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122242164
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[01/29/1998 – 02/19/1998]
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122242164
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[01/29/1998 – 02/19/1998]
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Tape Restoration Project (TRP) Emails
Tape Restoration Project (TRP) Email from the Default Bucket
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42-t-26444833-20150017F-Seg2-037-005-2017
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. email
Ringleader to Eugenie Bisculco at 12:46:00.00. Subject: Re: ardent
02/04/1998
Personal Misfile
embassies program. (5 pages)
COLLECTION:
Clinton Presidential Records
Tape Restoration Project [Email]
Default ([Don't Ask, Don't Tell])
OA/Box Number: 1100000
FOLDER TITLE:
[01/29/1998 - 02/19/1998]
2015-0017-F
ab1581
RESTRICTION CODES
Presidential Records Act - |44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information |(a)(1) of the PRA
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA]
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRA|
an agency [(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRA)
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors |a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy |(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRAJ
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions |(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells [(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: LAGomez ([email protected]@INET@LNGTWY [ UNKNOWN ])
CREATION DATE/TIME:29-JAN-1998 14:56:00.00
SUBJECT: fwd: McVeigh Wins Permanent Injunction
TO: Daniel C. Montoya ( Daniel C. Montoya@eop [ UNKNOWN] 1)
READ:UNKNOWN
TEXT:
Original Text
From: <[email protected]>, on 1/29/98 2:31 PM:
To:
PRESS RELEASE
CONTACT: Kevin
Winston
January 29, 1998
(202) 667-0901
Rich Klein
(212) 969-3061
JUDGE GRANTS PERMANENT INJUNCTION
PREVENTING DISCHARGE OF CHIEF OF BOAT
Ruling Marks First Time Court Rules That Navy Violated Limits on
Investigations
Under ?Don?t Ask, Don?t Tell, Don?t Pursue?
WASHINGTON, DC - Later today, District Judge Stanley Sporkin of the U.S.
District Court for the District of Columbia will issue a permanent
injunction
preventing the discharge of Senior Chief Petty Officer Timothy R. McVeigh.
The Navy reserves the right to appeal the injunction to the D.C. Circuit
Court
of Appeals.
C. Dixon Osburn, Co-Executive Director of Servicemembers Legal Defense
Network, stated, ?This is a huge victory for McVeigh. What Judge Sporkin?s
ruling means is that after reviewing the merits of the case, he has
determined
that the Navy violated the Electronic Communications Privacy Act as well as
the limits on investigations under ?Don?t Ask, Don?t Tell, Don?t Pursue.?
This is the first time that a federal court judge has said that the Navy
has
failed to follow its own rules and regulations under ?Don?t Ask, Don?t
Tell,
Don?t Pursue.??
McVeigh, who was recommended for discharge because he allegedly used the
word
?gay? to describe his marital status on an America Online user profile,
filed
a lawsuit last week against the government. His suit claims that the Navy
unlawfully obtained information about him from America Online without a
warrant or court order as required by the 1986 Electronic Communications
Privacy Act (ECPA), and breached the limits on investigations under the
Pentagon?s ?Don?t Ask, Don?t Tell, Don?t Pursue? policy.
In a ruling granting the preliminary injunction on Monday, January 26,
1998,
Judge Sporkin, a Reagan appointee, stated, ?The Navy violated the very
essence
of ?Don?t Ask, Don?t Pursue? by launching a search and destroy mission.?
Judge
Sporkin further stated in his ruling, ?Suggestions of sexual orientation in
a
private, anonymous email account did not give the Navy a sufficient reason
to
investigate to determine whether to commence discharge proceedings. In its
actions, the Navy violated its own regulations.?
With respect to the merits of McVeigh?s claim that the military solicited a
violation of the Electronic Communications Privacy Act by AOL, Judge
Sporkin
warned that in the era of ?big brother? it is incumbent on the federal
government to observe all the limits and safeguards to an individual?s
privacy
guaranteed by federal law.
The case, which has caught the attention of the online industry, watchdog,
and
civil rights groups, is the latest in a long line of controversies
surrounding
the military?s policy on gays.
?In granting this permanent injunction, the Court is sending a strong and
clear message that military commanders cannot go snooping for evidence that
troops are gay,? stated Osburn. ?There are limits. And those limits must
be
followed.?
McVeigh?s case was strengthened last week when America Online, after
admitting
that it released McVeigh?s identity to a Naval paralegal, blasted the
military
for flouting Federal law by ignoring proper legal procedures to obtain such
information.
Additionally, the author of the ?Don?t Ask, Don?t Tell, Don?t Pursue?
policy,
professor Charles Moskos of Northwestern University, after reviewing the
facts
of the case, criticized the military in a declaration filed in federal
court.
?It is my opinion that the Navy violated the ?Don?t Ask, Don?t Tell? policy
in
the Mc Veigh 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.?
SLDN is a 501(c)(3) organization. All contributions are tax-deductible to
the
extent allowed by law. If you would like to support the work of SLDN in
other
ways, please visit our web site at
http://www.sldn.org/scripts/sldn.ixe?page=helpsldn.
ATTACHMENT 1
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: marklacy ([email protected]@INET@LNGTWY. [ UNKNOWN] )
CREATION DATE/TIME:29-JAN-1998 19:05:00.00
SUBJECT: Re: fwd: McVeigh Wins Permanent Injunction
TO: Daniel C. Montoya ( Daniel C. Montoya@EOP [ UNKNOWN ])
READ:UNKNOWN
TEXT:
daniel:
thanks for the news on mcveigh and the presidents state of the union
which i missed because i was on my way home from the ranch. keep me on
the list-sure do hope we see you one of these days,
mll
p.s. when is your birthday ??????
[email protected] wrote
>
> Message Creation Date was at 29-JAN-1998 17:39:00
V
> FYI -
>
> dcm
V
Forwarded by Daniel C. Montoya/OPD/EOP on
01/29/98 05:36
> PM
>
>
LAGomez @ efaches.navfac.navy.mil
>
01/29/98 02:56:00 PM
> Record Type: Record
>
> To: Daniel C. Montoya
> cc:
> Subject: fwd: McVeigh Wins Permanent Injunction
>
>
> Original Text
> From: <[email protected]>, on 1/29/98 2:31 PM:
> To:
>
> PRESS RELEASE
CONTACT: Kevin
Winston
> January 29, 1998
(202)
> 667-0901
V
Rich
> Klein
>
(212)
> 969-3061
>
> JUDGE GRANTS PERMANENT INJUNCTION
> PREVENTING DISCHARGE OF CHIEF OF BOAT
>
> Ruling Marks First Time Court Rules That Navy Violated Limits on
> Investigations
> Under &Don ,t Ask, Don ,t Tell, Don ,t Pursue 8
>
> WASHINGTON, DC - Later today, District Judge Stanley Sporkin of the U.S.
> District Court for the District of Columbia will issue a permanent
> injunction
> preventing the discharge of Senior Chief Petty Officer Timothy R.
McVeigh.
> The Navy reserves the right to appeal the injunction to the D.C. Circuit
> Court
> of Appeals.
>
> C. Dixon Osburn, Co-Executive Director of Servicemembers Legal Defense
> Network, stated, &This is a huge victory for McVeigh. What Judge
Sporkin ,S
> ruling means is that after reviewing the merits of the case, he has
> determined
> that the Navy violated the Electronic Communications Privacy Act as well
as
> the limits on investigations under +Don ,t Ask, Don ,t Tell, Don ,t Pursue.
,
> This is the first time that a federal court judge has said that the Navy
> has
> failed to follow its own rules and regulations under +Don ,t Ask, Don ,t
Tell,
> Don ,t Pursue. , 8
>
> McVeigh, who was recommended for discharge because he allegedly used the
> word
> &gay 8 to describe his marital status on an America Online user profile,
> filed
> a lawsuit last week against the government. His suit claims that the
Navy
> unlawfully obtained information about him from America Online without a
> warrant or court order as required by the 1986 Electronic Communications
> Privacy Act (ECPA), and breached the limits on investigations under the
> Pentagon ,S &Don ,t Ask, Don ,t Tell, Don ,t Pursue 8 policy.
>
> In a ruling granting the preliminary injunction on Monday, January 26,
1998,
> Judge Sporkin, a Reagan appointee, stated, &The Navy violated the very
> essence
> of +Don ,t Ask, Don ,t Pursue , by launching a search and destroy mission. 8
> Judge
> Sporkin further stated in his ruling, &Suggestions of sexual orientation
in
> a
> private, anonymous email account did not give the Navy a sufficient
reason
> to
> investigate to determine whether to commence discharge proceedings. In
its
> actions, the Navy violated its own regulations. 8
>
> With respect to the merits of McVeigh ,S claim that the military
solicited a
> violation of the Electronic Communications Privacy Act by AOL, Judge
> Sporkin
> warned that in the era of &big brother 8 it is incumbent on the federal
> government to observe all the limits and safeguards to an individual ,S
> privacy
> guaranteed by federal law.
>
> The case, which has caught the attention of the online industry,
watchdog,
> and
> civil rights groups, is the latest in a long line of controversies
> surrounding
> the military ,S policy on gays.
>
>
&In granting this permanent injunction, the Court is sending a strong and
> clear message that military commanders cannot go snooping for evidence
that
> troops are gay, 8 stated Osburn. &There are limits. And those limits
must
> be
> followed. 8
>
> McVeigh ,S case was strengthened last week when America Online, after
> admitting
> that it released Mc Veigh ,S identity to a Naval paralegal, blasted the
> military
> for flouting Federal law by ignoring proper legal procedures to obtain
such
> information.
>
> Additionally, the author of the &Don ,t Ask, Don ,t Tell, Don ,t Pursue 8
> policy,
> professor Charles Moskos of Northwestern University, after reviewing the
> facts
> of the case, criticized the military in a declaration filed in federal
> court.
> < is my opinion that the Navy violated the &Don ,t Ask, Don ,t Tell 8
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. 8
>
> SLDN is a 501(c)(3) organization. All contributions are tax-deductible
to
> the
> extent allowed by law. If you would like to support the work of SLDN in
> other
> ways, please visit our web site at
>
http://www.sldn.org/scripts/sldn.ixe?page=helpsldn.
>
>
> The following attachments were included with this message:
>
> TYPE : FILE
> NAME : 012915CH.TXT
>
>
>
>
> Subject: 012915CH
>
> RFC-822-headers:
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#6879)
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> 29 Jan 1998 14:58:27 -0500 (EST)
> Received: from storm.eop.gov (storm.eop.gov)
> by PMDF.EOP.GOV (PMDF V5.0-4 #6879) id
<[email protected]>
for
> [email protected]; Thu, 29 Jan 1998 14:58:22 -0500 (EST)
> Received: from ches02.efaches.navfac.navy.mil ([138.145.175.3])
> by STORM.EOP.GOV (PMDF V5.1-7 #6879)
> with SMTP id <[email protected]>1 for
[email protected];
> Thu, 29 Jan 1998 14:57:41 -0500 (EST)
> Received: by ches02.efaches.navfac.navy.mil with VINES-ISMTP; Thu,
> 29 Jan 1998 14:57:25 -0500 (EST)
> X-Incognito-SN: 410
> From: [email protected], "Letitia A Gomez"@STORM.eop.gov
> Errors-to: [email protected]
> X-Priority: 3 (Normal)
> X-Incognito-Version: 4.11.23
ATTACHMENT 1
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: Jeff.Trandahl ([email protected]@INET@LNGTWY [ UNKNOWN ])
CREATION DATE/TIME:30-JAN-1998 08:41:00.00
SUBJECT: Re: McVeigh Wins Permanent Injunction
TO: Daniel C. Montoya ( Daniel C. Montoya@EOP [ UNKNOWN ])
READ:UNKNOWN
TEXT:
Thanks for the message......lts a WINNER!
Lunch still on for Today?
>
> From:
>
[email protected][SMTP:[email protected]]
> Sent:
Thursday, January 29, 1998 5:39 PM
> To: [email protected]; [email protected];
> [email protected]; [email protected];
> [email protected]; [email protected]; [email protected];
> [email protected]; [email protected]; [email protected];
> [email protected]; [email protected]; [email protected];
> [email protected]; [email protected]; Trandahl, Jeff;
> [email protected]; [email protected]; [email protected]
>
Subject: fwd: McVeigh Wins Permanent Injunction
>
> <<Message: 012915CH>>
> Message Creation Date was at 29-JAN-1998 17:39:00
>
> FYI -
>
> dcm
>
Forwarded by Daniel C. Montoya/OPD/EOP on
> 01/29/98 05:36
> PM
>
>
>
>
LAGomez @ efaches.navfac.navy.mil
>
01/29/98 02:56:00 PM
> Record Type: Record
>
> To: Daniel C. Montoya
> cc:
> Subject: fwd: McVeigh Wins Permanent Injunction
>
>
> Original Text
> From: <[email protected]>, on 1/29/98 2:31 PM:
> To:
V
> PRESS RELEASE
CONTACT: Kevin
> Winston
> January 29, 1998
> (202)
> 667-0901
>
> Rich
> Klein
>
> (212)
> 969-3061
>
>
> JUDGE GRANTS PERMANENT INJUNCTION
> PREVENTING DISCHARGE OF CHIEF OF BOAT
>
> Ruling Marks First Time Court Rules That Navy Violated Limits on
> Investigations
> Under ?Don?t Ask, Don?t Tell, Don?t Pursue?
>
> WASHINGTON, DC - Later today, District Judge Stanley Sporkin of the
> U.S.
> District Court for the District of Columbia will issue a permanent
> injunction
> preventing the discharge of Senior Chief Petty Officer Timothy R.
> McVeigh.
> The Navy reserves the right to appeal the injunction to the D.C.
> Circuit
> Court
> of Appeals.
V
> C. Dixon Osburn, Co-Executive Director of Servicemembers Legal Defense
> Network, stated, ?This is a huge victory for McVeigh. What Judge
> Sporkin?s
> ruling means is that after reviewing the merits of the case, he has
> determined
> that the Navy violated the Electronic Communications Privacy Act as
> well as
> the limits on investigations under ?Don?t Ask, Don?t Tell, Don?t
> Pursue.?
> This is the first time that a federal court judge has said that the
> Navy
> has
> failed to follow its own rules and regulations under ?Don?t Ask, Don?t
> Tell,
> Don?t Pursue.??
>
> McVeigh, who was recommended for discharge because he allegedly used
> the
> word
> ?gay? to describe his marital status on an America Online user
> profile,
> filed
> a lawsuit last week against the government. His suit claims that the
> Navy
> unlawfully obtained information about him from America Online without
> a
> warrant or court order as required by the 1986 Electronic
> Communications
> Privacy Act (ECPA), and breached the limits on investigations under
> the
> Pentagon?s ?Don?t Ask, Don?t Tell, Don?t Pursue? policy.
>
> In a ruling granting the preliminary injunction on Monday, January 26,
> 1998,
> Judge Sporkin, a Reagan appointee, stated, ?The Navy violated the very
> essence
> of ?Don?t Ask, Don?t Pursue? by launching a search and destroy
> mission.?
> Judge
> Sporkin further stated in his ruling, ?Suggestions of sexual
> orientation in
> a
> private, anonymous email account did not give the Navy a sufficient
> reason
> to
> investigate to determine whether to commence discharge proceedings.
> In its
> actions, the Navy violated its own regulations.?
>
> With respect to the merits of McVeigh?s claim that the military
> solicited a
> violation of the Electronic Communications Privacy Act by AOL, Judge
> Sporkin
> warned that in the era of ?big brother? it is incumbent on the federal
> government to observe all the limits and safeguards to an individual?s
> privacy
> guaranteed by federal law.
>
> The case, which has caught the attention of the online industry,
> watchdog,
> and
> civil rights groups, is the latest in a long line of controversies
> surrounding
> the military?s policy on gays.
>
> ?In granting this permanent injunction, the Court is sending a strong
> and
> clear message that military commanders cannot go snooping for evidence
> that
> troops are gay,? stated Osburn. ?There are limits. And those limits
> must
> be
> followed.?
>
> McVeigh?s case was strengthened last week when America Online, after
> admitting
> that it released McVeigh?s identity to a Naval paralegal, blasted the
> military
> for flouting Federal law by ignoring proper legal procedures to obtain
> such
> information.
>
> Additionally, the author of the ?Don?t Ask, Don?t Tell, Don?t Pursue?
> policy,
> professor Charles Moskos of Northwestern University, after reviewing
> the
> facts
> of the case, criticized the military in a declaration filed in federal
> court.
> ?It is my opinion that 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.?
>
>
> SLDN is a 501(c)(3) organization. All contributions are
> tax-deductible to
> the
> extent allowed by law. If you would like to support the work of SLDN
> in
> other
> ways, please visit our web site at
> http://www.sldn.org/scripts/sldn.ixe?page=helpsldn.
>
>
>
>
> The following attachments were included with this message:
>
> TYPE : FILE
> NAME : 012915CH.TXT
>
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: EricBauman ( [email protected]@INET@LNGTWY [ UNKNOWN 1)
CREATION DATE/TIME:30-JAN-1998 15:23:00.00
SUBJECT: CNN Impact - Program Focuses on Don't Ask, Don't Tell policy
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN
READ:UNKNOWN
TEXT:
CNN has forwarded this press release to Stonewall Democratic Club and asked
that we distribute it to all of our members.
CABLE NEWS NETWORK - IMPACT - FOR IMMEDIATE RELEASE
January 29, 1998 Rick Perera CNN Impact (404) 827-2755
ATLANTA - With the recent case of a Navy seaman facing discharge over his
America Online profile, the military's "Don't Ask, Don't Tell" policy on
homosexuality is once again in the spotlight. But there's a twist to the
story that has rarely been told. The policy on gays serves as a ready
weapon
against military women. Those who reject the advances of a male superior
run
the risk of being investigated as lesbians.
"Impact," CNN's weekly news magazine, takes on the subject this Sunday,
February 1. Correspondent Art Harris talks with women affected by the
policy, and reveals internal military documents that show the Pentagon has
long been aware of the threat.
"Time and time again," said Michelle Benecke of Servicemembers Legal
Defense
Network, "when women report sexual abuse, they find that their commands
respond, not by investigating the complaint of sexual abuse, but by
investigating them, and their private lives."
Ask former Navy seaman Amy Barnes, who was brought up on charges of
lesbianism
- two weeks after rebuffing a male superior at an on-shore bar. Unlike
others
in her position, she fought back with a lawsuit. But it was too late to
save
her career.
Ask retired Air Force Captain Barbara Wilson, who served from 1949 to 1971.
"When women first went in service," she said, "the adage was that only
queers
or prostitutes went in service. And I think that has just carried down
from
generation to generation."
Correspondent Art Harris, himself a former Navy lieutenant, j.g., offers an
unflinching portrayal of sex and power in the U.S. military.
"Impact," hosted by Bernard Shaw and Stephen Frazier, is broadcast each
Sunday
at 10:00 p.m. Eastern time and again at 10:00 p.m. Pacific time, on CNN.
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: rwockner ([email protected]@INET@LNGTWY [ UNKNOWN 1)
CREATION DATE/TIME:30-JAN-1998 17:01:00.00
SUBJECT: NC5938: NTY: McVeigh may get early retirement
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN ])
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN D
READ:UNKNOWN
TEXT:
* Reprint rights for this copyrighted news article must be obtained
*
*
--->
by you
from the originating news organization.
*
NEW YORK TIMES, January 30, 1998
229 W. 43rd Street, New York,NY, 10036
(Fax 212-556-3622)(E-MAIL: [email protected])(http://www.nytimes.com)
Sailor Suspected of Homosexuality May Win Early Retirement
By PHILIP SHENON
WASHINGTON -- The Navy is considering dropping its efforts to dismiss a
highly decorated sailor accused of homosexuality after a federal judge
issued a permanent injunction Thursday barring his ouster, Defense
Department officials said.
The Navy said it would appeal the injunction issued by U.S. District
Judge Stanley Sporkin in Washington, who accused the Navy earlier this
week of conducting a "search and destroy" mission against the 36-year-old
sailor after he posted a message on a computer online service that
described himself as gay.
But Defense Department officials, speaking on condition that they not be
identified, said the appeal might be unnecessary under a settlement
proposed Thursday by the sailor's lawyers that would allow him to retire
with full benefits.
A settlement would bring to an end an embarrassing case in which Navy
investigators have been accused of violating both federal privacy laws and
the military's "don't ask, don't tell" policy by seeking information on
the sailor's sexual orientation through his online computer service. The
five- year-old military policy is intended to allow gay members of the
services to remain in the military as long as they are discreet about
their private lives.
A lawyer for the sailor, Senior Chief Petty Officer Timothy R. McVeigh
of Honolulu, said that McVeigh might be willing to consider retirement as
long as the 17-year Navy veteran was guaranteed a full pension and other
retirement benefits, which are usually granted only after 20 years in the
service.
Pentagon officials said that they were willing to consider such a deal,
especially given the judge's harsh criticism of the Navy's tactics in its
investigation of McVeigh, who had been the senior enlisted sailor aboard a
nuclear-powered submarine. He is no relation to the man convicted of the
Oklahoma City bombing.
"I think many of us would like to see this case go away," a senior
Defense Department official said.
On Thursday Sporkin made permanent a preliminary injunction requiring
the Navy to reinstate McVeigh. In issuing the preliminary injunction,
Sporkin said the Navy had "gone too far."
The case dates to September, when McVeigh sent an e-mail message to the
wife of a fellow crewman aboard the submarine, the USS Chicago, which has
its home port in Honolulu.
The message bore the return address of "Boysrch," which presumably meant
"boy search." The woman consulted the customer profile for "Boysrch" on
American Online, the online service, which identified the customer as
"Tim" of "Honolulu, Hawaii," whose hobbies included "boy watching." The
woman forwarded the information to McVeigh's commanders, who sought his
dismissal.
Sporkin ruled that the anonymous posting on America Online did not
constitute a public declaration of homosexuality by McVeigh, and that the
Navy therefore, under the "don't ask, don't tell" policy, had no right to
open an investigation of his sexual orientation.
The judge said he thought that the Navy had probably violated a 1986
federal privacy law when an investigator contacted America Online and
asked for the full name for "Tim."
During a court hearing Thursday, McVeigh's Washington lawyer,
Christopher Wolf, told the judge that the Navy had given McVeigh demeaning
assignments in the days since the case first came to light.
"The Navy has got Mr. McVeigh supervising people moving trash out of a
room that's being renovated," Wolf said in a later interview, adding that
McVeigh's Navy colleagues had become openly hostile to the sailor.
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: Doug.Case ([email protected]@INET@LNGTWY [ UNKNOWN ])
CREATION DATE/TIME:30-JAN-1998 13:42:00.00
SUBJECT: Navy To Appeal Judge's Ruling
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN 1)
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN
READ:UNKNOWN
TEXT:
ASSOCIATED PRESS
January 30, 1998
Navy To Appeal Judge's Ruling
By JOHN DIAMOND
Associated Press Writer
WASHINGTON (AP)--The Navy says it will appeal the first federal court
finding that a military service branch wrongly enforced the Pentagon's
"don't ask, don't tell" policy on gays in the military.
As government lawyers prepared a response to U.S. District Judge Stanley
Sporkin's ruling, Navy officials in Hawaii are responding to new charges
that the sailor involved faces retribution from his commanders and
colleagues.
The lawyer representing Senior Chief Petty Officer Timothy R. McVeigh told
Sporkin in a hearing Thursday that McVeigh has been given demeaning jobs
such as supervising trash removal--work far below his skill level as the
senior enlistee aboard a nuclear attack submarine.
In addition, attorney Christopher Wolf said, McVeigh fears for his safety
based on the hostile reaction he has received since returning to his base
at Pearl Harbor, Hawaii.
McVeigh faced dismissal from the Navy after 17 years as a highly decorated
enlistee. Navy investigators used information obtained from America Online
Inc. to link McVeigh to an anonymous on-line `profile page" that
contained language suggesting a sexual interest in young men.
McVeigh, 36, said he was ``very pleased" by the ruling. After the
decision, he had "a highly stressful meeting" with his superiors, he
said.
McVeigh would only say his superiors told him there would be job options
from which he could choose. McVeigh said he has not been offered early
retirement, but would consider it if it were offered.
McVeigh was the senior enlisted man aboard the USS Chicago, a
nuclear-powered attack submarine based at Pearl Harbor, Hawaii. He is three
years short of qualification for retirement at full pension.
Cmdr. Kevin Wensing of the U.S. Pacific Fleet disputed Wolf's allegations
of hostility toward McVeigh, saying, "We haven't seen any evidence of
those allegations regarding his reception."
Wensing, speaking from Honolulu, said McVeigh's job will be coordinating
library technical publications. Regarding Wolf's allegations that McVeigh
was overseeing trash removal, Wensing said the sailor was supervising an
office renovation.
Sporkin's decision made permanent a preliminary injunction he had issued
Monday, effectively barring the Navy from ousting the 17-year Navy veteran
for alleged homosexuality. In his written opinion issued Monday, Sporkin
found that ``the Navy has gone too far" in investigating McVeigh.
Sporkin found that because McVeigh's AOL profile page was anonymous, the
sexually suggestive statements did not constitute a public declaration of
homosexuality. Because McVeigh had not "told" of his sexual preference,
the Navy had no right to ``ask" about it.
The decision marks the first time since 1993, when the don't-ask,
don't-tell policy was enacted, that a military service branch has been
found in court to have violated the policy. Previous cases have challenged
the policy's constitutionality.
McVeigh, no relation to the convicted Oklahoma City bomber, focused on
whether the policy was being correctly enforced--and won.
This case is likely to reverberate far beyond the military because Sporkin
also ruled that the Navy violated the 1986 Electronic Communications
Privacy Act by obtaining confidential information from AOL without a
warrant or court order. The Navy used the information to link McVeigh to an
anonymous ``profile page" posted on AOL in which a "Tim" from Honolulu
expressed a sexual interest in young men.
The 1986 law was intended to protect people from government intrusion into
the growing base of personal information available on computer networks.
A Navy official, who spoke on condition of anonymity, said the Navy decided
there was no need for further argument in Sporkin's court but is planning
an appeal.
"The Navy feels that the actions we took were within the letter of the law
and of the Department of Defense policy," the Navy official said.
This message has been forwarded as a free informational service. Please do
not publish, or post in a public place on the Internet, copyrighted
material without permission and attribution. (Note: Press releases are
fine to reprint. Don't reprint wire stories, such as Associated Press
stories, in their entirety unless you subscribe to that wire service.)
Forwarding of this material should not necessarily be construed as an
endorsement of the content. In fact, sometimes messages from anti-gay
organizations are forwarded as "opposition research."
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: awebber ([email protected]@INET@LNGTWY UNKNOWN ])
CREATION DATE/TIME:30-JAN-1998 23:16:00.00
SUBJECT: How Democrats Can Win in the South
TO: James M. Teague (James M. Teague@EOP [ UNKNOWN 1)
READ:UNKNOWN
TEXT:
The following is from the latest issue of Campaigns and Elections. I
believe all YDs should read and learn from it. It's good stuff.
Dana
"How To Win Tough Elections in the South: 10 Strategies"
by David Heller & Bob Doyle
How close did the Democrats come to retaking the House of
Representatives in '96? No less than 10 Republicans won with less than 50
percent of the vote. And a handful more won by fewer than 4,000 votes
(Republicans only hold an 11 seat majority).
But as close as those races were, we believe one of the main
reasons Dick Gephardt is not Speaker today is because our party squandered
opportunities in the Deep South. Look inside the numbers. At the same
time that Democrats were defeating Republican incumbents and winning hotly
contested open seats across New England, the Rust Belt, and the West Coast,
we were losing Democratic-held open seats across the South. Alabama,
Mississippi, Oklahoma, Louisiana and Texas all saw retiring Democrats
replaced by very conservative Republican freshmen.
And, at the same time we were surrendering these open seats - many,
like Alabama 3 and 4, in districts that had not elected a Republican
anytime this century - we were squandering opportunities to defeat
vulnerable GOP incumbents such as Congs. Saxby Chambliss (GA-8), Charlie
Norwood (GA-10) and Tom Coburn (OK-2). In fact, while GOP freshmen and
sophomores in the North were losing their seats, every southern Republican
incumbent outside of North Carolina was winning re-election. Democrats
even lost an incumbent in Kentucky's third district (Mike Ward).
So what can we as Democrats do to stop the hemorrhaging, and win
back these key southern seats? - a question that becomes all the more
important with redistricting only three years away and more seats certain
to move from northeastern states like Connecticut, New York, and
Pennsylvania ot southern states like Georgia, Florida, North Carolina, and
Texas.
We believe the answers can be found in the lessons of two open seat
winners we worked with in '96 and they did it in GOP-target districts.
They provide real clues for Democrats running in '98.
1. Make it Personal
Personal qualities and characteristics of the candidate are vitally
important. Honesty, integrity, fairness, community involvement and a
commitment to keeping one's promises are all qualities in which southern
voters place termendous stock; they should be stressed in campaign's
literature and early media. McIntyre, for instance, connected with voters
more for his background as a Sunday School teacher, volunteer public school
teacher, and Little League coach than for any single issue position.
2. Start Positive - And Stay There as Long as Possible
Too many media consultants are too quick to move into a
comparative, or, worse, a negative phase of campaigning. Don't rush it.
Folks in the South want to feel like they know the candidates as people;
that means introducing the family - their spouces, their children, even
their parents. It also means talking about things southern voters care
about -work, church, school, and family. And it means candidates talking
about themselves and what they would do with the job they're seeking long
before mentioning an opponent.
Both McIntyre and Boyd ran six positive ads before mentioning their
GOP opponents. Those positive ads proved tremendously valuable in
inoculating against the inevitable Republican attacks at the end of the
campaign. They also gave our candidates more credibility, so that when it
came time to launch an attack, our charges were more believable.
3. Emphasize Shared Values
At the Campaigns & Elections national training conference last
year, a prominent Democratic media consultant declared in front of a full
audience that "bio spots don't work anymore."
Actually, bad bio spots don't work anymore. A good bio spot
focuses not on the candidate's resume per se, but instead stresses values
and introduces the candidate in a way that makes him or her seem less like
a politician and more like a neighbor.
Boyd's first ad talked about how he'd "get up at five in the
morning to go out and work on the farm." Mike McIntyre spoke about
"teaching our children respect and responsibility." Boters connected with
the values of both.
4. Keep the Race Local - And Leave Newt Alone
For years, Republican consultants would try to nationalize
congressional races, especially in the South, while we Democrats repeatedly
won by keeping the focus local.
Somehow, too many Democrats have become too eager to wrap
themselves in the national mantle - witness the number of spots attacking
Newt Gingrich (even in Alabama) in '96 - and embrace a nationalized
message. Both McIntyre and Boyd were quick to distance themselves from
the
national party and asset their independence where appropriate (tobacco,
gays in the military, prayer in school, support for gun owners, etc.) And
neither candidate talked much about Newt Gingrich.
5. Avoid Bitter Primaries
Open seats generally bring with them contested Democratic
primaries, and despite the best efforts of party leaders they are usually
hotly contested. Obviously, if it is possible to avoid a primary challenge
altogether, your hand is strengthened. But in the event that you do face a
serious primary or runoff opponent, try at all cost to stay positive. That
does not mean you should ignore attacks or jeopardize victory, it simply
means that you should make every effort to win without attacking.
Primary wounds are often slow to heal, and Democrat-on-Democrat
attacks frequently resurface in the general election.
Both McIntyre and Boyd won their nominations after tough primary
and runoff battles, but both stayed positive throughout the intraparty
contest and - because of that - were quickly able to unite the party and
avoid limping into November with high negatives.
6. Raise Republican Money First
Every fundraiser advises candidates to raise money early.
Obviously, that's important; Boyd, in particular, used early fundraising
efforts to keep potential opponents out of the race. But what both Boyd
and McIntyre did most effectively was to raise money from traditionally
Republican sources - such as the Realtors, Home Builders, Life Underwriters
and Bell South - and hit up their Democratic base later.
They may not have gotten as much union money as other candidates,
but they more than compensated with business money.
This strategy had the added advantage of choking off opposition
fundraising as well, because every dolar they got from the Realtors was
both an extra dollar for them and one less dollar for their opponent.
Both Boyd and McInyre did so well raising money among corporate and
business PACs that they were highlighted in Businessweek magazine.
7. Mute Partisanship
In small cities and towns across the South, people from all walks
of life commonly help each other out. They don't ask whether someone is a
Democrat or Republican; they see such partisanship as part of the problem
in Washington.
Both McIntyre and Boyd understood instinctively that politics has
an inherently divisive language, so they talked less about politics and
partisanship and more about what the community could do to improve our
quality of life. And they spoke in plain, everyday language without
getting dragged into the mire of politicalspeak and process disputes.
8. Reach Out to the Christian Right
Those in our party who are quick to denounce in public forums the
"Christian Right" do a disservice to our southern candidates. Many
evangelical and fundamentalist voters are still selfidentifying Democrats
(or Independents), and could be persuaded to vote Democratic if the
candidate is sufficiently conservative.
In both the McIntyre and Boyd races, pollster Alan Secrest detected
in the data a relatively large proportion of undecided or persuadable
voters among evangelicals and fundamentalists, and at his suggestion both
candidates used their conservatism and their faith to appeal to this key
voting bloc.
In McIntyre's race, for instance, we bought radio ads on four
Christian stations accross the district, and employed biblical references
in our TV ads. We may not have won the Christian Right vote, but we made
real inroads and held down our opponent's margin.
9. Take Money Off the Table
Republicans know how to run one kind of campaign - "Candidate X is
a tax and spend liberal." Southern Democrats can deflect this attack by
stressing their fiscal conservatism and even turn the issue around to make
the Republican appear the more extreme.
There seems to be a belief that it is somehow "not Democratic" to
support a balanced budget amendment, spending cuts or tax reductions. This
is nonsense. Southern Democrats can earn big points with voters by showing
them that they believe the issue is not whether we balance the budget, but
how.
McIntyre and Boyd, for example, campaigned for a balanced budget
amendment and welfare reform that would cut wasteful spending. They
further advocated using that savings to increase investments in shools and
health care - and honor our commitments to our veterans and seniors. They
even used that pledge to cement the allegiances of the more progressive
voters in the district, particularly younger women, without alienating
voters on the right.
10. Use Humor
Everybody says it, but no one really does it. Humor works,
especially when tied to a negative or comparative attack.
Southern voters, more so than most, have grown weary of negative
ads and are more inclined to believe that what Peter says about Paul tell
you as much about Peter as it does about Paul.
Hard negative ads with grainy photos, damning newspaper headlines
and eerie background music often turn voters off (and, in a primary,
potentially depress turnout). Humor, in contrast, is an effective way to
make the case against an opponent without it backfiring.
In Boyd's race, for example, we produced a response ad featuring
our candidate's 85-year old mother washing dishes in the family kitchen
telling voters that if Boyd's opponent were her son, she "just might wash
his mouth out with soap." Voters laughed, and after 1,000 gross rating
points of TV time featuring Republican negatives, Boyd went up six points
in our tracking polls.
The bottom line is simple: Democratic candidates (and their
consultants) still can win in the Deep South - they just have to work
harder. That means employing a positive, values-laden message that appeals
to more conservative, traditional, religious, and family-oriented voters.
It also means espousing - even embracing - some views that are at odds with
the national party platform. It does not, however, mandate a total retreat
from core Democratic principles.
Indeed, the real challenge is to take those core principles
-support for working families, concern for seniors, protecting children,
etc. - and frame them in the context of Southern values and Southern
lifestyle.
By championing the district's values and the region's lifestyle,
and in the process adhering to our ten basic rules, Southern Democrats
stand a good chance of retaining or winning back traditionally Democratic
districts trending Republican.
Of course, if a candidate does not want to follow our ten-step
process, they do have an alternative: move to Massachusetts.
Bob Doyle is president of Sutter's Mill Fund Raising and Strategy, a
Democratic fundraising firm; David Heller is president of Main Street
Communications, a Democratic media consulting firm that specializes in
electing "Blue Dog" Democrats.
"How many times can a man turn his head and pretend he just doesn't see?"
Bob Dylan
Dana David Deree 5 Gregory Lane, Little Rock, AR 72205 (501)614-9029
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: tvtrack-owner [[email protected]@INET@LNGTWY [ UNKNOWN ])
CREATION DATE/TIME:30-JAN-1998 02:23:00.00
SUBJECT: TV TRACK 01 29
TO: Dag Vega ( Dag Vega@eop [ UNKNOWN 1)
READ:UNKNOWN
TO: Julianne B. Corbett ( Julianne B. Corbett@eop [ UNKNOWN ])
READ:UNKNOWN
TEXT:
TV TRACK -- Network TV Headlines From Thursday, January 29, 1998
To: Television Writer
Contact: U.S. Newswire, 202-347-2770
WASHINGTON, Jan. 29 /U.S. Newswire/ -- The following headline
summary of evening network news programs for January 29 was prepared
by U.S. Newswire. Headlines are in the order that stories appeared
on the broadcast and include the name of the correspondent, dateline,
and running time.
<STAB>
NETWORK TELEVISION NEWS HEADLINES
Copyright 1998
Thursday, January 29, 1998
ABC World News Tonight
1 Starr-Lewinsky Deal Not Locked In; The Latest On The Case
Jackie Judd
Washington
2:50
2 Legal Expert Discusses Meeting Between Clinton, Lewinsky
Peter Jennings
New York
0:40
3 A Look At White House Strategy On Lewinsky Visit
Sam Donaldson
Washington
1:55
4 Tobacco Execs Acknowledge Smoking Risks On Capitol Hill
Barry Serafin
Washington
1:20
5 Attack On Birmingham Abortion Clinic Leaves 1 Dead
Rebecca Chase
Birmingham
1:15
6 Judge Orders Gay Sailor's Reinstatement
Peter Jennings
New York
0:25
7 Under Pressure, Tobacco Cos. Have Changed, Leaving Smokers Out
Deborah Amos
New York
3:30
8 Tobacco Executive Discusses Proposed Settlement
Peter Jennings
New York
2:05
9 Gore Proposes Increase In Funding Of Cancer Research
Peter Jennings
New York
0:20
10 Clinton, Hussein Trade Threats On TV Today
Peter Jennings
New York
0:20
11 France Warns Iraq's Time Is Running Out
Peter Jennings
New York
0:15
12 Researchers May Have Identified Gene Governing Baldness
Peter Jennings
New York
0:20
13 FCC To Require Pay Phones To Disclose Price Information
Peter Jennings
New York
0:20
14 Probe Ordered In American Couple Missing On Scuba Diving Tour
Peter Jennings
New York
0:25
15 Scientists Discover Way For Diabetics To Lead More Normal Life
Jayne Clayson
Los Angeles
2:25
CBS Evening News
16 Clinton Makes Comeback: Poll Shows Highest Approval Rating Ever
Dan Rather
New York
0:30
17 No DNA Evidence Found On Lewinsky Dress
Scott Pelley
Washington
3:00
18 Clinton Friend Charged In Fundraising Probe, Embarrassing Clinton
Bob Schieffer
Washington
1:20
19 US Preparing For Possible Military Strike Against Iraq
Dan Rather
New York
0:20
20 Poll Says US Should Bomb Iraq If Nothing Changes
Dan Rather
New York
0:10
21 Hussein Vows Iraqis Will Fight If Attacked
Vicki Mabrey
Baghdad
1:15
22 Bombing Of Birmingham Abortion Clinic Kills 1, Injures 1
Byron Pitts
Birmingham
1:50
23 Greenspan Says US Economy Can't Escape Asian Economic Problems
Ray Brady
New York
1:40
24 Greenspan Lukewarm About Clinton's Social Security Proposals
Dan Rather
New York
0:15
25 New FCC Policy Protects Consumers From High Pay Phone Charges
Dan Rather
New York
0:15
26 Tobacco Execs Propose Settlement, Future Immunity
Jim Stewart
Washington
2:00
27 Judge Rules Military Violated "Don't Ask, Don't Tell" Policy
Dan Rather
New York
0:20
28 Three-Man Crew Heading For Mir; Endeavor Undocks From Mir
Dan Rather
New York
0:25
29 Newborn Baby Stolen From Kansas Hospital
Dan Rather
New York
0:30
30 Convicted Murderer Running Out Of Time To Save Her Life
Bob McNamara
Dallas
2:05
31 Environmentalists Upset By Deaths Of Rare Sea Lion Pups
Dan Rather
New York
0:15
32 Nine Deaths Blamed On Blizzard In Central Appalachians
Dan Rather
New York
0:15
33 El Nino Kicks Up High Winds, Huge Waves In Pacific Ocean
Dan Rather
New York
0:15
34 Secret Service Fights Starr Over Testifying In Clinton Case
Rita Braver
Washington
1:50
NBC Nightly News
35 Lewinsky & Starr Seek Agreement On Clinton Testimony
David Bloom
Washington
2:45
36 Sources Describe Clinton Meeting With Lewinsky In White House
Claire Shipman
Washington
2:40
37 As US Seeks Support For Strike, Sadaam Remains Defiant
Jim Miklaszewski
Washington
1:10
38 Policeman Killed In Abortion Clinic Bombing
Kerry Sanders
Birmingham, AL
2:05
39 Democratic Fundraiser Charlie Trie Indicted, Though He's In China
Tom Brokaw
New York
0:20
40 Babbitt Denies Indian Casino Allegations On Capitol Hill
Tom Brokaw
New York
0:20
41 Greenspan Says US Economy Is In Great Shape Despite Asia Crisis
Tom Brokaw
New York
0:10
42 Many Americans Say "Enough!" To Nonstop Clinton Scandal Coverage
Bob Faw
Washington
3:05
43 Death-Row Woman Facing Her Last Chance In Supreme Court Appeal
Jim Cummins
Dallas
2:30
44 Hospital Security Camera Captures Kidnapping Of Baby
Tom Brokaw
New York
0:20
45 Tobacco Execs Admit To Congress: Smoking Is Addictive
Tom Brokaw
New York
0:15
46 Clinton Admin Proposes To Triple Spending On War Against Cancer
Tom Brokaw
New York
0:20
47 A Few, Repeatedly Flooded Homes Hog Govt Flood Insurance Funds
Bob Dotson
Baton Rouge, LA
2:35
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: rwockner ([email protected]@INET@LNGTWY [ UNKNOWN ])
CREATION DATE/TIME:31-JAN-1998 20:54:00.00
SUBJECT: NC5948: McVeigh is worried
TO: Richard Socarides (Richard Socarides@EOP [ UNKNOWN ])
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN ])
READ:UNKNOWN
TEXT:
* Reprint rights for this copyrighted news article must be obtained *
*
--->
by you
from the originating news organization.
*
Reinstated Sailor Fears Reprisal
.c The Associated Press
By BEN DiPIETRO
HONOLULU (AP) - After winning the biggest battle of his Navy career,
Timothy R. McVeigh has gone back to work at Pearl Harbor.
Although he won an unprecedented reversal of his Navy dismissal on
homosexuality charges, the highly decorated chief petty officer doesn't
know if he can return to the job he loved - managing the day-to-day
activities of a nuclear attack submarine.
While allowed back on board, he's not back at his old post.
``I was removed from my job in charge of a nuclear sub. I had 134 people
under my command," said McVeigh, 36, who is not related to the Oklahoma
City bomber. "From there I was assigned to building office spaces
then they gave me a clerk position.
``I want to continue my career," he said.
U.S. District Judge Stanley Sporkin last Monday ordered the Navy to
reinstate McVeigh, a 17-year Navy veteran who was dismissed in December on
charges he is homosexual and engaged in sodomy. McVeigh has not commented
on his sexuality.
Sporkin said the Navy violated the military's ``don't ask, don't tell"
policy on gays in the military and went too far in investigating McVeigh,
who was linked to an anonymous online profile page that suggested he had a
sexual interest in young men.
Judge Sporkin also said the Navy violated the 1986 Electronic
Communications Privacy Act for obtaining confidential information about
McVeigh from America Online Inc. without a warrant or court order.
The Navy plans to appeal.
Although back in service, McVeigh is continuing his lawsuit against
Defense Secretary William Cohen and Navy Secretary John Dalton. The
lawsuit seeks unspecified damages.
``I wonder how many people have been wrongfully kicked out of the Navy and
not thought about fighting back because they felt too overwhelmed. They
thought I would quietly go home. I'm not going," he said.
McVeigh claims that since his return to Submarine Squadron Three, he has
not been given a job commensurate with his experience as the USS Chicago's
top enlisted officer with a spotless record.
While some sailors support his efforts to make the Navy follow its own
rules, McVeigh fears the open hostility he feels from supervisors may at
some point make him a target.
The Navy says it has no evidence of a hostile reception.
McVeigh was disciplined after the Navy linked him to an anonymous
``profile page" posted on AOL in which a "Tim" from Honolulu expressed
a sexual interest in young men and used the handle "BOYSRCH."
Before AOL shut down his account on Jan. 8, McVeigh said he had several
different profiles on file with the Internet service provider. None of the
others contained homosexual references.
With less than three years to go until he qualifies for a full military
pension and benefits, McVeigh hopes a transfer to another unit will allow
him to make a fresh start.
That may not be easy.
``A lot of people don't want to be associated with a case like this,"
said his court-appointed attorney, Lt. Cmdr. Derek Cole. ``I can't imagine
with him being that high-profile that any commanding officer would want
him."
AP-NY-01-31-98 1657EST
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: rbuhrke ([email protected] [ UNKNOWN
CREATION DATE/TIME: 2-FEB-1998 12:14:24.00
SUBJECT: Internet privacy
TO: "+dist+~peha/public/AAAS.dl"@andrew.cmu.edu ["+dist+~peha/public/AAAS.dl"@andrew.cmu.edu [
UNKNOWN ])
READ:UNKNOWN
TEXT:
If you're interested in issues of privacy and the internet, you might be
interested in this. This has come out of the Timothy McVeigh (not related
to the OK bombing case) case where the Navy, with no evidence (no search
warrent, court order, or whatever) called up AOL asking for the name of
an account holder who they were trying to determine if he was gay. The
Navy representative said he was an old friend (didn't identify himself as
either with the navy or an investigator) and aol told him the name of the
account holder. aol has since apologized for it's breach of
confidentiality ( the Navy, of course, has apologized for nothing). More
important than the violation of the "don't ask, don't tell" policy is the
violation of privacy, which is relevant to all. So if you're interested
in internet privacy issues, here's something you may be interested in.
for more info on the case, contact me. for more info on the talk, see
phone # below.
Robin
GAYLAW, Gay and Lesbian Attorneys of Washington, is sponsoring a program
Wednesday, Feb. 4, called "Cyberspace: Privacy, Censorship, and the Gay
and Lesbian Community." The program will feature panelists John
Aravosis, who has advised Timothy McVeigh in his privacy concerns with
America Online and the US Navy, Deirdre Mulligan, staff counsel to the
Center for Democracy and Technology, and Cathy Renna of the Gay and
Lesbian Alliance Against Defamation. The event starts at 7 p.m. at the
Sumner School, 17th and M streets, NW. For more information, call
202-842-7723.
RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: Doug.Case ( [email protected]@INET@LNGTWY [ UNKNOWN 1)
CREATION DATE/TIME: 3-FEB-1998 18:56:00.00
SUBJECT: Boston Globe: "Don't Ask, Don't Tell" Doesn't Work
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN 1)
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN 1)
READ:UNKNOWN
TEXT:
BOSTON GLOBE
February 3, 1998
(http://www.boston.com/globe)
Editorial
A failed policy
Nearly five years after the White House adopted its policy on gays in
the
military, this much is clear: "Don't ask, don't tell, don't pursue"
doesn't
work.
The 1993 policy seemed simple. Military authorities were forbidden to
investigate a service member's sexual orientation. But they do, triggering
spectacular policy failures.
Annual reports detailing these abuses are issued by the Servicemembers
Legal Defense Network. Among the worst cases are those of female
servicemembers who won't report being sexually harassed because they fear
being called a lesbian. Better to put up with harassment, the thinking
goes,
than endure a career-threatening investigation of one's own sexual
orientation.
The most recently publicized case is that of Timothy McVeigh, a senior
chief petty officer in the Navy (no relation to the convicted Oklahoma City
bomber). The Navy moved to discharge McVeigh, who has served for 17 years,
for
violating the "don't tell" half of the military's policy.
Only McVeigh never said he was gay. The Navy was directed to an America
Online profile page where a Tim, no last name listed, from Honolulu
described
himself as gay. The Navy then asked America Online for Tim's full name.
But Federal District Court Judge Stanley Sporkin ruled that the Navy's
inquiry constituted a "search and outing mission" in violation of the
"don't ask" rule. Sporkin issued a permanent injunction that stops the
Navy
from dismissing McVeigh.
But an intolerable situation continues. The defense network warns
servicemembers of the risks of confiding in military health professionals
and
chaplains. Its grim advice, if a sexual orientation issue comes up, is to
get
a lawyer. The organization's next annual report is due on Feb. 26 and seems
unlikely to bring news of progress.
The message is obvious. "Don't ask, don't tell" is a half-step of a
policy that sometimes contributes to the discrimination it is meant to
prevent. It craves government attention.
This message has been forwarded as a free informational service. Please do
not publish, or post in a public place on the Internet, copyrighted
material without permission and attribution. (Note: Press releases are
fine to reprint. Don't reprint wire stories, such as Associated Press
stories, in their entirety unless you subscribe to that wire service.)
Forwarding of this material should not necessarily be construed as an
endorsement of the content. In fact, sometimes messages from anti-gay
organizations are forwarded as "opposition research."
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Withdrawal/Redaction Marker
Clinton Library
DOCUMENT NO.
SUBJECT/TITLE
DATE
RESTRICTION
AND TYPE
001. email
Ringleader to Eugenie Bisculco at 12:46:00.00. Subject: Re: ardent
02/04/1998
Personal Misfile
embassies program. (5 pages)
COLLECTION:
Clinton Presidential Records
Tape Restoration Project [Email]
Default ([Don't Ask, Don't Tell])
OA/Box Number: 1100000
FOLDER TITLE:
[01/29/1998 - 02/19/1998]
2015-0017-F
ab1581
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - 15 U.S.C. 552(b)]
P1 National Security Classified Information [(a)(1) of the PRA]
b(1) National security classified information [(b)(1) of the FOIA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ
b(2) Release would disclose internal personnel rules and practices of
P3 Release would violate a Federal statute [(a)(3) of the PRAJ
an agency |(b)(2) of the FOIA]
P4 Release would disclose trade secrets or confidential commercial or
b(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information |(a)(4) of the PRA]
b(4) Release would disclose trade secrets or confidential or financial
P5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA|
and his advisors, or between such advisors |a)(5) of the PRA]
b(6) Release would constitute a clearly unwarranted invasion of
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA
b(7) Release would disclose information compiled for law enforcement
purposes |(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed
b(8) Release would disclose information concerning the regulation of
of gift.
financial institutions [(b)(8) of the FOIA]
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(9) Release would disclose geological or geophysical information
2201(3).
concerning wells |(b)(9) of the FOIA]
RR. Document will be reviewed upon request.
RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: Doug.Case ([email protected]@INET@LNGTWY. [ UNKNOWN ])
CREATION DATE/TIME: 5-FEB-1998 20:33:00.00
SUBJECT: Anti-gay Republican to run for Oregon Senate seat
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN 1)
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN ])
READ:UNKNOWN
TEXT:
The Seattle Times
January 28, 1998
Bayley to run for Senate
by Danny Westneat
Seattle Times Washington bureau
WASHINGTON - Twenty years after leaving public life, Christopher Bayley
says he's back.
King County's prosecutor in the 1970s, Bayley yesterday declared
himself a
Republican candidate for the U.S. Senate seat held by Democrat Patty
Murray.
"I'm in, I've definitely decided to do it," Bayley said on Capitol Hill,
where he met with Republican leaders to tell them he's running. "I think
there's a real opportunity here to replace an ineffective senator."
Bayley, 59, is jumping in where few have dared. He will oppose Rep.
Linda
Smith, R-Hazel Dell, in the GOP primary in September. Whoever wins would
face
Murray in the November election. Murray has no primary opposition and isn't
expected to have any.
Bayley said he opposes abortion rights and has
signed Initiative 200, which would effectively ban affirmative action for
minorities and women in state and local public employment, public
education,
state-college admissions and public contracting.
He also opposes gay marriages and gays in the military and supports a
dramatic reduction of the federal role in education in favor of more local
control.
Smith said Bayley, a Harvard graduate and political protege of Sen.
Slade
Gorton, is part of the elite wing of the Republican party that is out of
touch
with the concerns of blue-collar working families.
"Whoever wins is going to have to win with the support of the grass
roots,"
she said. "They think they can outspend us and kill the people's group. I
think they're just wrong.
"There is a belief that you should be rich, or have a Harvard or
Princeton
degree, or have been in the party for years to be acceptable," she said. "I
don't have the pedigree."
This message has been forwarded as a free informational service. Please do
not publish, or post in a public place on the Internet, copyrighted
material without permission and attribution. (Note: Press releases are
fine to reprint. Don't reprint wire stories, such as Associated Press
stories, in their entirety unless you subscribe to that wire service.)
Forwarding of this material should not necessarily be construed as an
endorsement of the content. In fact, sometimes messages from anti-gay
organizations are forwarded as "opposition research."
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: Doug.Case ([email protected]@INET@LNGTWY [ UNKNOWN 1)
CREATION DATE/TIME:11-FEB-1998 18:33:00.00
SUBJECT: House Internet Chairman Demands McVeigh Investigation
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN 1)
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN
READ:UNKNOWN
TEXT:
FOR IMMEDIATE RELEASE
February 11, 1998 - 10:30AM EST
Contacts: John Aravosis, 202/328-5707
Barbara Bode, 202/588-9598
House Internet Chairman Demands McVeigh Investigation,
Warns of Encryption Debate Repercussions
In an unprecedented letter with serious ramifications for this year's
Internet legislative agenda, a senior House republican -- Judiciary
sub-committee chairman Rep. Howard Coble (R-6th/NC) -- has joined Rep.
William Delahunt (D-10th/MA) in writing the President to urge an
investigation into the Navy's illegal actions against Senior Chief Timothy
McVeigh (no relation to the Oklahoma City bomber). The Coble/Delahunt
letter also warns that the McVeigh case could have serious implications for
the upcoming "encryption" debate, in which the Administration wants the
American people to trust that it will not abuse its ability to spy on
American citizens via computers and the Internet.
Rep. Coble, a republican in his seventh term from North Carolina, is a
senior member of the House Judiciary Committee, and chairman of its Courts
and Intellectual Property Subcommittee -- the subcommittee with primary
jurisdiction over the Internet. Rep. Delahunt is also a member of the same
sub-committee.
Reps. Coble and Delahunt wrote the President on February 10, 1998, to
"express our concern regarding the much-publicized case of ETCS(SS) Timothy
R. McVeigh." The House members urged the President "to order a full
investigation into this case." They added: "Now is the time for the
Administration to send an unequivocal message to Americans of every
political persuasion that government agencies will not be permitted to
gather private information on American citizens without their consent and
in violation of federal law, or to take punitive actions on the basis of
private information that has been illegally obtained."
The congressmen explained that "Both Democrats and Republicans are watching
this case with the keenest attention. Some of us oppose the policy
requiring the discharge of gay service members; some of us support that
policy. However, while we may disagree on this underlying issue, we are
united in our concern over the implications of the case for the development
of the Internet and the legitimate privacy interests of those who make us
of it."
The Members also warned that the McVeigh case calls into question the
Administration's credibility in the upcoming encryption debate (regarding
the Administration's desire for legislative authority to break into the
private computer systems of American citizens and others without the
owner's consent.) "When concerns have been raised that a key recovery
system would compromise public confidence in the integrity of confidential
communications, these [federal law enforcement] agencies have repeatedly
given their assurances that encryption keys would not be used in the
absence of a warrant or court order. Yet what are we to make of such
assurances when the Navy could so readily circumvent the warrant
requirements of the ECPA [Electronic Communications Privacy Act] in order
to obtain private subscriber information?"
"After 30 days of non-stop media coverage, we're still getting favorable
editorials in places as unlikely as Tulsa, Oklahoma and Moline, Illinois,"
said John Aravosis, an Internet consultant assisting Senior Chief McVeigh
on his case. "The Navy's actions give people the creeps, including some
senior Republicans in Congress. If I were the Navy and the Administration,
I'd be figuring out how to make this case go away fast," Aravosis added.
Senior Chief McVeigh was being discharged from the Navy after DOD illegally
obtained his confidential email account information from America Online.
The Navy used such information to charge that McVeigh was "gay." Federal
Judge Stanley Sporkin (a Reagan appointee) intervened on January 29, 1998,
putting a permanent injunction on the Navy's discharge efforts, finding
that the Pentagon launched a "search and destroy mission" against the
decorated 17-year sailor in violation of the "Don't Ask, Don't Tell"
policy
and the Electronic Communications Privacy Act (federal wire tap law).
The Navy responded to the judge's decision by saying it saw nothing wrong
with its online fishing expeditions, would appeal the order, and continue
its efforts to discharge McVeigh. McVeigh, who has subsequently returned
to work in Honolulu, was the former chief enlisted man on the nuclear
attack submarine USS Chicago. He has now been put in charge of base
librarian duties, taking a $745 per month pay cut -- he has been the
subject of repeated harassment by his Navy superiors, eliciting concerns
for his safety. Senior Chief McVeigh lives in Hawaii with his mother, whom
he cares for after a recent heart attack.
PDF (i.e., Adobe Acrobat) copies of the original congressional letter are
available by email and fax upon request.
John Aravosis
Wired Strategies - Online Advocacy Consulting
Washington, DC
202/328-5707 tel.
202/328-5708 fax
http://www.wiredstrategies.com
mailto:[email protected]
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: rwockner ([email protected]@INET@LNGTWY UNKNOWN ])
CREATION DATE/TIME:11-FEB-1998 12:40:00.00
SUBJECT: NC6071: House Internet Chairman Demands McVeigh Investigation
TO: Richard Socarides (Richard Socarides@EOP [ UNKNOWN 1)
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN D
READ:UNKNOWN
TEXT:
FOR IMMEDIATE RELEASE
February 11, 1998 - 10:30AM EST
Contacts: John Aravosis, 202/328-5707
Barbara Bode, 202/588-9598
House Internet Chairman Demands McVeigh Investigation,
Warns of Encryption Debate Repercussions
In an unprecedented letter with serious ramifications for this year's
Internet legislative agenda, a senior House republican -- Judiciary
sub-committee chairman Rep. Howard Coble (R-6th/NC) -- has joined Rep.
William Delahunt (D-10th/MA) in writing the President to urge an
investigation into the Navy's illegal actions against Senior Chief Timothy
McVeigh (no relation to the Oklahoma City bomber). The Coble/Delahunt
letter also warns that the McVeigh case could have serious implications
for the upcoming "encryption" debate, in which the Administration wants
the American people to trust that it will not abuse its ability to spy on
American citizens via computers and the Internet.
Rep. Coble, a republican in his seventh term from North Carolina, is a
senior member of the House Judiciary Committee, and chairman of its Courts
and Intellectual Property Subcommittee -- the subcommittee with primary
jurisdiction over the Internet. Rep. Delahunt is also a member of the
same sub-committee.
Reps. Coble and Delahunt wrote the President on February 10, 1998, to
"express our concern regarding the much-publicized case of ETCS(SS)
Timothy R. McVeigh." The House members urged the President "to order a
full investigation into this case." They added: "Now is the time for the
Administration to send an unequivocal message to Americans of every
political persuasion that government agencies will not be permitted to
gather private information on American citizens without their consent and
in violation of federal law, or to take punitive actions on the basis of
private information that has been illegally obtained."
The congressmen explained that "Both Democrats and Republicans are
watching this case with the keenest attention. Some of us oppose the
policy requiring the discharge of gay service members; some of us support
that policy. However, while we may disagree on this underlying issue, we
are united in our concern over the implications of the case for the
development of the Internet and the legitimate privacy interests of those
who make us of it."
The Members also warned that the McVeigh case calls into question the
Administration's credibility in the upcoming encryption debate (regarding
the Administration's desire for legislative authority to break into the
private computer systems of American citizens and others without the
owner's consent.) "When concerns have been raised that a key recovery
system would compromise public confidence in the integrity of confidential
communications, these [federal law enforcement] agencies have repeatedly
given their assurances that encryption keys would not be used in the
absence of a warrant or court order. Yet what are we to make of such
assurances when the Navy could so readily circumvent the warrant
requirements of the ECPA [Electronic Communications Privacy Act] in order
to obtain private subscriber information?"
"After 30 days of non-stop media coverage, we're still getting favorable
editorials in places as unlikely as Tulsa, Oklahoma and Moline, Illinois,"
said John Aravosis, an Internet consultant assisting Senior Chief McVeigh
on his case. "The Navy's actions give people the creeps, including some
senior Republicans in Congress. If I were the Navy and the
Administration, I'd be figuring out how to make this case go away fast,"
Aravosis added.
Senior Chief McVeigh was being discharged from the Navy after DOD
illegally obtained his confidential email account information from America
Online. The Navy used such information to charge that McVeigh was "gay."
Federal Judge Stanley Sporkin (a Reagan appointee) intervened on January
29, 1998, putting a permanent injunction on the Navy's discharge efforts,
finding that the Pentagon launched a "search and destroy mission" against
the decorated 17-year sailor in violation of the "Don't Ask, Don't Tell"
policy and the Electronic Communications Privacy Act (federal wire tap
law).
The Navy responded to the judge's decision by saying it saw nothing wrong
with its online fishing expeditions, would appeal the order, and continue
its efforts to discharge McVeigh. McVeigh, who has subsequently returned
to work in Honolulu, was the former chief enlisted man on the nuclear
attack submarine USS Chicago. He has now been put in charge of base
librarian duties, taking a $745 per month pay cut -- he has been the
subject of repeated harassment by his Navy superiors, eliciting concerns
for his safety. Senior Chief McVeigh lives in Hawaii with his mother,
whom he cares for after a recent heart attack.
PDF (i.e., Adobe Acrobat) copies of the original congressional letter are
available by email and fax upon request.
John Aravosis
Wired Strategies - Online Advocacy Consulting
Washington, DC
202/328-5707 tel.
202/328-5708 fax
http://www.wiredstrategies.com
mailto:[email protected]
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: rwockner ([email protected]@INET@LNGTWY [ UNKNOWN 1)
CREATION DATE/TIME:19-FEB-1998 18:22:00.00
SUBJECT: NC6123: False report ended military career
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN ])
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN ])
READ:UNKNOWN
TEXT:
* Reprint rights for this copyrighted news article must be obtained *
*
--->
by you
from the originating news organization.
*
WASHINGTON, Feb. 19 (UPI) -- Sonya Harden dreamed of being an Air
Force officer. But her dreams were shot down in October 1995, when a
former roommate falsely accused her of being a lesbian.
"She made the accusation in retaliation for a dispute we had
over
household expenses," Harden said.
Harden, 30, who lives in Louisiana, knew nothing of the false
charges
when she was summoned by her commanding officer a few days later. ``I
had applied for Officer Candidate School so I strode proudly to his
office thinking he was going to tell me I had been accepted," said
Harden.
Instead, her commander told her she had been accused of being gay
and
said an investigation would be launched.
Once the investigation began, Harden said ``there was no way to
stop
that runaway train." In February 1996, she went before a discharge
board. Her former roommate admitted under oath she had lied and male
witnesses testified to heterosexual relationships with Harden. But the
board discharged her, effective August 1996.
Harden appealed but the Air Force Inspector General refused to
review
her case. She then asked the Washington-based Servicemembers Legal
Defense Network, which works on gay and lesbian issues in the military,
for help.
The SLDN asked the Department of Defense Inspector General's
office
to intervene. It did and told the Air Force to review Harden's case.
But in December the Air Force upheld Harden's discharge, although
she
had not been interviewed and evidence the SLDN collected was not
reviewed. "This case points up the fact that so-called 'straight'
members of the military can lose their careers, too, if they are falsely
accused," SLDN co-executive director C. Dixon Osburn said.
The SLDN says in 1997 the Air Force violated the Clinton
administration's ``don't ask, don't tell" policy on gays in the
military 90 times.
An Air Force spokesmen did not immediately comment on Harden's
case.
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CREATOR: rwockner ([email protected]@INET@LNGTWY. [ UNKNOWN ])
CREATION DATE/TIME:19-FEB-1998 17:03:00.00
SUBJECT: NC6121: Gay harassment up in military
TO: Richard Socarides ( Richard Socarides@EOP [ UNKNOWN ])
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN ])
READ:UNKNOWN
TEXT:
* Reprint rights for this copyrighted news article must be obtained
*
*
by you
from the originating news organization.
*
Group Cites More Gay Harassment
.c The Associated Press
By SLOBODAN LEKIC
WASHINGTON (AP) - The number of gays facing harassment in the military
has risen for the fourth consecutive year, despite the Clinton
administration's pledge to prevent further discrimination of homosexuals
in the armed services, according to a gay rights advocacy group.
The Servicemembers Legal Defense Network attributed the increase to "a
climate in many commands where 'anything goes' in the pursuit of
suspected gay personnel."
In its annual report, the group cited 563 ``command violations" that
servicemembers had reported to it, including instances where commands
asked, pursued and harassed service members in direct violation of
President Clinton's ``don't ask, don't tell" policy, which sets limits
on gay investigations.
In contrast, the number of violations reported in 1996 by members of all
the services was 443, the group said.
Last year's report said a total of 850 people had been discharged from
the military for homosexuality in 1996, a five-year high. No figures
were given discharges of gays in 1997.
"The difference is that last year we received the number of discharges
from the Pentagon, but, despite repeated efforts, we have not been able
to get them this year," said Kevin Winston, a spokesman for the group.
"We'd love to have the numbers, but we can't get them."
A Pentagon spokesman, Capt. Jim Knotts, declined to comment on the
report, saying the Defense Department had not had a chance to review it
or analyze its contents.
"The reason underlying continued violations of (the administration's
policy) is a lack of commitment from top military and civilian
authorities," the document said.
It said the Navy was the worst service in anti-gay harassment and
asking, with 193 violations.
The group's recommendations included placing strict limits on gay
investigations, disciplining commanders who disobey them, and providing
recourse to personnel involved in improper investigations.
``It is time for military leaders to obey the law," the report
concluded.
AP-NY-02-19-98 0900EST
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: rwockner ([email protected]@INET@LNGTWY. UNKNOWN ])
CREATION DATE/TIME:19-FEB-1998 17:36:00.00
SUBJECT: NC6122: SLDN action alert
TO: Richard Socarides (Richard Socarides@EOP [ UNKNOWN ])
READ:UNKNOWN
TO: Stuart D. Rosenstein ( Stuart D. Rosenstein@eop [ UNKNOWN
READ:UNKNOWN
TEXT:
From:[email protected]
To: [email protected]
Subject: Take Action: military harassment and pursuit surge
SLDN is proud to announce the release of our Fourth Annual Report on the
implementation of "Don't Ask, Don't Tell, Don't Pursue" at a press
conference at the National Press Club in Washington, DC this morning. For
the fourth consecutive year, we have documented continued asking,
harassment and witch hunts against military personnel suspected of being
gay in violation of the Defense Department's own regulations. Among this
year's top findings:
** The service branches have failed to train commanders and investigators
in
the limits placed on gay investigations.
** Inquiry officers and investigators use heavy-handed tactics (including
threats of criminal charges, confinement, non-judicial punishment, and
"outing" to family members, friends and colleagues) in pursuit of gay,
lesbian
and bisexual servicemembers.
** "Don't Ask" violations are up by 39% over last year, indicating a sharp
increase in violations of the most simple of the policy's limits: Don't
Ask.
** "Don't Pursue" violations are up 23%.
** "Don't Harass" violations are up 38%.
** Total DoD violations climb 29%.
** The Navy was the worst offender in violating DA, DT, DP last year.
For a full copy of this year's report, please visit
http://www.sldn.org/reports/fourth.htm.
TAKE ACTION: YOUR VOICE IS IMPORTANT<<<
1. Let decision makers know that the Armed Forces must live up to their
promises and regulations' requirements that asking, harassing and pursuing
of
suspected gay troops would stop. [see below for specific actions to take]
2. Write letters to the editors of your local newspapers alerting them to
our
report and to the Defense Department's failure to live up to it's end of
"Don't Ask, Don't Tell, Don't Pursue." Express your opinion that the Armed
Forces must stop asking, harassing and pursuing suspected gay troops.
3. Contact your local public and school/university libraries; ask them to
obtain a copy of our report and its supporting documents. Requests can be
made to SLDN at (202) 328-3244 or [email protected].
CONTACT DECISION MAKERS
Let decision makers know that you expect military commanders and
investigators
to respect the limits on gay investigations required by "Don't Ask, Don't
Tell, Don't Pursue." The Armed Forces must live up to President Clinton's
promise that there will be a "decent regard for the privacy and
associational
rights" of all military members regardless of their sexual orientation.
The list below of officials to contact is longer than most SLDN action
alerts.
Realizing that your time is valuable, we urge to contact as many of the
leaders below as you are able regarding this important issue. The first
four
are essential decision makers who **must** get the message that the
military
must observe the limits imposed on gay investigations by DA, DT, DP. The
others on the list are important leaders whose guidance and oversight bears
directly on how this policy is enforced. Unfortunately, not everyone has
publicly available email addresses and some of the email addresses are for
the
public affairs offices in the various agencies.
President William Jefferson Clinton: email: [email protected];
voice:
(202) 456-1111; snail: White House, 1600 Pennsylvania Ave., NW,
Washington,
DC 20500.
Vice-President Albert Gore: [email protected], White House,
1600
Pennsylvania Ave., NW, Washington, DC 20500.
Secretary of Defense William Cohen: comment via DoD web page:
http://www.defenselink.mil/faq/comment.html; voice: (703) 695-5261; fax:
(703) 695-1219; snail: 1000 Defense Pentagon, Washington, D.C.
20301-1000.
General Henry H. Shelton, Chairman of the Joint Chiefs of Staff. Email:
[email protected]; voice: (703) 697-9121; mail: 9999
Defense
Pentagaon, Washington, DC 20318-9999.
Your Representatives in the U.S. Senate and House of Representatives.
Visit
the Human Rights Campaign's Congressional page at
http://www.hrc.org/actncntr/index.html to learn who represents you in
Congress
and for a direct email link to their offices where possible.
The Honorable F. Whiten Peters, Acting Secretary of the Air Force. Air
Force
comment link:
http://www.af.mil/comment.html, fax: (703) 693-7553; voice: (703)
697-7376;
mail: 1740 AF Pentagon, Room 4E871, Washington, DC 20330-1740.
General Michael E. Ryan, Chief of Staff of the Air Force. voice: (703)
697-1887; mail: 1670 Defense Pentagon, Washington, DC 20330-1670.
CMSAF Eric W. Benken, Chief Master Sergeant of the Air Force. voice (703)
695-0498; mail: 1670 Air Force Pentagon, Washington, DC 20330-1670.
The Honorable Togo West, Secretary of the Army. voice (703) 695-3211;
mail:
101 Army Pentagon, Washington, DC 20310-0101.
General Dennis J. Reimer, Chief of Staff of the Army. Email:
[email protected]; voice: (703) 695-2077; mail: 200 Army Pentagon,
Washington, DC 20310-0200.
SMA Robert E. Hall, Sergeant Major of the Army. Email: smaweb@pentagon-
hqda5.army.mil; voice: (703) 695-2150; mail: 200 Army Pentagon,
Washington,
DC 20310-0200.
The Honorable John Dalton, Secretary of the Navy. fax: (703) 617-3477;
voice: (703) 695-3131; mail: 1000 Navy Pentagon, Washington, DC
20350-1000.
Admiral Jay Johnson, Chief of Naval Operations. voice: (703) 695-5664;
mail: 2000 Navy Pentagon, Washington, DC 20350-2000.
General C.C. Krulak, Commandant of the Marine Corps. Email: mailm@mpg-
smtp3.usmc.mil, voice: (703) 614-2500; mail: Washington, DC
20380-0001.
MCPON John Hagan, Master Chief Petty Officer of Navy. Email:
[email protected]; voice: (703) 614-4854.
SGTMAJ L. G. Lee, Sergeant Major of the Marine Corps. voice: (703)
614-2475;
mail: Washington, DC 20380-0001.
The Honorable Rodney Slater, Secretary of Transportation. Email:
[email protected]; voice: (202) 366-1111; mail: 400 7th Street, SW,
Washington, DC 20590.
Admiral Robert E. Kramek, Commandant of the Coast Guard. voice: (202)
267-2390; mail: 2100 2nd Street, SW, Washington, DC 20593-0001.
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RECORD TYPE: FEDERAL (TRP NOTES MAIL)
CREATOR: glbt-news-owner ([email protected]@INET@LNGTWY UNKNOWN ])
CREATION DATE/TIME:19-FEB-1998 20:20:00.00
SUBJECT: [GLBT-NEWS:DL] SLDN Issues Scathing Report on Military
TO: Joseph E. Voeller ( Joseph E. Voeller@EOP [ UNKNOWN 1)
READ:UNKNOWN
TEXT:
NEWS SOURCE: The Data Lounge - http://www.datalounge.com/
BACKGROUND OF NEWS SOURCE:
The Data Lounge is about anything and everything gay. Daily news
headlines,
culture information, and gossip--who's out, who's not, and who should be.
Visit their site, and to see the Web version of this article, click
below:
http://www.datalounge.com/pages/sections/news/98/02/19/004.news
Thursday, February 19, 1998
SLDN Issues Scathing Report on Military
WASHINGTON -- According to a report issued by the Servicemembers Legal
Defense Network today, military commanders routinely violate "don't
ask, don't tell" regulations by aggressively investigating the private
lives of military personnel they suspect are gay and by failing to
protect closeted gay personnel from harassment.
The San Francisco Chronicle received an advanced copy of the report
which charges violations of the policy have increased every year since
it was introduced by President Clinton in the face of considerable
controversy in 1993.
The SLDN said the number of violations of the policy reported to the
organization rose from 443 in 1996 to 563 in 1997. "The violations we
are seeing are very basic; they should not be occurring five years
into the policy," said Michele Benecke, co-director of the group.
"Don't ask means don't ask. The rule could not be more clear, but time
and time again, investigating officers ask." Benecke said the biggest
problem was ignorance. Most commanders in the field, she said, don't
know the rules. On the positive side, Benecke noted that for the first
time, not a single servicemember was convicted and sent to prison for
consensual gay sex.
The report identifies the "heavy handed and increasingly intrusive
investigative tactics" used against suspected gays. Numerous instances
of coercive investigative procedures and "fishing expeditions" were
cited. The report also noted there is "no recourse or redress for
service members asked, pursued or harassed" and that investigating
officers who violate the policy are not held accountable for their
actions.
The policy allows commanders to begin an investigation only if they
receive "credible information" of homosexual conduct. The report says,
however, investigations are often initiated based on nothing more than
"belief or suspicion," rather than on fact. Secretary of Defense
William Cohen promised in February 1997 to stop any "continued
pursuits and prosecutions" which constitute violations of the policy.
The report also described in detail numerous instances of anti-gay
harassment, a punishable offense under the new policy. Attempts to
identify the assailants were weak or nonexistent. Moreover, service
members complaining of harassment were in turn investigated by
commanders and, in most cases, summarily discharged.
This response was, the report alleges, in direct violation of a memo
sent out by the Pentagon last year that stated that "servicemembers
should be able to report crimes free from fear of harm, reprisal or
inappropriate or inadequate governmental response."
The Pentagon had no immediate comment.
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CREATOR: glbt-news-owner ([email protected]@INET@LNGTWY [ UNKNOWN
CREATION DATE/TIME:19-FEB-1998 20:20:00.00
SUBJECT: [GLBT-NEWS:PNO] SLDN Report on "Don't Ask"
TO: Joseph E. Voeller (Joseph E. Voeller@EOP [ UNKNOWN
READ:UNKNOWN
TEXT:
NEWS SOURCE: PlanetOut NewsPlanet - http://www.planetout.com/
BACKGROUND OF NEWS SOURCE:
PlanetOut is a web site with oodles of news, information, and just plain
Web-fun for the gay community. Visit their site and support their news
staff that bring you these articles. This particular article may have
even more links--click below for the Web version of this article:
http://www.planetout.com/newsplanet/article.html?1998/02/19/1
SLDN Report on "Don't Ask"
NewsPlanet Staff
Thursday, February 19, 1998 / 04:00 PM
SUMMARY: The lesbian and gay servicemembers' advocacy group has done
the Pentagon's work for it again, and the increase in DADT policy
violations they found may be the reason the military hasn't wanted to
ask themselves.
The Servicemembers Legal Defense Network (SLDN) today released its
"Fourth Annual Report on 'Don't Ask, Don't Tell, Don't Pursue,"
finding that violations of the policy on military service by gays and
lesbians continue to increase -- and that commanders still haven't
learned the rules. Since the Pentagon has yet to issue the
long-awaited report on its own internal review of the policy and does
not systematically track its violations, SLDN's clearly-written,
thoroughly documented statement remains the best available data on the
subject.
Command violations continued their steady increase over each of the
four years since the policy was instituted, as SLDN counted 27% more
violations overall in 1997 (563) than in 1996 (443). Those broke down
into a 39% increase in "Don't Ask" violations (124 in 1997 compared to
89 in 1996), a 23% increase in "Don't Pursue" violations (235 compared
to 191 in 1996), and a 38% increase in "Don't Harass" violations (182
compared to 132 in 1996) including death threats and physical
assaults. The Navy was the worst offender among the services with a
total of 193 violations overall, leading the pack in both "Don't Ask"
and "Don't Harass" violations, while the Air Force was the leader in
"Don't Pursue" violations with 90.
In each of its reports, SLDN has called for training and clarification
of the so-called "Don't Ask, Don't Tell" (DADT) policy by those who
must carry it out, but even that type of basic education is still not
being made available. The report says that, "Four years into 'Don't
Ask, Don't Tell, Don't Pursue,' most leaders have not received or read
a copy of the current regulations and guidelines, and most do not know
what the limits are to gay investigations." SLDN documented just one
case this year in which servicemembers had received training on the
policy's limits to investigations. Servicemembers in the field are
completely unaware, for instance, of the ground-breaking memo from
former Undersecretary of Defense Edwin Dorn clarifying that in cases
of anti-gay harassment and lesbian-baiting, investigation should be
focused on the perpetrators rather than the victims. SLDN notes that
there have been no disciplinary actions whatever for violations of
DADT in the last two years, and recommends them. SLDN also recommends
providing recourse for the victims of improper investigations,
adoption of an "exclusionary rule" to disallow improperly obtained
evidence, and an expert review of the administrative separation
process itself.
"Don't Tell" violations by servicemembers themselves actually dropped
29% (22 in 1997 compared to 31 in 1996), down by about half in the
Army and Navy and about one-fifth in the Air Force; it's suggested
that finding may reflect that servicemembers have learned by
observation that utter secrecy is necessary if they are to remain in
uniform. SLDN remains deeply concerned by the military's use of
material from psychological counseling sessions, medical personnel,
counseling sessions with chaplains (explicitly private under "don't
ask, don't tell" regulations) and from civilian friends and family
members, to discharge gays and lesbians.
This year's report features an entire section on the case of Senior
Chief Petty Officer Timothy McVeigh, whose discharge was sought by
the Navy based on the "gay" content of the profile associated with one
of his several America Online screen names, but was blocked in court
by the first judicial finding that a branch of the service had
violated the DADT policy. The report also treats other Internet and
electronic privacy concerns in what it terms "Witch Hunts Online." One
case cited is that of former Coast Guard Petty Officer Tim Bauer,
discharged for having "used a government computer to access an
internet 'chat room' for gay men" even though others in his unit were
allowed to make personal use of the equipment. An unnamed Air Force
servicemember resigned in the course of an investigation that included
pulling 565 pages of computer materials (including his e-mail and web
pages he'd viewed) along with his medical and mental health records,
and interviewing 23 of his associates, following an anonymous phone
tip that his web page had "homosexual images." SLDN says it has
handled cases of personnel in each of the services this year involving
electronic privacy.
Another twist on the "Don't Tell" situation is what SLDN calls the
"prove you're gay" phenomenon, in which servicemembers who have stated
that they are gay or lesbian -- usually seeking relief from harassment
-- are investigated in wide-ranging fishing expeditions rather than
being discharged. In the course of those investigations, some
servicemembers may become trapped between facing criminal charges for
lying about being gay if they can't or won't detail homosexual acts,
and criminal charges for sodomy if they do. The Air Force, the first
and leading practitioner of "prove you're gay," says it's a method to
detect fraudulent sexual orientation claims by heterosexuals seeking
to evade their service obligations, but has never presented evidence
that such a problem exists. SLDN asserts that it has never found
evidence of "heterosexual frauds or gay slackards" in its handling of
more than 1,300 cases.
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