Will Trump Reverse This Absurd Court Order?

President Donald Trump – photo courtesy of WhiteHouse.gov

… if not we may need a new commander in chief in 2020.


Earlier this week [Tues, Dec. 12] we shared the decision that the U.S. Department of Defense will be allowing gender dysphoric recruits into the military. The PC reference is “transgender.” Here we thought the commander in chief was the commander in chief of our Armed Forces, but I guess this female judge runs the military now…so where is SecDef James Mattis? Seems like we can soon look forward to judges determining other recruitment standards as well as deployment decisions and employment of our troops.

Well, it appears to ensure compliance of the edict, we’ll be having a new “Kommissar Korps” created for our Armed Forces.

As reported by the Washington Examiner, “The Pentagon needs to prepare more than 23,000 personnel to begin accepting the Defense Department’s first transgender recruits on Jan. 1 following a court order, according to a top human resources official. That includes “preparation, training, and communication” with recruiters and personnel at military entrance processing stations, who must have a working knowledge or in-depth medical understanding of the requirements for accepting transgender enlistees. That’s according to Lernes Hebert, the acting deputy assistant secretary of defense for military personnel policy, in a Washington, D.C., district court filing. 

The Trump administration has argued the military is not prepared and is seeking an emergency delay in the Jan. 1 recruiting deadline, which was imposed by a D.C. district court judge as part of a lawsuit over the president’s ban on transgender military service. Judge Colleen Kollar-Kotelly rejected an initial request for a delay Monday and the Justice Department immediately appealed the ruling. In the court documents, Hebert warned that transgender applicants might not get adequate screening if the Pentagon is forced into recruiting them without “sufficient guidance, resources and training” and the new troops might not be prepared to fight. “As a result, an applicant may be accessed for military service who is not physically or psychologically equipped to engage in combat or operational service,” he said in a declaration filed with the court.”

My obvious question is why does this civilian judge get to make any determinations and decisions when it comes to military personnel or recruiting? In the military, we have a system of justice called the Uniform Code of Military Justice, which is far more restrictive than civilian law. How have we come to this point that members of our Armed Forces run to civilian courts to get their way based on an ideological agenda? And why were there no civilian judicial challenges when Barack Obama decided, as the commander in chief to lift this ban, this restriction? Folks, this is utter bovine excrement and is rooted in a progressive socialist ideological agenda, nothing more, a goal and desire to impose a social engineering special interest objective upon our Armed Forces.

Here is what every single American taxpayer should be up in arms about: who pays for these 23,000 new Kommissars? I say let Judge Colleen Kollar-Kotelly pay for them. Or maybe we should have radical LGBT activist Colorado millionaire Tim Gill do so.

One thing is for certain, I don’t think these 23,000 were part of the National Defense Authorization Act that was just signed by President Trump. So tell me, and all of our highly engaged and intelligent readers, who is going to appropriate the funds for these 23,000…and it appears they’re not uniformed members of our military.

So, we’re going to implement a chain of observation and guidance on our recruiters and military personnel managers from outside? And to whom shall these 23,000 answer?

Just gotta tell ya, if I were a recruiting battalion commander I would simply state, we are not complying with this. I would state that my orders and direction do not come from a damn civilian judge, but rather the chain of command that starts with the commander in chief, who issued a directive to the U.S. Department of Defense to restore the restrictions against gender dysphoric troops. Pure and simple, civilian judges do not run our military, certainly not our personnel system and standards for recruitment. This is truly an example of an illegal order.

So, shall Judge Kollar-Kotelly now change the height and weight standards for recruits? Will she determine whether or not preventing individuals who cannot pass the respective service fitness tests should be ended, deemed discriminatory? Judge Kollar-Kotelly is not the commander in chief of our Armed Forces, she is not the SecDef. She does not get to determine military policy — not personnel, or otherwise. This, folks, is a major constitutional overreach by the judicial branch in our nation. This judge does not possess the enumerated powers to do as she is seeking to do, and certainly no one has the power to implement a 23,000 “Kommissar Korps” and force the U.S. taxpayer to assume that cost — that ain’t why we have a military.

At some point in time, President Donald Trump has gotta stand up and simply state, who is in charge of our military? Obama made his decision, Hillary Clinton lost, and this is not what the American people voted for last November…an activist judge is not the president. This activist judge does not get to decide military personnel policy. And the fact that neither President Trump, nor SecDef Mattis has made that clear is very disconcerting…unless they agree with this crap.

This is truly unconscionable and Judge Kollar-Kotelly needs to be reined in, publicly admonished and given a lesson in Constitutional enumerated powers. I expect to soon hear that President Trump will disregard the wishes of this out-of-control judicial activist and SecDef Mattis will proceed as he has been directed.

Anything less — well, then perhaps we need a new commander in chief come 2020. The American people will not tolerate 23,000 civilian monitors, “Kommissars,” to force this absurdity.

Editor’s Note: This column previously appeared at AllenBWest.com. Used with the permission of the author.

Lt. Col. Allen B. West is the former U.S. Congressman representing Florida’s 22nd District, a Fox News Contributor, a contributing columnist for Townhall.com, the former Executive Director of the National Center for Policy Analysis in Dallas Texas, and the author of Guardian of the Republic: An American Ronin’s Journey to Faith, Family and Freedom. Col. West is the third of four generations of military servicemen in his family. During his 22 year career in the United States Army, he was awarded the Bronze Star, 3 Meritorious Service Medals, 3 Army Commendation Medals (1 with Valor device), and a Valorous Unit Award. In 1993 he was named the US Army ROTC Instructor of the Year. Col. West believes it will be principled constitutional conservative policies, not politics, which will secure a sound economic future for Americans.