Don't Ask Don't Tell Institutionalizes Dishonesty and Violates Government Ethics

Changing this policy is presumably once again toward the top of the agenda at the White House and perhaps in Congress.  The policy has not been discussed extensively by critics as a problem of government ethics.  It should be. 

I state in the below letter to the President in November 2009 that dont' ask don't tell institutionalizes dishonesty in a part of government -- the military -- where open communication is critical. 

When Defense Department lawyers participate in discharging a soldier for the simple act of telling the truth the lawyers are involved in conduct involving dishonesty and deception.

It is perhaps time for readers of these pages to weigh in, not just here but with Congress.

Richard W. Painter

.Download Letter -- Don't Ask

Comments

[John Steele]

Richard,

it's a good letter.

[Andrew Perlman]

Agreed. If you want to draft a similar letter on behalf of law professors (or legal ethics professors), I suspect a lot of people would sign. I'd be happy to help coordinate it.

And welcome aboard the blog, Richard. I'm delighted you're joining us!

[Judith]

I like the letter. Although it is rather sad that you write "I am offended to see the government institutionalize dishonesty." This same dishonesty was the policy when you were serving President Bush. I guess we can assume you've been offended for 17 years now, and just now think it is time to share your feelings with others.

[Richard Painter]

This blog is s staid one indeed, perhaps a bit boring.

A colleague posted my letter over on Volokh Conspiracy and got 50 comments in two hours. I learned all sorts of things, including the fact that everybody lies in government, so it doesn't matter, and that the discharge is really for "misbehavior." Then there is the story about how mass murder in the Balkans resulted from NATO forces having gay soldiers in the ranks (I found that story a bit hard to follow but it was -- interesting).

The bottom line is that people who write and talk about ethics just can't compete when it comes to creative thinking.

RWP

[Richard W. Painter]

For those interested in following comments on this letter from a less friendly audience, see

http://volokh.com/2010/04/06/add-bad-ethics-to-the-problems-of-dont-ask-dont-tell/

One more thing. This policy was adopted by the Clinton Administation with support for the policy from key Democrats and Republicans in Congress. Many people serving in the Clinton Administration were offended by it and later some people serving in the Bush Administration were offended by it. Some people spoke their minds publicly, some privately and some not at all. Perhaps more people should have spoken publicly, including myself. I doubt, however, it would have done much good. If more outspoken criticism from political appointees could have resulted in a policy change, it would probably have been during the Clinton years. That did not occur.