Date: Sun, 25 Jan 1998 08:09:23 -1000 From: Mia H H Lam Subject: Servicemembers Legal Defense Network update (fwd) ---------- Forwarded message ---------- Date: Sat, 24 Jan 1998 23:42:05 -1000 From: Manoa Task Force on Sexual Orientation To: Task Force on Sexual Orientation Subject: Servicemembers Legal Defense Network update (fwd) Evidence Mounts Against Military's Efforts to Discharge Naval Officer America Online and Author of 'Don't Ask, Don't Tell, Don't Pursue' Question Military's Actions ------------------------------------------------------------------------------ -- Thursday January 22, 9:22 am Eastern Time Company Press Release SOURCE: Servicemembers Legal Defense Network WASHINGTON, Jan. 22 /PRNewswire/ -- As attorneys for Chief Petty Office Timothy R. McVeigh continue to fight military discharge proceedings against him, their efforts got a boost today as America Online and the author of the ``Don't Ask, Don't Tell, Don't Pursue'' policy openly criticized the military's handling of the situation. Meanwhile, after hearing oral arguments today from McVeigh's attorneys and those for the government, Judge Stanley Sporkin of the U.S. District Court for the District of Columbia has until midnight Friday to issue his ruling on whether to grant a further delay of McVeigh's discharge. McVeigh, the subject of military discharge proceedings because he used the word ``gay'' to describe his marital status on his America Online user profile, is seeking a temporary restraining order or longer-term preliminary injunction in order to remain in the Navy pending a further review of the case. McVeigh's honorable discharge, scheduled to take effect last Thursday, January 15, was initially delayed for six days after his attorneys filed a last-minute lawsuit against the government. The suit, which is pending, claims that the Navy unlawfully obtained information about McVeigh from America Online without a warrant or court order as required by the 1986 Electronic Communications Privacy Act (ECPA), and breached the limits on investigations under the Pentagon's ``Don't Ask, Don't Tell, Don't Pursue'' policy. In a statement released earlier today, America Online admitted error as a result of its internal investigation into the McVeigh incident. ``Our member services representative did confirm information presented to him by the Navy. This clearly should not have happened and we regret it.'' The company is instituting additional measures to bolster privacy policies and procedures. AOL also delivered a blistering attack on the Navy's tactics used to obtain information about McVeigh: ``The Navy deliberately ignored both Federal law and well-established procedures for handling government inquiries about AOL members,'' the company's statement said. ``The Navy investigator who telephoned AOL did not identify himself properly and did not reveal the true purpose of his call.'' The company has sent letters of protest to the Navy and the Department of Defense insisting they ``use proper legal procedure in the future.'' Another serious blow to the government's efforts emerged today when the author of the military's ``Don't Ask, Don't Tell, Don't Pursue'' policy, professor Charles Moskos of Northwestern University, issued a highly critical declaration on the McVeigh controversy. ``I have reviewed the facts of the McVeigh case and in my opinion, if the Navy violated the Electronic Communications Privacy Act by seeking confidential information from an online service provider illegally, the case against McVeigh should be dropped,'' Moskos stated. ``It should be axiomatic that the Navy must abide by the law in conducting its investigations under the 'Don't Ask, Don't Tell, Don't Pursue' policy.'' C. Dixon Osburn, Co-Executive Director of the Servicemembers Legal Defense Network, said after the federal court hearing today, ``Senior Chief McVeigh has served our country with distinction for 17 years fighting to uphold the laws of the land. He stands to lose everything including his pension because the Navy broke two laws: the Electronic Communications Privacy Act and 'Don't Ask, Don't Tell, Don't Pursue.' We look forward to Judge Sporkin's ruling and hope that the court will right this terrible wrong.'' McVeigh, who traveled from his base in Hawaii to attend the proceedings, says he holds no animosity toward the Navy and looks forward to continuing his service in the military. http://biz.yahoo.com/prnews/980122/dc_mcveigh_1.html ------------ Forwarded by Brooks G Bays Jr UH Manoa Task Force on Sexual Orientaion SOEST Illustration