How DOJ blew 'Don't Ask, Don't Tell' case

This week, the Obama regime repealed the "Don't ask, don't tell" military rule.

DADT, as it is called, is a law Congress passed during the Clinton administration that says the military is not allowed to inquire about a service member's sexual orientation. By the same token, the service member is not allowed to talk about it. Homosexual acts still remain a crime under the Uniform Code of Military Justice, and being a homosexual is still grounds for discharge.

Obama promised during the campaign that he would repeal DADT. There was only one major problem: The majority of Americans did not want it repealed, and apparently enough members of Congress did not want it repealed, either.

As we are well aware, the will of the people and the will of Congress are only minor technicalities to the Obama regime.

The Obama regime did not want to have to have this fight, nor did it want to disappoint a major liberal support group. So it concocted a plan to repeal DADT without going through Congress.

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The Log Cabin Republicans, who are neither log cabins nor Republicans, filed suit in California to have DADT declared unconstitutional.

The case ended up in front of District Judge Virginia Phillips, a Clinton administration appointee.

When someone files a suit to declare a law unconstitutional, the attorney general and the Department of Justice are obligated under law to defend it. While they are duty-bound to defend the law, they do not have to defend it well. The Obama regime knows this.

As the case went to trial, DOJ called no witnesses. The only evidence it offered was the legislative record from Congress.

When judges try a case, their rulings are limited to the evidence that is in front of them. In this case, DOJ offered no real evidence to support DADT. Despite the fact that the judge was a Clinton appointee, she really had no choice in her ruling.

Imagine a baseball game where a team puts its batters up to the plate. The players stand there, but they absolutely refuse to swing at the ball.

That is exactly what the Obama Justice Department did. DOJ's actions were so unusual, the judge even commented on it in her ruling.

Repeal of DADT has been a highly contentious political issue, and the damage this will do to the military is yet to be determined.

Surveys show many conservative service members have said they would leave the the armed forces if they were forced to share close quarters with openly homosexual soldiers. Whether that will happen is yet to be seen.

In any case, this is yet another example of what liberal elites are capable of when they're granted unchecked power.

Judson Phillips is the founder of Tea Party Nation. He is organizing the National Tea Party Unity Convention in October in Las Vegas and will be appearing at WND's "Taking America Back National Conference" in Miami.