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A8


Politics & The Nation


If courts intervened, preparation time for change would be lost


BY ED O’KEEFE AND CRAIGWHITLOCK The Pentagon is increasingly


worried that Congress will not act to repeal the military’s “don’t ask, don’t tell” policy, a scenario that defense officials fear would prompt federal courts to inter- vene and immediately allow gay men and lesbians to serve openly in the armed forces instead of giving the military several months or years to prepare. In an appearance before the


Senate Armed Services Commit- tee on Thursday, Defense Secre- tary Robert M. Gates warned, “Those that choose not to act legislatively are rolling the dice that this policy will not be abrupt- ly overturned by the courts.” But senior Democratic aides in


the Senate concede that a vote this year to end the ban is grow- ing highly unlikely because it is part of a massive defense policy bill that requires weeks of debate. With three weeks left before Christmas, senators are expected to consider tax cuts, a govern- ment spending plan and possibly a nuclear-disarmament treaty withRussia, leaving little time for other legislation. The aides spoke on the condition of anonymity because they were not authorized to discuss the matter on the record. Gates and Joint Chiefs of Staff


Chairman Mike Mullen, citing a Pentagon report released Tues- day, said there is a “low risk” to ending the ban only if the De- fense Department can roll out changes gradually and keep the process under their control. Court rulings this fall— which


temporarily suspended the law and led to bureaucratic chaos at the Pentagon and recruiting sta- tions — alarmed defense and military officials, who said they were caught by surprise. “I think that woke a lot of


people up,” Gen. James E. Cart- wright, the vice chairman of the Joint Chiefs, said in an interview Wednesday. Cartwright, the chiefs of staff of the Army, Navy and Air Force, and the comman- dants of the Marine Corps and Coast Guard will testify before the Armed Services Committee on Friday. “Given the opportunity to


choose on how and if the law is repealed, I’drather have the legis- lature do it than the judicial side,” Cartwright said. A federal court decision forcing an immediate end to the policy would put gays currently serving in uniform in an awkward position, he said. Defense Department General


Counsel Jeh C. Johnson, testify- ing Thursday before the Senate panel, recounted how two federal court rulings forced the Pentagon to shift course on “don’t ask, don’t tell” twice in eight days. “This legal uncertainty is not


going away anytime soon,” he said, noting that a legal challenge brought by the Log Cabin Repub- licans remains under consider- ation by theU.S. Court of Appeals for the 9th Circuit. The report written by Johnson


and Army Gen. Carter F. Ham cited a survey of about 115,000


Disney-built town in Fla. records its first homicide


ORLANDO SENTINEL


celebration, fla. — Fourteen years after people first moved into the town that Disney built, it recorded its first homicide, law enforcement officials said. Sometime over the Thanksgiv-


ing weekend in this fantasyland Orlando suburb of large homes, pristine landscaping and candy- colored office buildings, some- body killed Matteo Patrick Gio- vanditto, 58, in his condo, the Osceola County Sheriff ’s Office said. Investigators have no sus- pect but called the killing an isolated incident. Neighbors who hadn’t seen


Giovanditto since the day before Thanksgiving entered his unit Monday morning and found a body on the kitchen floor covered with a blanket, they said. Several vacationers and resi-


dents said the killing hasn’t frightened them or changed their feelings about Celebration. TheWalt Disney Co. developed


the town but has largely divested itself of any interest.


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FRIDAY, DECEMBER 3, 2010 Pentagonworries that Congresswon’t end ‘don’t ask, don’t tell’


active-duty and reserve troops. It found that most combat troops oppose repealing “don’t ask,don’t tell” and are skeptical that it could be done correctly—a point seized upon this week by social conservatives and Republican lawmakers who want the law to remain. Cartwright signaled that the


military probably would instruct combat troops about any person- nel changes over time, instead of all at once, because of their


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phased deployments. “You need that time cushion.


The Congress, I’mcertain, is will- ing to work with us on that,” he said. Sen. John McCain (R-Ariz.)


strongly criticized the Pentagon’s newreport Thursday. “At this time, we should be inherently cautious about mak- ing any changes that would affect our military, and what changes we do make should be the prod- uct of careful and deliberate con-


sideration,” said the senator, a leading critic of ending the ban. McCain also faulted the study


because it did not examine whether the law should be re- pealed and said he worried that the survey accounts for the opin- ions of just 6 percent of the total armed forces. In his testimony, Mullen ac- knowledged McCain’s concerns, noting that some troops quoted in the report worry about having to bunk or shower with openly


gay troops. “We’ll deal with that,” the ad-


miral said. “But I believe, and history tells us, that most of them will put aside personal proclivi- ties for something larger than themselves and for each other.” He added: “There are some for


whom this debate is all about gray areas. There is no gray area here. We treat each other with respect, or we find another place to work. Period. That’s why I also believe leadership will prove vi-


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tal.” Emerging as a forceful, impas-


sioned proponent for repealing the law,Mullen said current poli- cy “doesn’t make any sense to me,” because it requires troops to lie about their identity while serv- ing for a military that values integrity. ed.okeefe@washingtonpost.com whitlockc@washpost.com


Staff writer Shailagh Murray contributed to this report.


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