Images (13)
- Part of Records of the Office of the Chief of Staff (Clinton Administration), Harold Ickes, Jr.'s Files
Extracted text
OCR Page 1 of 13El bfrom, P may
- runs
THE WHITE HOUSE
WASHINGTON
March 28, 1996
MEMORANDUM FOR HAROLD ICKES
FROM:
KATHLEEN WALLMAN
kw
SUBJECT:
ANDY EFFRON NOMINATION
Attached is information that you requested about Andy Effron and the likelihood that
he would be called upon to hear or rule upon a "Don't Ask, Don't Tell" case. The bottom
line is that the court to which he is proposed to be nominated does not hear the kind of
administrative separation or discharge case in which the "Don't Ask, Don't Tell" policy is
usually interpreted and enforced.
In the interest of full information, however, you should know that it is not out of the
question that "Don't Ask, Don't Tell" issues could come up in the context of the criminal
appeals that do come before the court to which Mr. Effron is proposed to be nominated.
These instances are extremely rare, however, and would only arise where the allegations is
involved aggravated circumstances (most likely, the use of force). For example, if a
servicemember were charged with sexual assault on a person of the same sex, and the
criminal investigation into those charges produced statements or other credible evidence of
prohibited conduct, an appeal resulting from a conviction in that case could squarely raise
"Don't Ask, Don't Tell" issues.
These talking points were authored by Marvin Krislov, who is moving on to become
Deputy Solicitor of Labor next week. Steve Neuwirth will be succeeding him in his
responsibility for issues affecting the gay community, including this one. Steve is up to
speed on these talking points, and you should feel free to contact him with any follow up
questions.
Attachment
cc:
Jack Quinn
Marvin Krislov
Steve Neuwirth