin (D-Mich.) favors a repeal, but it is unclear whether he has enough votes, with six senators on the panel considered undecided, legislative sources said.

The House is expected to vote on a similar measure this week, based on a repeal proposal sponsored by Rep. Patrick J. Murphy (D-Pa.), an Iraq war veteran. The House Armed Services Committee declined to act on Murphy's bill in passing its version of the defense spending measure last week, but Speaker Nancy Pelosi (D-Calif.) has told gay advocacy groups that she will allow a floor vote if there is enough support in favor of a repeal.

'This is our 'all hands on deck' moment,' said Aubrey Sarvis, executive director for the Servicemembers Legal Defense Network, which represents gays who have been drummed out of the armed forces. "For repeal to succeed, it is critical that all proponents for full repeal weigh in now, including the White House. We are only a few days away from this historic vote."

Former Joint Chiefs of Staff Chairman John Shalikashvili—who pushed for DADT in the Clinton Administration and came out for repeal in 2007—wrote a weekend op-ed in the Post. The general advises "delayed implementation"—Congress should repeal DADT now and the Pentagon should act later.

"If Congress fails to repeal it, the Pentagon's study process will be compromised because the Defense Department will not have the authority to implement its own recommendations. Fortunately, there is an option that fully respects the secretary's request to Congress while moving forward on a reasonable timetable. Congress could repeal the federal statute and return authority to the military to set rules about gay troops, just as the armed services had before "don't ask, don't tell" became law in 1993."

A Sunday editorial in The New York Times advised a similar strategy.

Ret. Gen. Claims Gays in Dutch Military Lead to Bosnian Massacre

At Thursday's Senate Armed Services Committee hearings, Gen. John J. Sheehan, the former Supreme Allied Commander for NATO, argued against repealing "Don’t Ask, Don’t Tell". Sheehan made the rather bizarre claim that Netherlands’ allowance of gay men and women to serve openly lead to the Srebrenica genocide in 1995.

From the transcript:

SHEEHAN: The case in point that I’m referring to was when the Dutch were required to defend Sbrenecia against the Serbs, the battalion was understrength, poorly led. And the Serbs came into town, handcuffed the soldiers to the telephone polls, marched the Muslims off and executed them. That was the largest massacre in Europe since World War II.

LEVIN: And did the Dutch leaders tell you it was because there were gay soldiers there?

SHEEHAN: It was a combination –

LEVIN: Did they tell you that?

SHEEHAN: Yes.

LEVIN: That’s my question.

SHEEHAN: They included that as part of the problem.

LEVIN: That there were gay soldiers among the Dutch force.

SHEEHAN: The combination was the liberalization of the military, the net effect of basically social engineering.

Sheehan's outrageous claims were checked by SASC Chairman Carl Levin (MI), former soldiers who served with the Dutch, and, most forcefully, by the Dutch. "It is astonishing that a man of his stature can utter such complete nonsense," says Dutch defense ministry spokesman Roger van de Wetering. The Netherlands' Defense Minister Eimert van Middelkoop says Sheehan's remarks are "' damaging’ and not worthy of a soldier. ‘I don’t want to waste any more words on it,’ he said."

Watch Sheehan's "testimony" and Levin's response WHEN YOU JUMP ...