by Stephen M. Saideman
“We don’t have guidance. We have a tweet. We don’t execute policy based on a tweet.” Capt. Jeff Davis, DoD spox on @POTUS’s transgender ban.
— Jamie McIntyre (@jamiejmcintyre) July 27, 2017
Yep, no process, no policy, no implementation. I wrote yesterday that Trump’s transgender in the military “policy” would depend on how the military would feel about implementation. Well, from the very top, the attitude is: wait and see. More than that: a smidge of contempt seems to be in the reaction:
Dunford has informed service
members that there will be “no modifications to the current policy until
the President’s direction has been received by the Secretary of Defense
and the Secretary has issued implementation guidelines.”“In the meantime, we will continue to treat all of our personnel with
respect,” Dunford wrote in a memo to the military that was obtained by
CNN. “As importantly, given the current fight and the challenges we
face, we will all remain focused on accomplishing our assigned
missions.”CNN (I would have cited NYT but they don’t let me cut and paste!)
If Dunford were General (ret.) Kelly of Homeland Security, he might have taken the tweet and ran with it, as Kelly enforced an immigrant ban with very little backing it up. Dunford, like the other active senior officers, has opposed kicking transgender people out even as they hem and haw on how to deal with recruiting. So, this agent has preferences that are distinct from the principal and, as a result, does not imagine what the tweet actually means, but instead asks for the paperwork to be done.
And, yes, DC runs on paperwork …. or Word docs shipped around town as attachments to emails (yes, on the classified servers mostly). Since Mattis has thus far been silent (did he say anything while I was at Costco?), Dunford went ahead and interpreted how far he could go and went pretty far. I had some responses on twitter asking for him to do more. Such folks don’t understand civil-military relations–that civilian control of the military means that the civilians have the right to be wrong (which they are here), that the military must obey clear orders. But they can fudge implementation if the orders are not clear or are not handed down through the chain of command. Dunford could have started a process to weed out the transgender soldiers, sailors, marines and aviators, but chose not to do so. This is kind of a work-to-rule thing, where resistance of this form is merely following the rules. Trump would need to find another general who is more enthused about discrimination to get faster action. Firing a Chairman for this? Unlikely.
Finally, it is good to see someone indicate that a tweet may be a policy direction but is not a policy itself.