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O’Reilly says Obama should just sign an executive order to end DADT

Timothy Kincaid

July 27th, 2010

With Jay Leno on the Tonight Show:

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“Look, it’s just not fair.”



July 27th, 2010 | LINK

Talk about obvious trolling. The man is bothered by a gay character in a McDonald’s ad! Suddenly he’s on our side? Baloney. He knows an executive order can’t supercede a law passed by Congress, and the next Republican president would just rescind it anyway. Pure theatrical nonsense.

July 27th, 2010 | LINK

Well, of course he can say that, knowing that such an order would be illegal, giving his side more fuel while doing nothing good for those serving.

July 27th, 2010 | LINK

When I googled Bill O’Reilly & DADT, I got a statement from Jan ’10. He said DADT isn’t anti-gay, it’s about making ppl comfortable in the barracks.

Quite the epiphany lately.

Will we be hearing him redress remarks like that?

July 27th, 2010 | LINK

I see no reason to doubt O’Reilly’s sincerity here, and it is most welcome. There is nothing illegal about an executive order. If anything, it should be illegal to vote on basic human rights in the first place.

Once thousands of GLBT service people are out, you cannot force them back in the closet – the idea that a future president would reverse such an order is hysteriical nonsense.

However, the US military does have a serious problem with evangelical extremists who have wormed their way into the command chain. This must be resisted in the strongest possible way.

July 27th, 2010 | LINK

There are many reasons to doubt his sincerity–you really don’t see them? He takes every opportunity to belittle gay people on his show all the time, he was even angry that another country aired a gay commercial. He even has voiced support for DADT in the past. And no, the President shouldn’t be able to defy the law with an executive order; even a law as odious as DADT. A President with that much unchecked power would be very dangerous. It’s quite clear that Bill is trolling and kissing up to the liberal Los Angeles audience.

Timothy Kincaid
July 27th, 2010 | LINK


Bill O’Reilly is not an ally of our community. But he also does not “take every opportunity” to belittle gay people. I think that perhaps you are getting second hand information which is not being reported to you in a way that allows you to make informed opinions.

July 27th, 2010 | LINK

Adrian: Executive orders that directly and explicitly contradict laws passed by Congress and signed by the President are not illegal?

July 27th, 2010 | LINK

O’Reilly has contradicted himself more than a few times. And he’ll take any opportunity to give Obama a criticism!

I would love for Obama to put an executive order ending DADT, but it already looks like it’s going to be a tough reelection campaign and you know the Republicans would jump on that in a minute.

July 27th, 2010 | LINK


You’re both right and wrong here. A President cannot simply make a law passed by Congress go away with an Executive order. However, when that law explicitly provides a trapdoor…

Here’s the relevant bit of 10 U.S.C. § 654 (The DADT law) You can read the whole thing here. It’s actually not that long.

(e) Rule of Construction.— Nothing in subsection (b) shall be construed to require that a member of the armed forces be processed for separation from the armed forces when a determination is made in accordance with regulations prescribed by the Secretary of Defense that—
(1) the member engaged in conduct or made statements for the purpose of avoiding or terminating military service; and
(2) separation of the member would not be in the best interest of the armed forces.

It’s that bit of text at the end there that everyone hangs their Executive order hat on. An order from the President specifying that separation of LGBT soldiers is not in the interest of the armed forces would seem to satisfy this.

July 28th, 2010 | LINK

A federal statute cannot be undone by an executive order. O’Reilly should know that . . . but Jay Leno should have known that too and called him out on it.

I was really pleased to see Jay Leno’s comments about how senseless DADT is and I hope that those thoughts resonate with citizens and policymakers.

July 28th, 2010 | LINK

“It’s that bit of text at the end there that everyone hangs their Executive order hat on. An order from the President specifying that separation of LGBT soldiers is not in the interest of the armed forces would seem to satisfy this.”—Yes, but would that not make things worse? Executive orders change every time we get a new president, and it seems to me that one of the worst things to do would be to allow open service for a couple of years and then, after people have come out, remove it again. If there were any assurance Obama would remain in office through a second term, it wouldn’t matter so much because by then everyone would be too used to the idea to go back; but there’s a fair chance he’ll lose reelection.

July 28th, 2010 | LINK

I think he’s a bit schizo. He goes from pandering to the dark side to reasoned thought in one fell swoop. Megalomaniac.

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