Court Ruling on Transgender Military Recruits Presents Constitutional Crisis; Trump Must Act Now
Originally posted on Breitbart
“The issue that really is at the heart of this matter as far as I’m concerned is, does the president have the unquestioned authority under the Constitution of the United States Article II, which vests exclusively in him, the role of Commander-in-Chief of the United States’ armed forces, or does that authority now get subjected to the whim of any federal judge in the United States judiciary?”
Gaffney said the issue is of immediate significance for the administration as it does not appear that the Department of Justice is going to ask the Supreme Court to stay the judge’s order to compel the Department of Defense to begin enlisting more transgender individuals at the beginning of the new year.
Gaffney said he believes that makes this “nothing short of a constitutional crisis” and opens the door for a federal judge to intercede in military decisions going forward, perhaps even to the extent of countermanding a presidential order to go to war.
“That could be fatal to our republic,” said Gaffney, adding, “I think the predicate, the precedent for it is being set as we speak.”
Gaffney urged the administration “to fight this effort by the judiciary to essentially intrude upon and eviscerate his authority as commander-in-chief.”
He said the first order of business for the White House should be to order the Justice Department to seek an emergency stay by the Supreme Court, allowing for the decision to be properly adjudicated.
Added Gaffney, “I would hope that the president would try to establish through another order to the Defense Department – and by the way the Homeland Security Department because it’s responsible for the Coast Guard – that anybody who is brought in under these existing court rulings if they are not stayed – is done on a conditional basis. It seems to me that’s the bare minimum that can be done here.”
Gaffney indicated that then, if the Supreme Court does overturn current rulings, transgender individuals admitted into the military under the rulings would not be allowed to remain in the armed services.
“I believe that’s a safety valve on this and it seems to me to be a sensible one,” Gaffney said.
Mr. Gaffney is the host of Secure Freedom Radio, a nationally-syndicated radio program heard weeknights throughout the country. He is an associate author of highly acclaimed Shariah: The Threat to America and the publisher of over a dozen other books and monographs from the Center for Security Policy Press.
In April 1987, Mr. Gaffney was nominated by President Reagan to become the Assistant Secretary of Defense for International Security Policy, the senior position in the Defense Department with responsibility for policies involving U.S.-USSR relations, nuclear forces, arms control, missile defense policy and U.S.-European defense ties. He acted in that capacity for seven months during which time, he was the Chairman of the prestigious High Level Group, NATO’s senior politico-military committee. He also represented the Secretary of Defense in key U.S.-Soviet negotiations and ministerial meetings.
From August 1983 until November 1987, Mr. Gaffney was the Deputy Assistant Secretary of Defense for Nuclear Forces and Arms Control Policy under Assistant Secretary Richard Perle.
From February 1981 to August 1983, Mr. Gaffney was a Professional Staff Member on the Senate Armed Services Committee, chaired by the late Senator John Tower (R-Texas). And, in the latter 1970’s, Mr. Gaffney served as an aide to the late Senator Henry M. “Scoop” Jackson (D-Washington) in the areas of defense and foreign policy.
Mr. Gaffney holds a Master of Arts degree in International Studies from the Johns Hopkins University School of Advanced International Studies and a Bachelor of Science in Foreign Service from the Georgetown University School of Foreign Service.
Mr. Gaffney’s leadership has been recognized by numerous organizations including: the Department of Defense Distinguished Public Service Award (1987), the U.S. Business and Industry Council’s Defender of the National Interest Award (1994), the Navy League of the United States’ Alfred Thayer Mahan Literary Achievement Award (1999), and the Zionist Organization of America’s “Louis Brandeis Award” (2003), the Western Conservative Summit’s Stephen H. Long Award (2015), the Council for National Policy’s George Washington Military Leadership Award (2016) and the IMPACT Award from Ginni Thomas and United in Purpose (2017).
Mr. Gaffney was born in 1953 and resides in the Washington, D.C. area.
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