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Man Files Lawsuit Over Dropped DADT Case

09/05/09-Bridgette P. LaVictoire
What would you do for a job with the Obama Administration?

Would you throw a case?

That is what former Army captain and lawyer James Pietrangelo II is alleging in his suit against Wilmer Cutler Pickering Hale and Dorr LLP with regards to a lawsuit that was aimed at bringing down the policy known as Don’t Ask- Don’t Tell.

Pietrangelo and 11 others sued the United States government over DADT in a suit known as Cook v. Rumsfeld.

However, shortly after President Obama was inaugurated the law firm WilmerHale dropped the case and asked the Supreme Court not hear Pietrangelo’s independent appeal of this case.

The press reports from WilmerHale portray a joint decision with gay-rights groups to allow for the suit to be dropped in order to either allow a California case based on the constitutionally of Don’t Ask-Don’t Tell brought by Air Force Major Marjory Witt on this issue to proceed or to see how Obama dealt with Don’t Ask, Don’t Tell legislatively.

Supposedly, according to Pietrangelo, lawyers from WilmerHale were to be offered jobs for not taking the case to the Supreme Court. He has filed suit against them, and filed a complaint with the DC Bar Association for gross misconduct.

Right now both sides are busy flinging mud at each other and trying to disparage each other’s character. WilmerHale has filed for a motion to dismiss the case against them, probably for lack of proof.

While it is true that more than 20 of WilmerHale’s former lawyers are now working for the White House, including Stuart Delery the man who signed the pro bono agreement with Pietrangelo, it may be very difficult to prove that there was some kind of deal between the law firm and the White House.

It has also been pointed out that Pietrangelo is one of these people who have an almost addiction to filing lawsuits and has in the past filed lawsuits for things including the mishandling a hot dog. Whether or not that case had any merit has not been reported.

And whether or not the law firm WilmerHale actually had an agreement with the Obama Administration to sell out this case in exchange for jobs in the Administration, the reality is that they abandoned a lawsuit that would have put pressure upon the President to end DADT, and do have several firm member working for the Administration now, which does not look so good to many in the LGBT community in light of rumors of secret deals between the Obama Administration and some gay right groups to let Obama have time before addressing LGBT equality issues .

Currently the Military Readiness Enhancement Act is being worked on in Congress and may be voted upon this fall. An attempt to repeal the Defense of Marriage Act is also being worked on in Congress. However, while Obama does support both measures , he has not exactly been altogether vocal about in pushing for their passage.

President Obama wants to go back to a time when the division of powers between the three branches of government were clearly drawn. however most pundits agree, that day has long since passed.

Unfortunately for Obama, beginning with the Presidency of Franklin Roosevelt, the office has become more of a leadership position with the president doing far more advocating for the laws they want to see in place.

Most times Congresses simply rolls over and does what chief executives want and, typically the Congress will pass any legislation a president pushes hard enough for, as was the case with George Bush with his sometime shady national security measures such as the Patriot Act and his head long rush to war in Iraq,  but only if he is willing to get out there and lead.

Currently, there is a great deal of dissatisfaction with the Obama Administration over their lack of leadership on a multitude of issues, including the perceived lack leadership when it comes to his promised commitment for LGBT rights issues. Even if it is without merit, Pietrangelo’s lawsuit is not doing much to help that perception.

It is now up to Barack Obama to get out there and lead.

Many people believed in the heady early days of the Obama Administration that there was nothing that Mr. Obama could not do. Nine months later, the American people are less certain of that.

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