Badpuppy Gay Today |
Friday, 30 January 1998 |
In an unusual and surprising move, Judge Stanley Sporkin today made final his decision to re-instate Senior Chief Timothy McVeigh to the U.S. Navy. Earlier this week, Judge Sporkin had issued a preliminary injunction pending the final outcome of the case in court--today the judge decided the case is over, and McVeigh wins. The judge's decision means that the Navy has been found guilty of violating both the "Don't Ask, Don't Tell, Don't Pursue policy," and the Electronic Communications Privacy Act wire-tap law, in investigating McVeigh. In an ominous development, the Navy responded by threatening to move against McVeigh again "tomorrow" if they can find enough evidence, and McVeigh expressed public concerns for his safety. While the final decision in the McVeigh case is welcome news -- the Navy's only judicial recourse is to appeal the entire case to the court of appeals, a process that could take several years -- the Navy's warnings against McVeigh are part of a larger pattern of retaliation the Navy has launched against the decorated veteran since his case began. Before the Navy began its illegal investigation, McVeigh was "chief of the boat," a position that put him in charge of the entire crew of the nuclear attack submarine USS Chicago. Since last Fall, the 17-year veteran, described as an "outstanding role model" in his last performance review, has been moved to a series of menial jobs -- including "supervising two individuals carting trash" according to his attorney, Christopher Wolf. In addition, the Navy cut McVeigh's salary by $745 per month, and that salary reduction will remain in place, the Navy says. In 1993, Senior Chief McVeigh asked his mother to move to Hawaii from Florida, so that he could care for her after she suffered a heart attack. Mrs. McVeigh to this day lives with her son, and he is her sole means of support. Of even greater concern, is McVeigh's Navy co-workers' open hostility towards him since the judge's intervention. McVeigh's lawyer told the judge that McVeigh is "legitimately concerned about his safety," to the point of fearing for his life. "We are very concerned that a situation like that in (the film) A Few Good Men does not develop," said McVeigh's lawyer, referring to the film in which the Marines "inadvertently" kill a fellow sailor while improperly administering corporal punishment. According to today's Associated Press wire story, the government's lawyer, David Glass, told Judge Sporkin that "today's ruling will not prelude the service from acting against McVeigh...should new evidence arise, 'What if we were to get some completely separate evidence tomorrow?' Glass said." "The Navy has lost its marbles," said John Aravosis, a lawyer and Internet consultant helping McVeigh on the case. "It wasn't enough for them to break federal law and disobey the Commander-in-Chief -- now they're threatening Senior Chief McVeigh's safety because the judge caught them red-handed. If they touch one hair on this guy, I promise them the biggest congressional investigation they've ever seen," said Aravosis, a former U.S. Senate staffer. "The policy is called 'Don't Ask, Don't Tell,' not 'Don't Listen, Don't Obey,'" said Bob Hattoy, a senior Clinton Administration appointee. Online privacy and civil rights advocates are urging the public and Members of Congress to intervene in this case. Wednesday House Democratic Leader Richard Gephardt dispatched a letter to Secretary of Defense William S. Cohen which said: Last November, I wrote to you to express my concern about the findings of a report, issued in February 1997 by the Servicemembers Legal Defense Network (SLDN) that indicated discharges from military service on the basis of homosexuality had increased since the adoption of the "Don't Ask, Don't Tell, Don't Pursue" policy, and to urge completion of the review of this report you ordered in May. I understand that review has still not been completed. Meanwhile, a very troubling case has occurred in which the Navy has moved to discharge a sailor, Timothy McVeigh, who has been frequently commended during his 17 years of service, for violating the "Don't Ask, Don't Tell, Don't Pursue" policy on the basis of information obtained under apparently highly questionable circumstances from an internet computer service provider. Although a United States District Court judge this week has ordered a Preliminary Injunction in Mr. McVeigh's legal proceeding that temporarily enjoins the Navy from discharging Mr. McVeigh, I remain concerned not only that this case be properly resolved but that the "Don't Ask, Don't Tell, Don't Pursue" policy be properly enforced. Therefore, I again respectfully request that the review of the SLDN's report be expeditiously completed and that both the letter as well as the intent of the "Don't Ask, Don't Tell, Don't Pursue" regulations be complied with in all cases that may arise under this policy, including Mr. McVeigh's. Citizen action—letters to Congressional representatives and to the Department of Defense and the Secretary of the Navy --remains crucial to Timothy R. McVeigh's welfare and to a just resolution of his case. What you can do: www.hrc.org |
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