The Southern Voice newspaper published an article today about the White House Office of National AIDS Policy and in it mentions the removal of the head of that office from the Domestic Policy Council, covered here and then here at Law Dork, 2.0.
Here’s Director of the Domestic Policy Council Melody Barnes’ response:
In her response to the Blade’s inquiry, Barnes said the order uses “technical drafting language” to distinguish which White House staff positions are part of the Domestic Policy Council. She said the AIDS coordinator’s post has and continues to remain a member of the Domestic Policy Council.
How is this possible? There was “technical drafting language” — if by which you mean, “the law” — in the executive order that eliminated the position from the Domestic Policy Council. No language to the contrary has been issued since, to my knowledge. What is going on here?
[UPDATE: Politico adds to the confusion, including more of Barnes' response to AIDS advocacy organization:
The Domestic Policy Council executive order reflects the fact that ONAP is part of the DPC, and as a result, the head of the office automatically participates on the Council. Those listed in the executive order are departments, agencies and White House offices not part of the DPC.
Although I appreciate that the order allows the head of the Office of National AIDS Policy to "participate" in the Domestic Policy Council, the executive order issued by President Clinton and amended by President Obama makes quite clear that there are specifically identified members of the Domestic Policy Council.
The room for movement is that there is a "catch-all" provision in the E.O. for membership in the Domestic Policy Council: "Such other officials of Executive departments and agencies as the President may, from time to time, designate."
The distinction, I believe, is between whether the head of the Office of National AIDS Policy is a member of or a staff member to the Domestic Policy Council. From all that has been reported thus far, it would appear that President Obama moved the position from member to staffer. (In fairness, the Bush Administration left the post open for the past two years, so filling the post is in and of itself an improvement.)]
Popularity: 1% [?]
Chris Geidner is the award-winning senior political editor at D.C.'s Metro Weekly and has written for The Atlantic Online, The American Prospect, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found