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Drop McVeigh Case, Gay Ban Author to Tell Court President Must Intervene, Advocates Say

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"The case against Senior Chief McVeigh should be dropped," said Dr. Charles Moskos -- the author of the "Don't Ask, Don't Tell" policy -- in a sworn four-page legal document to be presented in federal court on Wednesday. Online privacy and gay rights advocates demanded the President's immediate intervention in the case.

In a sworn written "declaration" for the court, Dr. Moskos blasted the military's handling of the McVeigh case. That entire document is attached at the end of this email. Among Moskos observations in the sworn document:

"I am the author of the United States Armed Forces' current 'Don't Ask, Don't Tell, Don't Pursue' policy."

"The Navy violated the 'Don't Ask, Don't Tell' policy in the McVeigh case by launching an investigation without there being credible evidence that Senior Chief McVeigh had engaged in homosexual acts or had openly stated that he was a homosexual."

"The Navy's actions in this case violated the 'Don't Ask, Don't Tell" policy. In simple terms, Senior Chief McVeigh did not 'tell' in a manner contemplated under the policy -- he sent an anonymous e-mail which did not list his surname or his Navy connection."

"This sort of heavy-handed 'enforcement' by the Navy will inadvertently undermine the 'Don't Ask, Don't Tell' policy."

"It is these kind of actions by the military, rather than lobbying by homosexual-rights advocates, that pose the greatest threat to the efficacy of the policy in balancing the military's concerns about readiness, unit cohesion and morale with what President Clinton called 'a decent regard to the legitimate privacy and associational rights of all service members.'"

"To preserve the 'Don't Ask, Don't Tell' policy and send a suitable message to the military that investigations of this type will not be condoned, the case against Senior Chief McVeigh should be dropped."

Online advocates demanded the President's immediate intervention in the case. "Even the man who wrote 'Don't Ask, Don't Tell' says this case is a sham," said John Aravosis, a lawyer and Internet consultant helping McVeigh with the case. "Is the President really going to defend cyber-snooping and destroy a man's career?"

 


 

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