Judge: Still No Evidence For Trump’s Transgender Service Ban

JM Ashby
Written by JM Ashby

Although transgender recruits may currently enlist in the military thanks to a court injunction, Trump regime lawyers are still fighting for the ban in court where they've been unable to come up with any evidence to support it.

It may be a stretch to say U.S. District Judge Marsha Pechman has mocked government lawyers, but she has put them on the spot by citing Trump's tweets in the court room.

The Trump administration has repeatedly failed to identify evidence it may use to defend the government’s stalled ban on transgender soldiers, a federal judge in Seattle says. [...]

Pechman used President Donald Trump’s July 2017 tweets announcing the ban to challenge the government’s claim, noting the president posted that he made his decision after "consultation with my generals and military experts."

"This case arises not out of any new or future policy that is in the process of being developed, but rather out of the current policy prohibiting military service by openly transgender persons, announced on Twitter by President Trump," she wrote.

In other words, if Trump consulted with his "generals and military experts," where's the evidence? Where's the rationale? Where's the beef?

The truth is he didn't consult the Pentagon before announcing the ban, but he did consult with someone. You may recall that Trump met with Mike Pence and a group of fundamentalist evangelicals at the White House before he announced the ban which the Pentagon initially refused to follow because it came in the form of a tweet rather than an actual executive order. Trump didn't issue a formal order until several months later.

No one should hold their breath waiting for Trump regime lawyers to submit credible evidence to support his transgender service ban because no such evidence exists. Trump announced his ban and then asked government lawyers to reverse-engineer a justification for it. He shot first and asked questions later.

  • Christopher Foxx

    [Trump] posted that he made his decision after “consultation with my generals and military experts.”

    Just one of the many examples of Trump claiming he did something to support his decision that he never actually did. He knows there is something he should be doing, but he never actually does it.

    Like all irredeemable liars he knows what he’s doing is wrong, otherwise why make up support for it? Somehow, it makes him even worse than if he were just simply evil.

  • muselet

    The Trump administration goes back and forth between declaring Donald Trump’s tweets as official presidential statements, and insisting Trump’s tweets are merely his personal musings on a topic.

    As for evidence, the lawyers must be weighing the well-known those people are icky! argument at this point.

    I doubt there are many judges—at the state or federal level—willing to go along with any of this nonsense. Certainly Marsha Pechman is having none of it, and good for her.

    The only questions at this point are how this case will fare at the appeals level and how big the sanctions will be for wasting the courts’ time.


    • Draxiar

      The orange menace wants to keep using Twitter as he did before he became president (dear god I’ll never get used that) and have no repercussions. Much to his inconvenience, everything he says in a public forum is subject to public scrutiny. As a public servant he can’t have his big beautiful chocolate cake and make love to it too.