RIVERSIDE -- U.S. District Court Judge Virginia A. Phillips this afternoon tentatively rejected the Department of Justice’s request for a stay of her worldwide injunction that bars enforcement of the military’s discriminatory “Don’t Ask, Don’t Tell” policy.
It was a tentative decision, however, as the judge would issue a formal ruling on the matter either later today or tomorrow.
DOJ attorneys vowed to appeal the case to the Ninth U.S. Circuit Court of Appeals in San Francisco.
Judge Phillips scoffed at DOJ attorneys, who submitted flimsy evidence about why the suspension of the DADT policy was detrimental to the military. She also said the request for a stay was untimely.
Among the “evidence” the DOJ presented was a recent Rolling Stone interview with President Barack Obama, which Judge Phillips derided as “hearsay.”
Attorneys for the plaintiffs, the Log Cabin Republicans, noted that nearly a week has passed since the judge issued the injunction and that no evidence has been presented by the Pentagon that the military is experiencing irreparable harm.