January 4, 2018


Leave a Comment for the President re the DOD’s and DOJ’s Inaction on Military Readiness


It’s an issue the media has ignored — the failure of the Department of Defense (DOD) and the Department of Justice  (DOJ) to fight for President Trump’s ban on transgenders in the military announced via Twitter in July.  The DOJ decided not to file an emergency appeal to the US Supreme Court when their previous requests for reconsideration and stays of lower court rulings were denied by the Courts of Appeal for the District of Columbia and the Fourth Circuit.  They should have acted then!  Instead a DOJ official said the DOD must begin accepting recruits who identify as transgender as of January 1, 2018.  The anonymous DOJ official said the administration was waiting on the recommendations from the DOD study and in the meantime would  “continue to defend the president’s lawful authority in district court in the meantime.”   It makes no sense, but that’s what the anonymous DOJ spokesman said.

Here are some of the problems:

1.)  Federal judges have no constitutional right to set policy for the military.

2.)  President Trump gave official instructions to the Department of Defense that four federal judges have told to ignore.

3.)  The DOD Panel of Experts reviewing the transgender issue referenced in General Mattis’ Guidance is chaired by someone who has already defied President Trump by holding an official “gay pride” event at the Pentagon in June.  Can we expect to get an unbiased report from the “Panel of Experts” chaired by Obama holdover Anthony Kurta?  The possibility of such is probably zero!

4.)  BUT, because the DOD and DOJ did not file an emergency appeal to the US Supreme Court, even if the panel recommends a new policy the President’s hands are tied until the Federal Courts give him permission to implement that policy.  This is not the judicial power envisioned by the Founding Fathers!

5.)  These district court orders do not just maintain the status quo, but demand the DOD implement a previous administration’s policy rather than that of the current administration.

6.)  The DOJ was more than willing to take President Trump’s immigration fight to the Supreme Court, why are they hesitant to take the military transgender issue to the nation’s top court?

7.)  It seems DOD was preparing to allow transgenders in the military even before the  administration’s appeals were denied!  Read the DOD’s underwear guidelines for new transgender recruits dated December 8th!

Action Steps

Go to the White House website and leave your comment  expressing your concern about the negative impact on our military readiness, unit cohesion and our national security.   You can use the White House contact form here or you can call the comment line at 202-456-1111.

Additional issues:

  • Anthony Kurta has been nominated by General Mattis to the office of Principal Deputy of the Under Secretary for Personnel & Readiness! Ask President Trump to withdraw the Kurta nomination.
  • Ask President Trump to tell General Mattis to remove Kurta from the “Panel of Experts” that will make recommendations on transgenders in the military. He must be replaced with someone who will produce an unbiased, fact-based report.
  • Encourage President Trump to direct the DOD and DOJ to take every step possible to protect his constitutional role as Commander-in-Chief.

Feel free to copy and paste any of the above concerns into your comments to President Trump.

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