Senator Harry Reid Says Obama Should Sign Order on Gay Troops, SLDN Also Joins Call for Executive Option

SANTA BARBARA, CA — Senate Majority Leader Harry Reid has called on President Obama to sign an executive order suspending the “don’t ask, don’t tell” policy, according to the Advocate magazine.

Referring to the repeal of the ban, Reid told Advocate reporter Kerry Eleveld that, “My hope is that it can be done administratively.” Eleveld added that, “A Democratic aide later clarified that Reid was speaking about the possibility of using an executive order to suspend discharges or perhaps halting enforcement of the policy by changing departmental regulations within the Department of Defense.”

As well, the Servicemembers Legal Defense Network (SLDN) has called on President Obama to sign an executive order. In a letter to the New York Times yesterday, SLDN Executive Director Aubrey Sarvis wrote that, “President Obama should consider all viable options he can take on his own to get rid of this discriminatory law, including issuing a ‘stop-loss’ order.” For more than a decade, SLDN has been the largest and most influential group in the country working on the “don’t ask, don’t tell” policy.

The idea of ending the ban by executive order gained momentum after the release last month of a Palm Center study showing that the president has the authority to suspend “don’t ask, don’t tell” via a stroke of the pen. Before that time, many argued that only Congress or the courts could lift the ban on service by openly gay troops.

Others calling for the President to sign an executive order include the New York Times editorial page, the Human Rights Campaign, Knights Out, an organization of gay and lesbian alumni of the U.S. Military Academy at West Point, Los Angeles Gay and Lesbian Center CEO Lorri Jean, and former Clinton White House official Richard Socarides.

Palm Center Director Aaron Belkin said that awareness of the executive option has changed the conversation about “don’t ask, don’t tell” substantially. “Obama used to duck the issue by blaming Congress for the inertia. Now it’s clear that he has unilateral authority to fulfill his campaign promise.”

The Palm Center is a research institute at the University of California, Santa Barbara. The Center uses rigorous social science to inform public discussions of controversial social issues, enabling policy outcomes to be informed more by evidence than by emotion. Its data-driven approach is premised on the notion that the public makes wise choices on social issues when high-quality information is available. For more information, visit www.palmcenter.ucsb.edu.

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For gay couples, married matters

Five years after the first same-sex weddings in Massachusetts, gay and lesbian couples express deeply traditional reasons for deciding to wed and cite equally conventional benefits flowing from marriage, according to a study being released this week.

A significant majority of the 558 gay men and women surveyed said that since marrying, they feel more committed to their spouses, more accepted in their community, and more likely to be open about their sexual orientation at work.

The survey indicates that there is something universal about the legal protections and social advantages afforded by the institution of marriage, said the study’s authors from the University of California, Los Angeles as well as independent researchers. And it suggests, they said, that a ritual once scorned even by many same-sex couples has the power to ease discrimination.

“This really helps us confirm and makes us understand why same-sex couples demand marriage – if it’s just about the legal rights, why wouldn’t they be happy with civil partnerships?” said Stephanie Coontz author of “Marriage, A History.”

“They want access to that word that is so highly valued by our society and by other people.

“It is one thing not to invite your child’s girlfriend or boyfriend to dinner,” said Coontz, a professor at The Evergreen State College in Olympia, Wash. “It is quite another thing not to invite the spouse.”

Same-sex marriages began in Massachusetts on May 17, 2004, after the Supreme Judicial Court declared that gay and lesbian couples had the right to wed. The ruling ignited a political and social maelstrom in Massachusetts and beyond, but since then four other states – Connecticut, Iowa, Maine, and Vermont – have extended marriage rights to same-sex couples. Lawmakers in New Hampshire are currently debating whether to make their state the next to do so.

The study was prepared and paid for by UCLA’s Williams Institute, which examines legal and public policy issues related to sexual orientation and is funded by foundations and individuals, including supporters of gay marriage.

The authors of the survey, which consisted of about 30 questions, said they regarded it as an initial assessment of gay marriage, largely designed to explore issues arising during public debate rather than to delve into more personal aspects of couples’ relationships. For example, researchers asked whether respondents’ children had faced taunting as a result of their parents’ same-sex marriage – only 5 percent had – but did not ask how happily married partners were.

“We’ve been interested in the impact of marriage for a long time,” said Lee Badgett, researcher director of the Williams Institute and senior author of the study. “I’ve been combing the universe for data, but there just aren’t that many places to look at same-sex couples who are literally married.”

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New Study Says Obama Can Halt Gay Discharges With Executive Order

Military Law Experts Chart Course to End 16-Year Ban

SANTA BARBARA, Calif. — A study released today by a team of military law experts shows that the president has the legal authority to end gay discharges with a single order. The idea of ending the ban by executive order has gained momentum in the wake of news that mission-critical personnel, including Arabic language speaker Dan Choi, continue to be fired under the Obama administration because they’re gay. Congressman Rush Holt endorsed an executive order to end the ban on Saturday and National Security Adviser James Jones was asked about it by George Stephanopoulos on Sunday morning. The report, “How to End Don’t Ask, Don’t Tell: A Roadmap of Political, Legal, Regulatory, and Organizational Steps to Equal Treatment,” is sponsored by the Palm Center at the University of California, Santa Barbara.

Many have argued that only Congress can lift the ban on service by openly gay troops. But according to the study, Congressional approval is not needed. Dr. Aaron Belkin, Director of the Palm Center and a study co-author, said “The administration does not want to move forward on this issue because of conservative opposition from both parties in Congress, and Congress does not want to move forward without a signal from the White House. This study provides a recipe for breaking through the political deadlock, as well as a roadmap for military leaders once the civilians give the green light.”

There are three legal bases to the president’s authority, the report says. First, Congress has already granted to the Commander in Chief the statutory authority to halt military separations under 10 U.S.C. 12305, a law which Congress titled, “Authority of President to suspend certain laws relating to promotion, retirement, and separation.” Under the law, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States during a “period of national emergency.” The statute specifically defines a “national emergency” as a time when “members of a reserve component are serving involuntarily on active duty.”

The second and third bases of presidential authority are contained within the “don’t ask, don’t tell” legislation itself. The law grants to the Defense Department authority to determine the process by which discharges will be carried out, saying they will proceed “under regulations prescribed by the Secretary of Defense, in accordance with procedures set forth in such regulation.” Finally, the law calls for the discharge of service members if a finding of homosexuality is made, but it does not require that such a finding ever be made. According to the study, these provisions mean that the Pentagon, not Congress, has the “authority to devise and implement the procedures under which those findings may be made.”

Diane H. Mazur, Professor of Law at the University of Florida College of Law and another study co-author, said the presidential authority to stop firing gay troops, known as “stop-loss,” is different from the highly unpopular stop-loss policy that the Army recently announced it would phase out. “That use of stop-loss forcibly extends service by those who wish to leave the military,” she said, “whereas suspending discharges for homosexuality would do the opposite: allow ongoing service by those who wish to remain in uniform.” The study says the provisions of the stop-loss law, which are granted by Congress, are “sensible because they give the President authority to suspend laws relating to separation when a national emergency has strained personnel requirements.”

The other four authors of the study in addition to Mazur and Belkin are Dr. Nathaniel Frank, a Palm researcher and author of “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America”; Dr. Gregory M. Herek, Professor of Psychology at the University of California, Davis; Dr. Elizabeth L. Hillman, Professor of Law at the University of California Hastings College of the Law; and Bridget J. Wilson, who practices law at Rosenstein Wilson & Dean in San Diego. The report will also be published in a forthcoming book, “Department of Defense Social Policy Perspectives 2010,” edited by James Parco, David Levy and Fred Blass.

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Time To Repeal Don’t Ask Don’t Tell

During his campaign for the White House, President Obama pledged that he would push to repeal “Don’t Ask Don’t Tell” (DADT) — the military’s policy that bars gay men and women from serving openly. Since taking office, however, Obama and other officials serving in his administration have pushed the issue to the back burner. When asked about addressing DADT in March, Defense Secretary Robert Gates said, “I feel like we’ve got a lot on our plates right now and let’s push that one down the road a little bit.” Ret. Gen. Jim Jones, Obama’s national security adviser, told the President recently “not to add another controversy to his already-full plate.” On ABC’s This Week, host George Stephanopolous asked Jones if the policy would be overturned. “I don’t know,” he replied. In fact, the White House website recently watered down language on repealing the policy, replacing the administration’s commitment to “repealing” DADT with a commitment to simply “changing Don’t Ask Don’t Tell in a sensible way.” (The more definitive “repeal” language has since been reinserted.) At the same time, Obama has indicated that he remains committed to repealing the policy. Sandy Tsao, an Army officer who told her superiors last January that she is gay, wrote to Obama urging him to act on repealing DADT. Last week, Obama personally responded to Tsao, writing, “I committed to changing our current policy. Although it will take some time to complete. … I intend to fulfill my commitment!”

DADT STILL CLAIMING CASUALTIES: DADT continues to weaken our nation’s military. Last week, the Army sent National Guard Lt. Daniel Choi — a West Point graduate who served in Iraq and is fluent in Arabic — a letter informing him that he is no longer welcome in the U.S. military because he is gay. The Army said it was dismissing Choi for “moral or professional dereliction,” specifically for admitting “publicly that you are a homosexual, which constitutes homosexual conduct. Your actions negatively affected the good order and discipline of the New York Army National Guard.” Choi is one of more than 13,000 U.S. military personnel to be discharged because of DADT. This number includes those with special skills deemed “mission critical,” such as pilots, combat engineers, and linguists like Choi. The Government Accountability Office found in 2005 that the cost of discharging and replacing servicemembers fired because of their sexual orientation during the policy’s first 10 years totaled at least $190.5 million — roughly $20,000 per discharged service member. While DADT cannot be repealed without congressional action, University of California associate professor Aaron Belkin notes that as president, Obama has the authority to suspend enforcement of the policy. Though it is unclear whether Obama will take this route (especially based on Jones’s advice), Choi said on MSNBC last week that he plans to “fully fight” his dismissal “tooth and nail.” “I believe that ‘Don’t Ask, Don’t Tell’ is wrong, and what we really need to be encouraging soldiers to do is to don’t lie, don’t hide, don’t discriminate, and don’t weaken the military. That’s what we need to be promoting,” he said.

REPEAL DADT: Supporters of the discriminatory DADT often argue that repealing it would weaken the military (despite the fact that Arabic-linguists who are in short supply have been discharged because of it) and fragment unit cohesion. However, a bipartisan study commissioned by the Palm Center at the University of California last year found that “the presence of gays in the military is unlikely to undermine the ability to fight and win.” Choi said that “the biggest thing” he is “angry about” is that the Army claims that his unit suffered “good order and discipline” because he is gay. “That’s a big insult to my unit,” he said. After he came out as gay and before he was discharged, Choi said that “so many people came up to me, my peers, my subordinates, people that outranked me, folks that have been in the Army — and this is an infantry unit, infantry men that — coming up to me and saying, ‘Hey, sir, hey, Lieutenant Choi, we know, and we don’t care. What we care about is that you can contribute to the team.’” Indeed, a December 2006 survey of servicemembers who had served in Iraq or Afghanistan found that 73 percent of those polled were “comfortable with lesbians and gays.” Moreover, the American public doesn’t care either. According to a recent Quinnipiac poll, nearly two-thirds disagreed with the argument that “allowing openly gay men and women to serve in the military would be divisive for the troops and hurt their ability to fight effectively.” Ret. Marine Corps Brig. Gen. Hugh Aitken, who participated in the Palm Center’s study, has criticized Obama’s plans to allow the Pentagon to review the policy before deciding to act on any repeal. “There’s been enough studying throughout the years,” he said. “Creating a new study will not change the facts.”

RIGHT WING STILL OPPOSES A REPEAL: The ultra-conservative Center for Military Readiness (CMR), a group that opposes women and gays serving in combat, is leading an effort against repealing DADT and even trying to block gays from serving in the military altogether. The group’s president, Elaine Donnelly, told Congress last year that having gays serve in the military “sexualizes the atmosphere” because they “engage in passive aggressive behavior.” CMR also tries to muddy the waters with “gay horror stories” from the military, despite having acknowledged that such stories are “very difficult to find.” Prominent members of Congress continue to obstruct as well. When asked about DADT last Sunday, Sen. John McCain (R-AZ) offered his support for it. “Right now the military is functioning extremely well in very difficult conditions,” he said, adding that “the policy has been working and I think it’s been working well.” Other members of Congress, such as Rep. Ellen Tauscher (D-CA) and Rep. Joe Sestak (D-PA), disagree. Sestak, himself a retired U.S. Navy rear admiral, said of DADT recently on MSNBC, “We have to correct this. It’s just not right.” “I can remember being out there in command, and someone would come up to you and start to tell you — and you just want to say, no, I don’t want to lose you, you’re too good,” Sestak said.

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White House Sets Record Straight on Gay Ban

SANTA BARBARA, Calif — The following was released today by the Michael D. Palm Center:

Asked today if the White House would consider halting gay discharges by presidential authority, press secretary Robert Gibbs said it would not stop the firing of gay troops. That said, Gibbs insisted that the President believes that the “don’t ask, don’t tell” policy “isn’t working for our national interests” and that he “will work with the Joints Chiefs of Staff, the administration and with Congress” to change the policy.

In recent weeks, the President’s national security team has sent mixed messages. Defense Secretary Robert Gates spoke of what action would occur “if” the policy were repealed, suggesting it may not be; and national security advisor James Jones said this weekend he was not sure if the ban would be lifted.

Scholars said that Gibbs’ comments today indicate new leadership from the White House in reassuring the public that “don’t ask, don’t tell” will be repealed. Nathaniel Frank, senior research fellow at the Palm Center, said that “today’s remarks appear to send a signal to any member of the administration who questions the President’s resolve.”

At the same time, Gibbs’ statement raised questions by gay rights experts about why President Obama, who continues to say he wants the ban terminated, would preside over ongoing discharges when he has authority to end them by executive order. The Palm Center yesterday released a report by a team of scholars and legal experts showing that the president has statutory authority to halt discharges immediately.

Richard Socarides, who worked in the Clinton administration as special assistant to the president on LGBT issues, said that the current president should exercise the short-term options he has to end the ban. “I have long supported and advocated a moratorium on further discharges,” he said today, “and I think it’s well within the president’s discretionary authority to do that immediately.” Socarides said an executive order halting discharges would be consistent with Obama’s stated belief that the policy should end.

Website: http://www.palmcenter.ucsb.edu
Website: http://www.palmcenter.org

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Experts Question Obama Plan to Consult Military on Gays, Consultations Could Backfire As In 1993

Some experts are questioning President Obama’s effort to consult with military leaders as he plans to repeal the “don’t ask, don’t tell” policy. The AP reported today that Obama “has begun consulting his top defense advisers on how to lift a ban.” But Dr. Nathaniel Frank, author of a new book on the policy, says that “Last time political leaders consulted with the military on this issue, the brass still claimed they had not been consulted, and the result was a disaster. Remember, Clinton insisted he was consulting on how, not whether, to lift the ban, and even so, we got ‘don’t ask, don’t tell.’”

Frank’s new book presents never-reported evidence indicating that military officers who wrote the blueprint for “don’t ask, don’t tell” based the policy “on nothing” but their “own prejudices and fears.” The book, “Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America,” which was released today, contains the largest collection of evidence showing openly gay service does not undermine military effectiveness. Frank is Senior Research Fellow at the Palm Center at the University of California, Santa Barbara.

Last month, a retired Marine Corp General questioned a similar Obama administration proposal to study “don’t ask, don’t tell.” “There’s been enough studying throughout the years,” said General Hugh Aitken. “Creating a new study will not change the facts.”

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Chamber to explore the economics of gay marriage

The Scarborough Community Chamber of Commerce will be discussing the potential economic effects of gay marriage Tuesday. The group, which is affiliated with the Portland Regional Chamber of Commerce, will discuss a bill sponsored by Sen. Dennis Damon, D-Trenton, that would permit gay marriage, said Scarborough Chamber President Bob Nadeau.

The Portland Regional Chamber is trying to decide whether to endorse the gay marriage bill, said Chris Hall, president of the Portland Regional Chamber of Commerce.

The issue came to light after The Williams Institute, a think tank affiliated with the University of California, Los Angeles, contacted the Portland Regional Chamber about an economic impact report that the institute is creating. Institute officials told Hall they believe passing the gay marriage law would have a $49 million positive impact to Maine, Hall said.

The report is not finalized, Hall said, but he expects to receive it within the next week.

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On Valentine’s Day, Binational Gay and Lesbian Couples Struggle to Stay Together

WASHINGTON, D.C. – Immigration Equality, the national group aimed at ending anti-LGBT discrimination in immigration law, and the Human Rights Campaign, the nation’s largest lesbian, gay, bisexual and transgender civil rights organization, lauded today’s introduction of the Uniting American Families Act. The bill, sponsored by Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT), will provide lesbian and gay Americans the same opportunity as different-sex couples to sponsor their partner for immigration purposes. During a media conference call, Rep. Nadler joined Immigration Equality Executive Director Rachel B. Tiven, HRC President Joe Solmonese, and Mexican American Legal Defense and Educational Fund Legislative Staff Attorney John Amaya to discuss the importance of this legislation, along with two binational couples who face the prospect of being forcibly separated under existing immigration laws.

“It should be an outrage to all Americans that our government continues to deny one set of citizens the fundamental rights enjoyed by the rest of its citizens,” said Rep. Nadler. “It is time that we as a society finally acknowledge that a committed, loving family is a committed, loving family, no matter whether a couple is gay or straight. It makes no difference. We should be encouraging and rewarding stable families rather than sweeping them into the margins. We must now pass UAFA, the Uniting American Families Act, and grant gay and lesbian binational families the same legal protections—and the same human dignity—as other Americans.”

“Like many people across the country, there are Vermonters whose partners are foreign nationals and who feel abandoned by our laws in this area. The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones. I hope all Senators will join me in supporting equality for all Americans and their loved ones,” said Sen. Leahy.

Under U.S. immigration law, U.S. citizens and legal permanent residents may sponsor their spouses for immigration purposes. But gay and lesbian Americans are not afforded this basic right. Consequently, many binational gay and lesbian couples are kept or torn apart. The Uniting American Families Act would allow U.S. citizens and permanent residents to sponsor their same-sex partners for family-based immigration by meeting the same standard as different-sex couples. The bill would impose harsh penalties for fraud, including up to five years in prison and as much as $250,000 in fines.

“This Valentine’s Day, thousands of gay and lesbian Americans who have fallen in love across borders must grapple with an impossible choice between being with the person they love and staying in their country,” said Immigration Equality Executive Director Rachel B. Tiven. “These couples simply want the same opportunity to prove that their families deserve to stay together.”

“For far too long, our elected officials have ignored the devastating real-life consequences that current immigration policies have had on thousands of gay and lesbian couples in loving, committed relationships,” said Human Rights Campaign President Joe Solmonese. “We thank Representative Nadler and Senator Leahy for their leadership to ensure that these couples are treated equally under the law. We commend Immigration Equality for their continued leadership in fighting this unjust policy.”

This inequality affects more than 36,000 gay and lesbian Americans, according to the 2000 Census and research commissioned by Immigration Equality and conducted by Gary Gates of the Williams Institute at the University of California, Los Angeles.

Audio of the call held today can be accessed at http://www.immigrationequality.org/blog/ and http://www.hrcbackstory.org.

Immigration Equality is the only national organization devoted to fighting for equal treatment under U.S. immigration law for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families and to winning asylum for LGBT and HIV-positive people fleeing persecution.

The Human Rights Campaign is America’s largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

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Chamber to explore the economics of gay marriage

The Portland Regional Chamber is trying to decide whether to endorse the gay marriage bill, said Chris Hall, president of the Portland Regional Chamber of Commerce.

The report is not finalized, Hall said, but he expects to receive it within the next week.

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Marine General Questions Obama Plan to Study Gay Ban, Scholars Concur that More Study is Unnecessary and Could Have Political Costs

SANTA BARBARA, Calif. — A retired Brigadier General for the U.S. Marine Corps has questioned the Obama administration’s plan to form a Pentagon commission to study “don’t ask, don’t tell.” “There’s been enough studying throughout the years,” said General Hugh Aitken. “Creating a new study will not change the facts.” Aitken participated in a comprehensive 2008 review of the policy which found that there is no evidence showing that openly gay service would harm the military, and a great deal of evidence showing it would not.

According to a February 1st Boston Globe report, the Obama administration has decided not to move forward on repealing “don’t ask, don’t tell” until the Pentagon can “undertake a detailed study of how a change in the policy would affect the military.” This may not happen for several months or longer, says the Globe article.

But scholars echoed General Aitken’s argument. Dr. Nathaniel Frank, senior research fellow at the Palm Center and author of the forthcoming book, Unfriendly Fire: How the Gay Ban Undermines the Military and Weakens America, said he has reviewed “all of the evidence on gays in the military, and there is simply no question about whether or not a policy change would undermine unit cohesion. It would not.”

Dr. Laura Miller, a well-respected military sociologist who co-authored a study on gays in the military with the late Charles Moskos, author of the gay ban, said, “you don’t need a commission to tell you that you need to retain every able, trained, experienced and productive member at a time when both the stakes and the manpower needs are high.”

Dr. Gary Gates, a UCLA scholar who has authored a number of studies on gays in the military, agreed that “the proposal to study ‘don’t ask, don’t tell’ yet again seems unnecessary. Extensive scholarly research already shows that allowing the 65,000 gays and lesbians currently in uniform to serve openly will not harm the military in any way.”

Professor Diane Mazur, a former Air Force officer who teaches at the University of Florida and who has published widely on gays in the military, added that “every research study published over the last fifteen years has concluded that military readiness is not harmed — and may be strengthened — when all qualified Americans can serve and no one has to live in secrecy.”

Relevant research includes an extensive 1993 study by the RAND corporation as well as two official military studies: a 1989 study by the Defense Personnel Security Research Center and the Navy’s 1957 Crittenden report. It also includes numerous academic studies published in leading military journals such as International Security, Armed Forces and Society, and Parameters, the official journal of the U.S. Army War College. Most recently, a bi-partisan panel of retired flag officers, which included General Aitken, released a report last year which found that “don’t ask, don’t tell” was unnecessary and harmful to the military. All these studies reached the same conclusion: that allowing open gay service would not undermine the military.

Frank’s new book, which is being called the definitive story of “don’t ask, don’t tell,” chronicles the history of the 1993 debates over gay service and shows that, even then, the word “study” quickly became code for “delay and kill.” “Sam Nunn said any review of the gay ban should begin with a ‘Pentagon study’,” said Frank. “Colin Powell said the president should move cautiously and ‘study’ the issue; Bob Dole said the president should appoint a ‘study commission’; and ultimately President Clinton called for a 6-month ‘study’ period. The result was ‘don’t ask, don’t tell’ which has made no one happy. I think there’s a lesson here.”

Dr. Aaron Belkin, director of the Palm Center and a nationally recognized expert on gay service, said that President Obama has stroke-of-the-pen authority to suspend gay discharges because, while the law mandates discharge if a “finding” is made of homosexual conduct, nothing in the law requires that such a finding be made. Given CNN’s December 2008 poll showing 81 percent public approval for open gay service, Belkin said, Obama should not hesitate to end the policy by executive order.

“Ironically, Obama’s careful effort to avoid Clinton’s mistakes could cause him to repeat them,” he said. “When President Clinton called a time-out to study the situation, that allowed opposition forces time to rally. In some cases, the Pentagon just needs to be told what to do.” Belkin said he has been told privately by top military officials that in cases like this one, they often prefer to be told what to do. “They know it’s the right step,” he said, “and sometimes they’d rather it be made for them.”