On Gillibrand’s DADT Amendment

Sen. Gillibrand (D-NY)

Sen. Gillibrand (D-NY)

It’s clear that the possibility of a primary challenge from Rep. Carolyn Maloney* to Sen. Kirsten Gillibrand has the junior New York senator on the run.  But in trying to run, it’s not quite clear that Gillibrand is taking smart political steps.

The news came this morning that Sen. Gillibrand was considering action to put a moratorium on Don’t Ask, Don’t Tell investigations for 18 months, while the groundwork on a full repeal could be accomplished, and that the amendment could come as soon as Tuesday.

Great news, right?  Well, maybe.

It is not apparent that anyone else has been consulted on this — at least not the “introduction” part (or the part where someone with knowledge of Sen. Gillibrand’s plans talked to The Daily Beast’s Jason Bellini, who broke the story this morning).

Representative Patrick Murphy, who has taken the lead on the repeal of Don’t Ask, Don’t Tell in the House, has never mentioned a moratorium.  Even if Bellini is right that the Human Rights Campaign and the Servicemembers Legal Defense Network had “shopped the idea around,” it’s clear that Gillibrand jumped the gun or just flat-out took the idea for herself and ran with it.

Bellini’s piece quotes an SLDN representative as saying only that: “Gillibrand is one of those senators we’ve talking to about doing this.”  An HRC representative, in a piece published at the Washington Blade later in the day, wouldn’t even go that far:

Allison Herwitt, legislative director for the Human Rights Campaign, said in a statement that HRC believes a moratorium amendment should be introduced only if there is enough votes to fully overturn “Don’t Ask, Don’t Tell.”

“HRC believes that this temporary repeal amendment should only be offered and voted on if we are confident that there are sufficient votes to advance the issue of permanent repeal of ‘Don’t Ask, Don’t Tell,’” she said. “It is not yet clear that threshold can be achieved this week. However, we remain committed to exploring every possible option available to stop the discharges of honorable men and women standing on the front lines protecting the safety and security of all Americans.”

In the Bellini piece, he wrote: “A Senate staffer familiar with the matter says Gillibrand may introduce her amendment on Tuesday to the Defense reauthorization bill.”  Although Gillibrand’s spokeswoman said the decision to introduce the amendment is not “final,” she is quoted as saying that “this is part of an ongoing effort to repeal this policy.”

By the Blade’s piece, though, that was being walked back a bit:

“This is still, like, very much in the planning stages,” Lesser said. “[Gillibrand] is looking more big picture. She wants to repeal ‘Don’t Ask, Don’t Tell’ overall, and she’s working with Sen. [Ted] Kennedy’s office and Congressman [Patrick] Murphy’s office to garner support for this through Congress. So that’s more of her focus — this bigger picture.”

So, the idea might be a good one, and certainly the repeal of Don’t Ask, Don’t Tell is Gillibrand’s goal.  But, it’s not quite clear whether New York’s newest Senator is on the ball when it comes to consulting her staff, colleagues or coalition partners on her plans.

And when a primary challenge is headed straight at you, those are three groups you’d rather have fully on your side.

* = Error referring to Rep. McCarthy, rather than Rep. Maloney, has been fixed. -Ed.

[UPDATE: I just received this comment from Alex Nicholson, the Executive Director of Servicemembers United:

Servicemembers United is generally aware of several interim proposals to weaken DADT that have been shopped around to various Senate offices, and the organization has been involved in some of that work itself. SU has not, however, seen the text of this specific proposal, nor has Senator Gillibrand's office or SLDN been in contact with SU about this particular option as of yet.

So, Servicemembers United also had not been in the loop with Gillibrand on this issue.]

* * * * *

This wasn’t Sen. Gillibrand’s only stumble of the day.

In today’s Senate Judiciary Committee hearings on the nomination of Sonia Sotomayor to the Supreme Court, Chairman Leahy finally cut her off from her introduction of Judge Sotomayor, which was repetitive of Sen. Schumer’s introduction that immediately preceded it — not to mention half of the Democratic senators on the committee, whose opening statements had preceded the introductions.

Then, she, oddly, asked Leahy for “20 more seconds” to wrap up.

Although, technically, it wasn’t Gillibrand’s fault that she was interrupted, it was certainly not the TV debut she’d hoped the introduction to be.

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About the Author

Chris Geidner is the award-winning senior political writer at D.C.'s Metro Weekly and has written for The Atlantic Online, 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 here, and you can follow him on Twitter.