Skip to comments.Trump asks for emergency stay on accepting transgender military recruits by Jan. 1
Posted on 12/07/2017 9:45:35 AM PST by jazusamo
The Trump administration is asking a federal judge to delay a requirement to begin accepting transgender recruits to the military on Jan. 1.
Specifically, Defendants request that the Court stay the portion of its preliminary injunction requiring Defendants to begin accessing transgender individuals into the military on January 1, 2018, pending a decision by the D.C. Circuit on Defendants appeal, the government wrote in a motion filed late Wednesday.
The administration and the plaintiffs have asked for a decision by noon Monday.
In October, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia blocked President Trumps ban on transgender troops while a lawsuit against it works its way through court. Last month, after a motion by the Trump administration, Kollar-Kotelly issued a follow-up ruling clarifying the earlier one that said the military must accept transgender recruits by Jan. 1, as it had planned to do prior to Trumps ban.
In July Trump tweeted that he would ban transgender people from serving in the military in any capacity.
He made good on the tweets in August, signing a presidential memo that prohibits the military from enlisting transgender people and from using funds to pay for gender transition-related surgery. The memo also gave Defense Secretary James Mattis six months to determine what to do with currently serving transgender troops.
The National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders sued in August on behalf of six unnamed service members and two recruits.
After Kollar-Kotellys rulings, the Pentagon said it was preparing to comply and accept transgender recruits by Jan. 1 even as the administration explores its legal options.
While reviewing legal options with the Department of Justice, the Department of Defense is taking steps to be prepared to initiate accessions of transgender applicants for military service on January 1, 2018, per recent court orders, Pentagon spokesman Army Maj. Dave Eastburn said in a statement to several news outlets this week.
But in Wednesdays motion, the administration argued that it will be seriously and irreparably harmed if forced to implement the policy by Jan. 1.
Given the complex and multidisciplinary nature of the medical standards that need to be issued and the tens of thousands of geographically dispersed individuals that need to be trained, the military will not be adequately prepared to begin processing transgender applicants for military service by January 1, 2018, and requiring the military to do so may negatively impact military readiness, the motion said.
The motion also argued that the plaintiffs will not be negatively affected by a delay because the two recruits in the suit will not be eligible to join the military until May 2020 and spring 2021.
In a sworn statement included in the motion, Lernes Hebert, acting deputy assistant secretary of Defense for military personnel policy, added that accepting transgender recruits by the new year would impose extraordinary burdens on the Pentagon by needing to prepare 20,367 recruiters, 2,785 employees across 65 Military Entrance Processing Stations, 32 service medical waiver authorities and personnel at nine boot camps.
Beyond the sheer number of components and personnel involved, the implementation of accessions criteria is itself a complex undertaking, he wrote.
In the case of the transgender accession standards, the standards themselves are complex, interdisciplinary standards necessitating evaluation across several systems of the body, to include behavioral and mental health (e.g. diagnosis of gender dysphoria or related comorbidities), surgical procedures (particularly thoracic and genital), and endocrinology (for the purposes of cross-sex hormone therapy). No other accession standard has been implemented that presents such a multifaceted review of an applicants medical history.
Brad Carson, a former Pentagon official who worked on the Obama administration's transgender military policy, refuted the Trump administration's arguments.
"The Pentagon had already done most of the preparation and training in anticipation of the lifting of the accession ban before the presidential transition, so to claim that the military is not ready to lift the ban now seems a stretch," he said in a statement released by the Palm Center.
If I were NOKO, or Russia OR China I would attack on Christmas eve......before Trump Presidency can correct the military issues....seems like a no brainer.
“After Kollar-Kotellys rulings, the Pentagon said it was preparing to comply and accept transgender recruits by Jan. 1 even as the administration explores its legal options.”
Excuse me, but who gives the orders here? I dont recall electing this judge to command the military.
You’re both spot on!
Common sense is why he’s President Trump. This is a no-brainer, and the kind of thing you can’t poll, because everyone wants to think they are tolerant and progressive socially. But it makes absolutely no sense, at a minimum, to enlist additional recruits whose main commitment in life is to be a different gender than what their chromosomes indicate. My guess is that the majority of thinking people found the “Don’t Ask, Don’t Tell” policy good enough, and it should have been kept that way.
Because they wouldn’t be fit for duty due to medical reasons, are they going to argue for that? Surgery, daily harmones, etc.
Exactly...Way too many in the federal judiciary think they’re running the executive branch.
Stay it now and forever.
Tucker Carlson had some tranny guy on his show last night - the guy (who pretends to be a Filipino woman) admitted it was “silly” and acted like a clown. That’s how they all should be treated. And called by their genetic pronouns, enough of this nonsense.
+1. This crap was kick-canned by Hussein. I see no Constitutional authority for any judge to make military decisions.
Trump, come on, man.
Trump is commander in chief, not the judge. We do not want people with mental illness carrying weapons.
“recruits whose main commitment in life is to be a different gender than what their chromosomes indicate.”
This preoccupation suggests extreme mental instability - the last thing that the military needs in tense situations. As usual, it is all about the trans crowd and their self absorption. What actually happens to the military because of their inclusion is not their focus.
Lets Wrap This FReepathon Up, Folks!
The federal courts should have no say as to military policy in such matters. With funding and End Troop Strengths designated by congress the POTUS, Sec of Defense, and the branch secretaries should have sole say in operational policies. That should include deciding who serves where even as related to ones gender and as well the authority to reject service of gender altered. Operational readiness responses have likely been greatly compromised because of social engineering. Any man who thinks or feels he is a woman and any woman who thinks she is a man has mental issues and does not belong in the military.
My youngest son wanted to join the CG last year after his graduation from high school.
I told him to hold off until after the election.
He applied this year right before this whole tranny in the military thing came out.
The recruiter contacted him, and my son told the recruiter good luck with trying to get any normal people to sign up.
How does a JUDGE have more authority than the Commander-in-Chief over military hiring processes? Or even ANY authority at all?
OK the president is not “stopping them from serving”
They can enlist in the military, but as the gender they were born with, and if they continue to live as the gender they were born with...
Why would a person who will be “disabled” from the get go, be able to enlist in the military ???
They cannot be used on the front lines, they cannot even be sent to a foreign country...
The “transgenders” have to stay stateside and near a city where there is a doctor and a hospital that specializes in loping off various parts and sewing on others...
The trannie goes into the military probably already on a hormone regime...that needs to be constantly monitored...so he cant be sent to the fr4ontlines...theres no trannie doctors in the deserts of Afghanistan...
Since the military hospitals and doctors are not specialized in trannie medicine, he must go to a private hospital and those would be in a city...so he must be stationed near a city...I imagine Los Angeles AFB and Fort Hamilton would soon be well stocked with military personnel on partial duty and very light duty...
Then theres the operation...he would be on convalescence/sick leave for weeks and months and then probably get out since hes disabled...probably medical retirement...
and then those very expensive female hormones will be free for the rest of his life...
Oh and then theres his “spouse” needing a tuck or 2 also...CHAMPUS pays 80% for off base medical treatment for military spouses (OB/GYN etc)...but if the “spouse” is in the military that tab would be paid by the taxpayer also...
SOOO if he wants to go into the military sans the gender rearrangements, don’t ask don’t tell ...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.