Don't Ask, Don't Tell, Don't Take Responsibility

Via Althouse:

NY Democratic Congressman Gary Ackerman leaned on Condoleezza Rice after she complained about the lack of Farsi and Arabic translators in the State Department: "It seems that the Defense Department has a 'Don't Ask, Don't Tell' when it comes to homosexuals. You don't have such a prohibition in your agency, do you?" Ackerman asked Rice.

Congressman Ackerman is full of it. I never tire of pointing out that to call "Don't Ask Don't Tell" a "military policy" is laziness, mendacity or ignorance. It is no such thing; it's statutory law, duly enacted by Congress (a Democrat-controlled Congress, no less, and signed by President Clinton). See 10 U.S.C. § 654. Should the Department of Defense arbitrarily and unilaterally abrogate 10 U.S.C. § 654? If so, what other statutory provisions does Congressman Ackerman believe that the military can, or should, choose to ignore? (I might add that asking the military to disobey this law might well be construed to be inciting insurrection, for which see 18 U.S.C. § 2383 ("Whoever incites ... assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States").

Since they have a nice, shiny new majority, and since they clearly have such disdain for Don't Ask Don't Tell -- that is, if the Democrats think that banning gays from the military is such a terrible idea (and I express no opinion either way on that point) -- why doesn't the new Democratic majority repeal Don't Ask Don't Tell? Has Congressman Ackerman introduced a bill so to do? Why not?

Now that they're back in the majority, Democrats have no standing whatsoever to criticize Don't Ask Don't Tell, until they at least move a bill repealing it through Congress (even if it ultimately gets vetoed). This isn't a military policy. It's Congress' policy. And guess what, Democrats? That means it's now your policy. Take that back to 'Frisco on your private jet, Nancy.

Post facto:
First act of new Clinton Administration: Reverse first act of old Clinton Administration (4/7/08)
Don't Ask, Don't Tell, again (2/1/10)