Military / Military Law

A Few Good... Boys and Girls?

If we hadn’t already bestowed Lawyer of the Day honors on Angela West, the Harvard Law grad who maybe shouldn’t have had that extra espresso shot at Peet’s, we’d give them to Lieutenant Commander Mark Tilford. He’s an attorney for the Judge Advocate General’s Corps down in Corpus Christi, Texas.

One would expect a lawyer for the military — the Navy, no less — to be a paragon of virtue. But if the federal criminal charges against him are true, Lt. Cmdr. Tilford may have been more interested in probing than probity.

According to the Corpus Christi Caller Times, Tilford has been indicted on charges of receiving and distributing child pornography. And this might not be his first sex-related brush with the law….

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Here’s a nice surprise on this otherwise quiet Saturday afternoon in late December. The Senate just voted to repeal “don’t ask, don’t tell,” the legal ban on gays and lesbians serving openly in the military. The vote to repeal the law was 65-31, with eight Republicans joining the Democrats.

For additional discussion and analysis, see the links below.

Senate Repeals ‘Don’t Ask, Don’t Tell’ [New York Times]
DADT Repeal Passes Senate 65-31, Heads to the President’s Desk [Poliglot / Metro Weekly]
Obama’s Long Game: 65 – 31 [The Daily Dish / Andrew Sullivan]

Don’t say I never did anything for you — I’m creating jobs. Okay, I’m creating a job. Well, not a full-time job, just a freelance writing gig. (But at least it pays more than this legal job or this one.)

Yes, after some deliberation, I’ve decided to step away from writing the small law firm column I helped start back in September. What alternative endeavor, you ask, could possibly draw me away from the highly lucrative world of blogging?

Glad you asked. In lieu of my twice-a-week column here (and my day job), I’ve accepted an offer to join the Army’s JAG Corps as a full-time, active duty sold… lawy… soldier-lawyer. Yes, like Tom Cruise in A Few Good Men (except less attractive and not the Navy).

Yes, this is something I want. No, I’m not crazy — just want to do something awesome. The government is going to pay me to undergo weapons training, learn land navigation, stay in shape, and — oh yeah — be a lawyer. It’s a four-year commitment, and if anyone is interested, I’m going to try and chronicle with my journey over at my personal blog: (A)musing Dick. (I’m not sure how that will go because, as Lat knows, blogging and government work don’t always mesh very well.)

The important thing here is that there’s a writing opportunity available. Read on if you’re interested….

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I’d have to say I’m not particularly optimistic that they’re going to get this done.

— Defense Secretary Robert M. Gates, discussing whether or not the Senate will vote to repeal “don’t ask, don’t tell” before the end of this year.

This legal uncertainty is not going away anytime soon.

Jeh Johnson, general counsel to the Defense Department (and former Paul Weiss partner), also discussing DADT.

This year has been a big one for LGBT rights litigation. There was Judge Vaughn Walker’s ruling in Perry v. Schwarzenegger, striking down Proposition 8′s ban on gay marriage in California. There were the Massachusetts decisions by Judge Joseph Tauro, holding unconstitutional section 3 of the Defense of Marriage Act (DOMA). And in a decision handed down late tonight, Judge Virginia A. Phillips (C.D. Cal.) ruled that the military’s “don’t ask, don’t tell” policy violates the constitution.

You can read the 86-page ruling here. It has what has to be one of the best case captions in recent memory: Log Cabin Republicans v. United States of America.

Congratulations to the Log Cabin Republicans on their victory. Maybe the resulting goodwill in the gay community will allow you guys to get dates? At least for this weekend.

UPDATE: A gay veteran’s (critical) take on the opinion, plus links to the opinion and additional news coverage, after the jump.

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The Proposition 8 case — a ruling on the motion to stay judgment pending appeal is expected any minute now — isn’t the only gay-related litigation going on these days.

As reported in the New York Times, lawyers for Lt. Col. Victor Fehrenbach filed a lawsuit yesterday in federal court in Idaho. They’re seeking a temporary order blocking his discharge from the Air Force for violating the military’s ban on homosexuality.

Discharge. Hehe. The NYT article actually contains several fun double entendres.

But there are interesting legal issues here, too….

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