US Army lieutenant Dan Choi, recently fired for being gay

Military law experts say that the US president has the legal authority to stop gay personell from being discharged from the military.

Despite this, when asked on Tuesday if the White House would consider halting gay discharges by presidential authority, press secretary Robert Gibbs said it would not stop the firing of gay troops.

Gibbs nevertheless insisted that President Obama still believes that the “don’t ask, don’t tell” ban on openly gay military personell “isn’t working for our national interests” and that he “will work with the Joints Chiefs of Staff, the administration and with Congress” to change the policy.

In recent weeks, the president’s national security team has sent mixed messages on the matter: Defense Secretary Robert Gates spoke of what action would occur “if” the policy were repealed, suggesting it may not be; and national security advisor James Jones said this weekend he was not sure if the ban would be lifted.

Nathaniel Frank, senior research fellow at the Palm Center – a research institute at the University of California – said that the “remarks appear to send a signal to any member of the administration who questions the president’s resolve.”

At the same time, questions have been raised by gay rights experts about why President Obama, who continues to say he wants the ban terminated, would preside over ongoing discharges when he has authority to end them by executive order.

The Palm Center on Monday released a report by a team of scholars and legal experts showing that the president has the statutory authority to halt the discharges immediately.

Richard Socarides, who worked in the Clinton administration as special assistant to the president on LGBT issues, said that the current president should exercise the short-term options he has to end the ban.

“I have long supported and advocated a moratorium on further discharges,” he said today, “and I think it’s well within the president’s discretionary authority to do that immediately.”

Socarides said an executive order halting discharges would be consistent with Obama’s stated belief that the policy should end.

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