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Obama administration no longer issuing denials on Fairness Doctrine

posted at 12:00 pm on February 15, 2009 by Ed Morrissey
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Remember when the Left laughed at conservatives’ concerns over the Fairness Doctrine? Barack Obama already said he opposed the reimposition of the FCC rule, they said.  After all, Obama’s campaign gave this definitive statement in June 2008:

“Senator Obama does not support re-imposing the Fairness Doctrine on broadcasters,” said press secretary Michael Ortiz in an e-mail to B&C late Wednesday.

“He considers this debate to be a distraction from the conversation we should be having about opening up the airwaves and modern communications to as many diverse viewpoints as possible,” said Ortiz.

As our friend Jim Geraghty reminds us, all of Barack Obama’s statements come with an expiration date.  Today, Chris Wallace interviewed David Axelrod and asked him directly about the Fairness Doctrine — and suddenly the White House adviser got a lot less definitive:

WALLACE: Will you rule out reimposing the Fairness Doctrine?

AXELROD: I’m going to leave that issue to Julius Genachowski, our new head of the FCC, to, and the president, to discuss. So I don’t have an answer for you now.

That’s hardly a denial, as Politico’s Michael Calderone notes:

Lester Kinsolving, the conservative radio host, has twice asked Robert Gibbs about it in the briefing room, and each time, the press secretary didn’t reveal the administration’s position.

Last week, I reached out to press office staffers in order to find out if the administration’s position is the same as in June, and have not yet received a response.

If Obama’s position on the Fairness Doctrine is the same as during the campaign — and I have no reason to believe it isn’t — stating such clearly would quickly silence a lot of conservative critics who assume the Democratic president is going to try and reinstate the defunct policy. Otherwise, the Fairness Doctrine chatter on the airwaves isn’t likely to die down.

It’s an easy question.  Does this administration believe in free speech or government censorship?  Their sudden inability to provide a clear answer, when they had no problem giving such assurances eight months ago, does not bode well for the answer.

I’d like to say I told you so to all of those who accused us of paranoia, but the window on that ability to do so on the airwaves looks like it’s about to expire — like all of Obama’s campaign promises.

The American media should be ashamed of themselves on this issue.  They pose as the defenders of the First Amendment and free speech.  Why are Chris Wallace and Michael Calderone the only MSM people pursuing this?


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jerrytbg on February 15, 2009 at 8:55 PM

Yeah, when I saw you say route 55 I figured.

hawkdriver on February 15, 2009 at 8:58 PM

I think if the Fariness Doctrine actually came into being, one could make the case in the courts that the same should be true of other media. Back when it was first around, radio was the main form of non-newspaper communication. Not so today. It financially ruined many stations and came close with others. It probably gave new meaning to ‘boring’.

jeanie on February 15, 2009 at 9:05 PM

sethstorm, as a liberal you should be against this. Explain yourself.

Entelechy on February 15, 2009 at 7:17 PM

I’m not against it at all.

sethstorm on February 15, 2009 at 9:08 PM

Hawk,
Most everywhere you can’t use a semi to hunt…
22-250…ha…everybody wants to go fast…geez…
If you can get your hands on one of these ….And if you can get it with a scope mount…(sniper variant)
It’s an amazing weapon…less kick than your .223 and what a punch….7.7×58mm
I don’t own one, but a friend does.

I don’t hunt much these days….I live in So East Fl…Up north Fl the FULL GROWN deer are so small…Bambi come to mind…
no matter though…I make a call, two days later (packed in dry ice) I get all the Venison I want.
When I go to NC, west of Greenville we do small game.

jerrytbg on February 15, 2009 at 9:10 PM

It probably gave new meaning to ‘boring’.

jeanie on February 15, 2009 at 9:05 PM

Well, yeah, it’s why NPR member stations have to have month-long begging-browbeating-cajoling periods 3 or 4 times a year.

ddrintn on February 15, 2009 at 9:13 PM

I make a call, two days later (packed in dry ice) I get all the Venison I want.

lol and none of the cold toes, huh?

BTW, Setstorm, you’re incentive for me to be as mean as and nasty as I want to be with liberals. Thanks, you’re my inspiration.

hawkdriver on February 15, 2009 at 9:14 PM

Hawk,
I’ll ck out the site. Later.
Although I do beileve some of these yungin’s need to start thinking about fending, for themselves and those they love and most importantly…HOW TO!!

jerrytbg on February 15, 2009 at 9:17 PM

jerrytbg on February 15, 2009 at 9:17 PM

Absolutely Jerry

hawkdriver on February 15, 2009 at 9:34 PM

sethstorm, as a liberal you should be against this. Explain yourself.

Entelechy on February 15, 2009 at 7:17 PM
I’m not against it at all.

sethstorm on February 15, 2009 at 9:08 PM


Crickets.

Disturb the Universe on February 15, 2009 at 9:39 PM

Crickets.

Disturb the Universe on February 15, 2009 at 9:39 PM

Of course. He’s…just….a….dick!

He only comes here to rub our noses in it. If we were allowed to post a comment on HuffPo or DU, we could do the same thing. As it is, we have to put up with his crap until they outlaw our free speech outright and then he’ll have to try to annoy his liberal friends.

hawkdriver on February 15, 2009 at 9:46 PM

Hey Hawk,

What gets me about Huffpo and other lib sites…
They want to know which hand you wipe yourself with…
here at HA…just a valid E-mail address…duh

jerrytbg on February 15, 2009 at 9:52 PM

Now for the good news…

Talk Radio has become so effective that it is making the Obama administration expose itself as hypocrites……again.

You can just see Axelrod cursing the Constitution as he answered the question.. He wants it to burn and he’ll be tugging on his collar until it’s a pile of ashes.

Until then, fun watching him squirm.

I DO wish he’d see a barber about that combover though.

David, really. It’s embarrassing.

Barrack on February 15, 2009 at 10:04 PM

So there will have to be big changes at cnn, msnbc, cbs etc.

TheSitRep on February 15, 2009 at 10:11 PM

Porn in libraries, but talk radio is regulated and censored….Are there no conservative constitutional lawyers…Let’s go to Supreme Court now…..ginsburg is unavailable for a while.

nondhimmie on February 15, 2009 at 10:33 PM

Isn’t it interesting – the liberals screamed for years about President Bush violating constitutional rights everywhere (without any concrete evidence). Now that president obama gets in the attacks on the first and second amendment start immediately.

Will we learn when the marxists come to our door, hunt us for our opinions? Change is coming – the law of unintended consequences always pops up. I trust nobody in dc to do the right thing. We the people will have to hold them accountable – start locally with your school boards etc and work up from there.

Colonel_prop on February 15, 2009 at 10:50 PM

Colonel,
I fear it may be too late…
This coming at us exponentially…

jerrytbg on February 15, 2009 at 11:01 PM

Just remember, Liberals are big pussies. They won’t admit to being in favor of the Fairness Doctrine, even though they’re working behind the scenes to make it happen.

Do these lame brains really want to take on the armies of Limbaugh, Hannity, and the rest? Do they want to be known as the party of censorship?

Let them try.

Hey, Libs, just process point: The longer you wait, the closer the 2010 elections come. Chop, chop, you pansies.

EMD on February 15, 2009 at 11:03 PM

sethstorm, as a liberal you should be against this. Explain yourself.

Entelechy on February 15, 2009 at 7:17 PM

I’m not against it at all.

sethstorm on February 15, 2009 at 9:08 PM

Fine, but how about answering the question posed. It wasn’t comprehensibly difficult.

geckomon on February 15, 2009 at 11:05 PM

Now for the good news…

Talk Radio has become so effective that it is making the Obama administration expose itself as hypocrites……again.

But liberals and Obama supporters in general don’t care about the hypocrisy. They don’t understand any of it. Liberals vote the way they do for two reasons. For the power, meaning they are one of the chosen or friends of the chosen, or ignorant. Ignorant of history, politics, the media, everything.
The dems pushed through the spending package with barely squirming. My guess? There will be no hearings – just a vote after a quick whip count.
And that will be that.

JeffinOrlando on February 15, 2009 at 11:15 PM

First they want to shut us up and then take our guns. I really can’t imagine that Americans will just stand by and watch. I see that BHO has the regulations in place to begin recruiting a civilian army……….chilling

Department of Defense
DIRECTIVE
NUMBER 1404.10
23 January 2009
USD(P&R)
SUBJECT: DoD Civilian Expeditionary Workforce
References: See Enclosure 1
1. PURPOSE. This Directive:
a. Reissues DoD Directive (DoDD) 1404.10 (Reference (a)) under a new title to establish the
policy through which an appropriately sized subset of the DoD civilian workforce is preidentified
to be organized, trained, and equipped in a manner that facilitates the use of their
capabilities for operational requirements. These requirements are typically away from the
normal work locations of DoD civilians, or in situations where other civilians may be evacuated
to assist military forces where the use of DoD civilians is appropriate. These employees shall be
collectively known as the DoD Civilian Expeditionary Workforce. Members of the DoD
Civilian Expeditionary Workforce shall be organized, trained, cleared, equipped, and ready to
deploy in support of combat operations by the military; contingencies; emergency operations;
humanitarian missions; disaster relief; restoration of order; drug interdiction; and stability
operations of the Department of Defense in accordance with DoDD 3000.05 (Reference (b)).
b. Updates policies and responsibilities for the designation of part of the DoD Civilian
Expeditionary Workforce using the existing category of Emergency-Essential (E-E) civilian
employee positions, and establishes policies and responsibilities for the designation of part of the
DoD Civilian Expeditionary Workforce using new categories of Non-Combat Essential (NCE)
positions and Capability-Based Volunteers (CBVs) employees and former DoD employees. All
four categories make up the newly designated DoD Civilian Expeditionary Workforce.
c. Supersedes any conflicting portions of other DoD issuances. Such instances shall be
identified by the Heads of the DoD Components to the Under Secretary of Defense for Personnel
and Readiness (USD(P&R)).
2. APPLICABILITY. This Directive applies to:
DoDD 1404.10, 23 January 2009
2
a. OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff
and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the
Department of Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities within the Department of Defense (hereafter referred to collectively as the
“DoD Components”).
b. All appropriated and non-appropriated fund positions and DoD civilian employees of the
DoD Components. Excludes dual status National Guard and Reserve Technicians and contractor
employees.
3. DEFINITIONS. See Glossary.
4. POLICY. It is DoD policy to:
a. Rely on a mix of capable military members and DoD civilian employees to meet DoD
global national security mission requirements. DoD civilian employees are an integral part of
the Total Force. They serve in a variety of positions, provide essential capabilities and, where
appropriate for civilians to do so, support mission requirements such as combat, contingencies,
emergency operations; humanitarian and civic assistance activities; disaster relief; restoration of
order; drug interdiction; and stability operations of the Department of Defense, herein
collectively referred to as “expeditionary requirements.”
b. Identify a subset of the DoD civilian workforce as the DoD Civilian Expeditionary
Workforce. These civilian employees are organized, ready, trained, cleared, and equipped in a
manner that enhances their availability to mobilize and respond urgently to expeditionary
requirements. As practicable,
(1) To support workforce stability and deployment predictability, the timeframes during
which the DoD Civilian Expeditionary Workforce is susceptible to expeditionary assignments
will be designated in 6-month rotational periods. Tours will be determined through collaboration
of the combatant commanders, career field managers, functional community managers, and
civilian employees, as applicable. The portion of the DoD Civilian Expeditionary Workforce
that is within the 6-month window of deployment susceptibility shall maintain full preparedness
as trained, cleared, and ready.
(2) Individual deployment tours shall not exceed 2 years. Consecutive deployments
should generally not be approved without at least a 90-day period of reintegration between
deployments and assurance that medical clearance requirements are met.
c. Integrate DoD civilian workforce capabilities into DoD Total Force planning processes.
(1) Civilian manpower requirements shall be sourced and designated consistent with the
manpower policy and procedures in DoD Instruction (DoDI) 1100.22 (Reference (c)).
DoDD 1404.10, 23 January 2009
3
(2) DoD civilian employees shall be included in the DoD Global Force Management
process as set forth in the Strategic Planning Guidance (Reference (d)). Global Force
Management Board recommendations and decisions and Global Force Allocation Management
Plans shall reflect designation of DoD civilian employees as the preferred sourcing solution
when appropriate for non-warfighting Combatant Command request for forces and requests for
capabilities, and Joint Individual Augmentation requirements on Combatant Command Joint
Manning Documents for recurring and emergent mission requirements.
d. Designate and annually review the DoD Civilian Expeditionary Workforce that will be
coded as:
(1) Emergency Essential (E-E). A position-based designation to support the success of
combat operations or the availability of combat-essential systems in accordance with section
1580 of title 10, United States Code (U.S.C.) (Reference (e)) and will be designated as Key in
accordance with paragraph 4.d.(5).
(2) Non-Combat Essential (NCE). A position-based designation to support the
expeditionary requirements in other than combat or combat support situations and will be
designated as Key in accordance with paragraph 4.d.(5).
(3) Capability-Based Volunteer (CBV). An employee who may be asked to volunteer
for deployment, to remain behind after other civilians have evacuated, or to backfill other DoD
civilians who have deployed to meet expeditionary requirements in order to ensure that critical
expeditionary requirements that may fall outside or within the scope of an individual’s position
are fulfilled.
(4) Capability-Based Former Employee Volunteer Corps. A collective group of former
(including retired) DoD civilian employees who have agreed to be listed in a database as
individuals who may be interested in returning to Federal service as a time-limited employee to
serve expeditionary requirements or who can backfill for those serving other expeditionary
requirements. When these individuals are re-employed, they shall be deemed CBV employees.
(5) Key Employees. DoD civilian employees in positions designated as E-E and/or NCE
will be designated Key in accordance with DoDD 1200.7 (Reference (f)).
e. Notify applicants and DoD civilian employees when positions are designated E-E and/or
NCE as part of the DoD Civilian Expeditionary Workforce.
(1) DoD Civilian Expeditionary Workforce positions should be pre-identified whenever
practicable.
(a) Vacant E-E and NCE Positions. Applicants must sign the DD Form 2365, “DoD
Civilian Expeditionary Workforce Agreement – Position Based,” as a condition of employment.
Job announcements and positions descriptions for such positions must contain a statement that
the position is designated as E-E or NCE, that it is part of the DoD Civilian Expeditionary
Workforce, and that a signature of the form is a condition of employment.
DoDD 1404.10, 23 January 2009
4
(b) Encumbered Positions. Management must give DoD civilian employees whose
positions are identified as E-E or NCE as much notice as possible (generally not less than 90
calendar days advance notice of the E-E or NCE designation). The incumbents shall be asked to
accept the new designation of the position as an E-E and/or NCE position, and if he or she does
so, he or she will be required to sign the DD Form 2365 as a condition of continued employment.
If an incumbent employee is unable or unwilling to accept such requirements, then every effort
will be undertaken to reassign the employee to a different position (including a vacant position)
if reasonably practicable, consistent with the needs of the DoD mission and approval of
management.
(2) DoD civilian employees in E-E or NCE positions may be directed to accept
deployment requirements of the position. However, whenever possible, the DoD Civilian
Expeditionary Workforce will be asked to serve expeditionary requirements voluntarily.
Management retains the authority to direct and assign civilian employees, either voluntarily,
involuntarily, or on an unexpected basis to accomplish the DoD mission.
(3) CBVs agree to list their capabilities and skills in a database established by this
Directive so that when an expeditionary requirement exists for a civilian employee with such
skills, the employee can be contacted and asked to volunteer for such an assignment. There is no
penalty for not agreeing to volunteer when asked to serve a specific expeditionary requirement.
To ensure that CBVs are aware of the voluntary nature of their potential service and the
readiness requirements, CBVs must sign a DD Form 2365-1, “DoD Civilian Expeditionary
Workforce Agreement – CBV,” when they first agree to be listed in the database. CBVs will
receive training only after they sign this agreement.
(4) CBVs for the Defense Intelligence Components will be included in a classified
Intelligence Community-wide database. USD(I) will establish a policy and process for access to
the classified database to ensure that qualified DoD IC employees are considered for
expeditionary assignments.
f. Utilize the DoD Civilian Expeditionary Workforce to meet expeditionary requirements
within their employing Component and across the Department of Defense as directed by an
authorized official (see Enclosure 2, paragraph 1.b.) whenever it is appropriate to use civilian
employees in support of the military to meet those expeditionary requirements.
g. Establish metrics to measure and assess on a regular basis DoD Civilian Expeditionary
Workforce readiness, to be known as the Expeditionary Workforce Deployment Index (DI) and
Readiness Index (RI) based on the following factors:
(1) Employee Capabilities. Ensure DoD civilian employees have the related
competencies, skills, abilities, medical, and psychological fitness to be successful in high
pressure and austere operational environments; ability to work as part of an integrated team
including military, contractor, Federal civilian, and foreign national personnel; a record of
successful job performance to deliver results; and the highest professional and ethical behavior to
maintain a deployment environment characterized by good order, discipline, and conduct.
DoDD 1404.10, 23 January 2009
5
(2) Training. Train, develop, and prepare civilian employees who are part of the DoD
Civilian Expeditionary Workforce to meet expeditionary requirements and foreseeable risks they
are likely to face in the theater of operations in accordance with DoDD 1400.31 (Reference (g)),
DoDI 1400.32 (Reference (h)), and DoDD 1322.18 (Reference (i)). Training shall consist of:
(a) Initial orientation upon becoming part of the DoD Civilian Expeditionary
Workforce, annual refresher training, pre-deployment (including theater-specific) training, as
well as on the job training, and post-deployment reintegration training, as appropriate and
practicable.
(b) Training on the use of any required specialized equipment needed for their
specific missions such as vehicles and communication systems.
(c) Counseling on their legal status under the Uniform Code of Military Justice
(Reference (j)) in accordance with Public Law 109-364 (2006) (Reference (k)), the Military
Extraterritorial Jurisdiction Act under DoDI 5525.11 (Reference (l)), Secretary of Defense
Memorandum (Reference (m)), and implementing regulations.
(d) Training in obtaining medical treatment and the related validating and
administrative processing for those who have responsibilities for supporting wounded and
injured civilians.
(e) Elements from the National Security Professional (NSP) training course to be
selected based on relevance to DoD civilian expeditionary requirements and duties.
(f) Training for DoD civilian employees, supervisors, and managers on recognizing
stress-related conditions that may result from serving expeditionary requirements.
(3) Medical and Psychological Fitness. The Department of Defense takes seriously the
need to protect the health of deployed DoD civilian employees and to medically assess DoD
civilian employees who serve expeditionary requirements.
(a) All DoD civilian employees who encumber an E-E or NCE position are required
to have an annual health assessment to determine whether the employee is available for
worldwide deployment. DoD civilian employees designated as CBVs and former DoD
employees will undergo a health assessment to determine whether they can meet a specific
expeditionary requirement.
(b) Force health protection pre- and post-health assessments shall be conducted for
DoD civilian employees in accordance with DoDI 6490.03 (Reference (n)). Health assessment
information shall be submitted to the Defense Medical Surveillance system.
(c) For DoD civilian employees covered by the Rehabilitation Act of 1973, as
amended (section 791 through 794-d of title 29, U.S.C. (Reference (o))), an individualized
assessment must be conducted to determine if the individual can perform the essential functions
DoDD 1404.10, 23 January 2009
6
of a DoD Civilian Expeditionary Workforce position with or without reasonable
accommodations. For E-E or NCE positions, the ability to be deployed worldwide, including
austere locations, is an essential condition of those positions. For CBV, the ability of an
employee to perform the essential functions of the position in the relevant deployed environment
must be assessed before he or she can be deployed or asked to stay behind when other civilians
have evacuated.
(d) DoD civilian employees who become ill, contract diseases, or who are injured or
wounded while deployed in support of U.S. military forces engaged in hostilities (see Glossary,
“contingency operation”) are eligible for medical evacuation and health care treatment and
services in military treatment facilities (MTFs) at no cost to the civilian employee and at the
same level and scope provided to military personnel. The same system used to track active duty
patients through the Military Health System shall be used to track DoD civilian employees
injured in theater while forward deployed. Civilians will not be charged personal leave while
undergoing therapy and/or rehabilitation due to a combat, combat support, duty related or
non-duty related injury incurred during deployment after they return from deployment.
(e) Deployed DoD civilian employees who were treated in theater continue to be
eligible for treatment in an MTF or civilian medical facility for compensable illnesses, diseases,
wounds, or injuries under the Department of Labor Office of Workers’ Compensation Program
(DOL OWCP) (Reference (p)) upon their return at no cost to the civilian employee. DoD
civilian employees who deployed and are subsequently determined to have compensable
illnesses, diseases, wounds, or injuries under the DOL OWCP programs also are eligible for
treatment in an MTF or civilian sector medical facility at no cost to the civilian employee.
(4) Administrative Preparedness. The employing DoD Component shall provide the
employees of the DoD Civilian Expeditionary Workforce with a valid Official Passport,
Common Access Card, Geneva Conventions Identification Card, and required security
clearances, when appropriate. DoD civilian employees who are part of the DoD Civilian
Expeditionary Workforce are required to maintain:
(a) Current and valid administrative documents and clearances.
(b) Current Family Care Plans.
h. Establish the appropriate level of deployment strength for each functional community to
ensure an adequately sized DoD Civilian Expeditionary Workforce, considering E-E, NCE, and
CBV designations.
i. Support and recognize the DoD Civilian Expeditionary Workforce.
(1) When a DoD civilian employee who is part of the DoD Civilian Expeditionary
Workforce is required to deploy away from his or her normal work location, he or she shall be
released and allowed to deploy in a timely fashion to meet an expeditionary requirement unless
there is a significant negative impact on the mission of his or her home unit. Those who are
reassigned from their normal position to serve expeditionary requirements will be granted the
DoDD 1404.10, 23 January 2009
7
right to return to the positions they held prior to their deployment or to a position of similar
grade, level, and responsibility within the same local organization, regardless of the length of
deployment. There shall be no retaliation because of an employee’s expression of interest in
serving an expeditionary requirement or because of such service. This includes threats or denial
of rights to return to pre-deployment positions, promotions, training opportunities, or other
career enhancing opportunities.
(2) DoD civilian employees shall be treated with high regard as an indication of the
Department’s respect for those who serve expeditionary requirements. Their service and
experience shall be valued, respected, and recognized as career enhancing.
(3) Families of deployed DoD civilian employees shall be supported and provided with
information on benefits and entitlements, and issues likely to be faced by the employee during
and upon return from a deployment.
(4) DoD civilian employees who meet the requirements are eligible for the Secretary of
Defense Medal for the Global War on Terrorism (GWOT). Other civilian awards and
recognition may be appropriate in accordance with USD(P&R) Memorandum (Reference (q)).
j. Track and account for DoD civilians, including their daily locations, who are deployed to
assigned positions or unclassified temporary requirements in accordance with References (h)
and (n). A Request for Personnel Action is required to document all unclassified civilian
deployments.
5. RESPONSIBILITIES. See Enclosure 2.
6. INFORMATION REQUIREMENTS
a. The Heads of the DoD Components shall:
(1) Collect data on E-E, NCE, and CBV civilian employees. See Enclosure 3 for
reporting instructions, and DoDI 1444.2 (Reference (r)).
(2) Submit data in automated format to the USD(P&R), in accordance with
Reference (r). The Report Control Symbol is DD-PER(qrm) 1458.
b. The Defense Intelligence Components are required to collect but not report data, as
prescribed in paragraph 6.a.(2). This data shall be held at the agency, and information shall be
made available on request to the USD(P&R). Information collection shall be accomplished in
accordance with DoDI 8910.01 (Reference (s)).
7. RELEASABILITY. UNLIMITED. This Directive is approved for public release and is
available on the Internet from DoD Issuances Web Site at http://www.dtic.mil/whs/directives.
DoDD 1404.10, 23 January 2009
8
8. EFFECTIVE DATE. This Directive is effective immediately.
Enclosures
1. References
2. Responsibilities
3. Automation Instructions and Coding Description
Glossary
DoDD 1404.10, 23 January 2009
9 ENCLOSURE 1
ENCLOSURE 1
REFERENCES
(a) DoD Directive 1404.10, “Emergency-Essential (E-E) DoD U.S. Citizen Civilian
Employees,” April 10, 1992 (hereby canceled)
(b) DoD Directive 3000.05, “Military Support for Stability, Security, Transition, and
Reconstruction (SSTR) Operations,” November 28, 2005
(c) DoD Instruction 1100.22, “Guidance for Determining Workforce Mix,” September 7, 2006
(d) Strategic Planning Guidance (SPG) FY 2006-2011, March 1, 2004
(e) Sections 101(a)(4), 101(a)(13), 688, 1580, 12301(a), 12302, 12304, and 12406, and
Chapter 15 of title 10, United States Code
(f) DoD Directive 1200.7, “Screening the Ready Reserve,” November 18, 1999
(g) DoD Directive 1400.31, “DoD Civilian Work Force Contingency and Emergency
Planning and Execution,” April 28, 1995
(h) DoD Instruction 1400.32, “DoD Civilian Work Force Contingency and Emergency
Planning Guidelines and Procedures,” April 24, 1995
(i) DoD Directive 1322.18, “Military Training,” January 13, 2009
(j) Sections 801 through 946 of title 10, United States Code (Uniform Code of Military
Justice)
(k) Public Law 109-364, “John Warner National Defense Authorization Act for Fiscal Year
2007,” October 17, 2006
(l) DoD Instruction 5525.11, “Criminal Jurisdiction Over Civilians Employed By or
Accompanying the Armed Forces Outside the United States, Certain Service Members, and
Former Service Members,” March 3, 2005
(m) Secretary of Defense Memorandum, “UCMJ Jurisdiction Over DoD Civilian Employees,
DoD Contractor Personnel, and Other Persons Serving With or Accompanying the Armed
Forces Overseas during Declared War and in Contingency Operations,” March 10, 2008
(n) DoD Instruction 6490.03, “Deployment Health,” August 11, 2006
(o) Sections 791 through 794d of title 29, United States Code (“The Rehabilitation Act of
1973, as amended”)
(p) “Department of Labor Office of Workers’ Compensation Program (DOL OWCP),”
Sections 8101 through 8173 of title 5, United States Code
(q) Under Secretary of Defense for Personnel and Readiness Memorandum, “Secretary of
Defense Medal for the Global War on Terrorism,” August 9, 2007, as amended by Under
Secretary of Defense for Personnel and Readiness Memorandum, “Secretary of Defense
Medal for the Global War on Terrorism-Change 1,” April 7, 2008
(r) DoD Instruction 1444.2, “Consolidation of Automated Civilian Personnel Records,”
September 16, 1987
(s) DoD Instruction 8910.01, “Information Collection and Reporting,” March 6, 2007
(t) DoD Directive 5400.11, “DoD Privacy Program,” May 8, 2007
(u) DoD 5400.11-R, “Department of Defense Privacy Program,” May 14, 2007
(v) DoD 6025.18-R, “DoD Health Information Privacy Regulation,” January 24, 2003
(w) DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness
(USD(P&R)),” June 23, 2008
(x) Section 2105 of title 5, United States Code
DoDD 1404.10, 23 January 2009
10 ENCLOSURE 2
ENCLOSURE 2
RESPONSIBILITIES
1. USD(P&R). The USD(P&R) shall:
a. Manage and oversee implementation of this Directive; develop policy and implement
procedural guidance for DoD Civilian Expeditionary Workforce designation and utilization.
b. Execute the delegated authority from the Secretary of Defense for the mandatory use of
DoD Civilian Expeditionary Workforce positions designated as E-E and NCE to meet validated
DoD mission requirements outside a designated DoD civilian employee’s employing DoD
Component through the Secretary of Defense Operations Book (SDOB) process.
c. Authorize the voluntary use of the DoD Civilian Expeditionary Workforce to meet
validated DoD mission requirements outside a designated DoD civilian employee’s employing
DoD Component. Normally, this will be done through the SDOB process.
d. Ensure that the requirement to use E-E and NCE Civilian Expeditionary Workforce
positions and DoD civilian employee CBVs to meet expeditionary requirements outside a DoD
civilian employee’s employing Component is validated with the employing DoD Component, the
Office of the Chairman of the Joint Chiefs of Staff, the Combatant Commands, and the Office of
the Deputy Under Secretary of Defense (Civilian Personnel Policy) (DUSD(CPP)) through the
SDOB or other process.
e. Ensure that the collection, use, and release of personally identifiable information (PII)
about individuals participating in the Civilian Expeditionary Workforce complies with DoDD
5400.11 (Reference (t)) and DoD 5400.11-R (Reference (u)).
f. Ensure that the collection, use, and disclosure of protected health information (PHI) about
individuals participating in the Civilian Expeditionary Workforce complies with DoD 6025.18-R
(Reference (v)).
g. Develop guidance and standards to meet the training requirements under this Directive for
the DoD Civilian Expeditionary Workforce and their families, supervisors, military and DoD
civilian personnel, and human resources personnel.
2. DEPUTY UNDER SECRETARY OF DEFENSE FOR READINESS (DUSD(R)). The
DUSD(R), under the authority, direction, and control of the USD(P&R), shall:
a. Ensure that deployment orders recommended for inclusion in the SDOB reflect DoD
civilian employees as a sourcing solution consistent with mission requirements.
DoDD 1404.10, 23 January 2009
11 ENCLOSURE 2
b. Include the DUSD(CPP) in the USD(P&R) SDOB review process and quarterly Global
Force Management Board deliberations with the Secretary of Defense to ensure the appropriate
utilization of the DoD Civilian Expeditionary Workforce in meeting expeditionary requirements.
3. DUSD(CPP). The DUSD(CPP), under the authority, direction, and control of the
USD(P&R), shall:
a. Serve as a member of the Global Force Management Board and Joint Individual
Augmentation Sourcing Board to ensure the maximum utilization of the DoD civilian workforce
for DoD expeditionary requirements.
b. Serve as a member of the U.S. Joint Forces Command and other Joint Staff working
groups to provide advice and maximize utilization of DoD civilian workforce in operational
planning and for service in expeditionary operations.
c. Ensure Combatant Command civilian human resources advisors are appointed, trained,
and prepared to competently advise Combatant Commanders on the maximum utilization of
DoD civilians in operational planning and for service in expeditionary operations.
d. Maintain the DoD Civilian Expeditionary Workforce designations in the Defense Civilian
Human Resources Database and maintain a database of current DoD Civilian Employees who
volunteer to be CBVs. Ensure the data integrity and reliability of these databases so that they
may be used to identify expeditionary sourcing capabilities and functional community
deployment strength.
e. Direct the centralized civilian sourcing and management of the DoD Civilian
Expeditionary Workforce, including DoD civilian employees deployed in support of
expeditionary requirements, to:
(1) Serve as the resource to the Joint Staff (J-3 and J-1) and the U.S. Joint Forces
Command to identify sourcing solutions from within the DoD Civilian Expeditionary Workforce
in coordination with DoD Component representatives, including Functional Community
Managers, during deliberations for force or individual capability requests on Joint Manning
Documents, rotational forces requests, and emergent requests for forces to support expeditionary
operations.
(2) Establish and monitor the Expeditionary Workforce Deployment Index (DI) and
Readiness Index (RI) and recommend mitigating actions to ensure the readiness of the DoD
Civilian Expeditionary Workforce.
(3) Develop and/or identify appropriate training to meet the RI requirements and other
training requirements for families of deployed civilians, supervisors, managers, and employees
under this Directive for the DoD Civilian Expeditionary Workforce.
DoDD 1404.10, 23 January 2009
12 ENCLOSURE 2
(4) Serve as a principal resource for DoD Components to market and recruit for
expeditionary opportunities, and to assist DoD civilians during preparation for, during, and
following expeditionary service.
(5) Maintain the Capability-Based Former Employee Volunteer Corps database and
ensure the readiness of the Capability-Based Former Employee Volunteer Corps. Former DoD
civilian employees (including retirees) who agree to be part of the Capability-Based Former
Employee Corps will be tracked through the Defense Manpower Data Center.
4. UNDER SECRETARY OF DEFENSE (COMPTROLLER) (USD(C))/CHIEF FINANCIAL
OFFICER (CFO), DEPARTMENT OF DEFENSE (USD(C)/DoD CFO). The USD(C)/DoD
CFO shall:
a. Establish DoD policy and guidance regarding funding for the support and utilization of the
DoD Civilian Expeditionary Workforce.
b. Ensure each DoD Component establishes policies and procedures so all organizations
within the Component have access to adequate resources to support the additional pay,
allowances, medical requirements, and travel of civilians deploying as part of the DoD Civilian
Expeditionary Workforce.
c. Work with Components to ensure that funds are realigned appropriately for civilian
expeditionary operations.
d. Work with Components to ensure civilian personnel costs are collected and reported as
part of contingency operations.
5. HEADS OF THE DoD COMPONENTS. The Heads of the DoD Components shall:
a. Implement the policies in this Directive.
b. Maintain a subset of their civilian employees (per DoDD 5124.02 (Reference (w))) that is
organized, trained, and equipped in a manner that facilitates the use of their capabilities for
operational requirements away from their normal work locations, or in situations where other
civilians may be evacuated, to be known as the DoD Civilian Expeditionary Workforce.
c. Identify and designate positions as E-E, NCE, and DoD civilian employee volunteers as
CBVs. Ensure employees are provided the opportunity to identify their capabilities that may or
may not be related to their current position to support expeditionary requirements.
d. Plan, program, and budget for Civilian Expeditionary Workforce Requirements.
DoDD 1404.10, 23 January 2009
13 ENCLOSURE 2
e. Ensure there is an adequate number of trained, cleared, and ready DoD civilian employees
to serve in the DoD Civilian Expeditionary Workforce. Maintain and monitor the Deployment
Index and Readiness Index for their respective DoD Component.
f. Authorize members of the Civilian Expeditionary Workforce to serve validated mission
requirements of the DoD Component.
g. Review all civilian positions in their respective Component at least annually and,
whenever recruitment is initiated, determine the need or continuing need to designate a position
as E-E and NCE.
(1) Alternates should be identified for all positions, vacant or filled, to perform duties of
vacant E-E and NCE positions, and as appropriate, those encumbered E-E and NCE positions in
which the incumbents are unable to perform all of the required duties.
(2) Limit, to the degree practicable, situations where DoD civilian employees must be
directed to perform in E-E and NCE positions on an involuntary or unexpected basis.
h. Ensure personnel of the DoD Civilian Expeditionary Workforce within their respective
Component are trained, cleared, and ready to meet relevant expeditionary requirements.
i. Provide specified training as outlined in References (g), (h), and (i) and this Directive for
the DoD Civilian Expeditionary Workforce, families of deployed civilians, supervisors,
managers, and employees within their respective DoD Components.
j. Fully support deployed DoD civilian employees and their families prior to deployment,
during deployment, and following deployment assignments. Ensure deployed civilians are
informed of their Human Resource point of contact and have a home station sponsor to assist
them and their families prior to and during deployments.
k. Ensure all force health protection measures in Reference (n) are applied to DoD civilian
employees from their respective Component serving expeditionary requirements. Establish a
system of accountability or mechanism for oversight of the pre- and post-deployment health
assessment requirements.
l. Identify Civilian Human Resource offices and/or personnel with expertise for processing
DoD civilian employees from their respective Component for civilian expeditionary workforce
requirements.
m. Identify and maintain cognizance of the issues and shortfalls expressed by DoD civilian
employees from their respective Component assigned to expeditionary requirements and
undertake remedial actions. Take corrective actions necessary to ensure that the elements of the
DoD Civilian Expeditionary workforce within their respective Components are trained, cleared,
and ready to meet expeditionary requirements.
n. Ensure all appropriate collective bargaining obligations are observed.
DoDD 1404.10, 23 January 2009
14 ENCLOSURE 2
o. Once authorized by the Secretary of Defense, facilitate matching Civilian Expeditionary
Workforce E-E and NCE members to support DoD expeditionary requirements.
p. At least annually, review the CBV database to ensure it accurately documents the DoD
civilian employee volunteers from their respective Component.
6. CHAIRMAN OF THE JOINT CHIEFS OF STAFF. The Chairman of the Joint Chiefs of
Staff shall:
a. Include the DUSD(CPP) in all phases of the Global Force Management process, as
appropriate, to ensure DoD civilians are identified as a sourcing solution, consistent with mission
requirements.
b. Update all Joint Staff relevant publications on the Global Force Management processes to
ensure a Total Force planning effort and that DoD civilian employees are included as a source of
capabilities in the planning and sourcing requirements.
c. Include the DUSD(CPP) on the Joint Manning Validation Boards and in the SDOB
process to ensure that DoD civilian human resources perspectives are considered.
7. COMMANDERS OF THE COMBATANT COMMANDS. The Commanders of the
Combatant Commands, through the Chairman of the Joint Chiefs of Staff, shall:
a. Establish and communicate DoD civilian expeditionary requirements across the spectrum
of military operations to the DoD Components.
b. Maintain expert civilian human resources and manpower advisors on their staffs for the
purpose of supporting the development of civilian requirements within operational theater plans
and manning documents.
c. Include the Civilian Human Resources Advisor in the Global Force Manning Process and
other planning processes to ensure DoD civilian employees are appropriately included in
sourcing expeditionary requirements.
d. Expeditiously issue theater admission requirements for civilians.
e. Include summaries of civilian work force status in their respective situation reports.
f. Ensure all operational plans, joint manning documents, and individual augmentee
requirements incorporate support by DoD civilian employees to the maximum extent, consistent
with guidance provided by the Combatant Commander Human Resources Advisor.
DoDD 1404.10, 23 January 2009
15 ENCLOSURE 2
8. COMMANDER, U.S. JOINT FORCES COMMAND (USJFCOM). The Commander,
USJFCOM, in coordination with the Chairman of the Joint Chiefs of Staff, shall:
a. Ensure, as the Joint Force Provider for the DoD Civilian Expeditionary Workforce, that
DoD civilian employees are identified as a sourcing solution where and when appropriate
consistent with mission requirements.
b. Include the DoD Readiness Unit in all sourcing solution deliberations with Component
representatives.
DoDD 1404.10, 23 January 2009
16 ENCLOSURE 3
ENCLOSURE 3
AUTOMATION INSTRUCTIONS AND CODING DESCRIPTION
1. Data on E-E, NCE, and CBV employees is reportable as part of the existing requirement for
consolidation of automated civilian personnel records (Reference (r)).
2. The record field used for collection of this data shall be called “Civilian Expeditionary
Workforce agreement flag.”
3. Overseas Civilian Expeditionary Workforce agreement flag shall be data element number 55
and shall be submitted in position 159 of the automated tape submission sent to the DMDC
quarterly, in accordance with Reference (r).
4. Data shall be submitted in master and transaction automated files each quarter.
5. Updated overseas Civilian Expeditionary Workforce agreement flag data shall remain
associated with all active individual employee records.
6. Coding description: Reference (r). DD Forms 2365, 2365-1, and 2365-2 will be provided in
the DoDI that will implement this Directive.
TITLE: Civilian Expeditionary Workforce Agreement Flag
Data element number 55 Civilian Expeditionary Workforce agreement flag
Submission position 159 (a one-position numeric field)
CODING DESCRIPTION
1 The employee is in an E-E or NCE position and has signed the position
agreement (DD Form 2365) to remain overseas or to deploy from their
permanent duty station to support combat operations or the availability of
combat-essential systems.
2 The employee is in an E-E or NCE position and has not signed the position
agreement (DD Form 2365).
3 The employee is assigned as Alternate E-E or NCE and has signed the
position agreement (DD Form 2365).
DoDD 1404.10, 23 January 2009
17 ENCLOSURE 3
CODING DESCRIPTION
4 The employee is assigned as Alternate E-E or NCE and has not signed the
position agreement (DD Form 2365).
6 The employee, a Capability-Based Volunteer (CBV), agrees to list his or her
capabilities in a database when there is an expeditionary requirement that may
fall outside or within the scope of assigned positions, or positions for which
they might qualify. They can be contacted and asked to volunteer; DD Form
2365-1 agreement signed.
7 The employee is a capability-based former employee volunteer and has
agreed to be listed in a database as an individual who may be interested in
returning to Federal service as a time-limited employee to serve expeditionary
requirements or who can backfill for those serving other expeditionary
requirements, and has signed DD Form 2365-2.
0 The employee does not occupy an E-E position, nor is the employee a
designated alternate to perform the duties of an E-E position.
DoDD 1404.10, 23 January 2009
18 GLOSSARY
GLOSSARY
DEFINITIONS
These terms and their definitions are for the purpose of this Directive.
Capability-Based Former Volunteer Corps. Former DoD civilian employees with career status
and reappointment eligibility, or retired DoD civilian employees with eligibility to be appointed
as a reemployed annuitant, who have expressed an interest in being considered for reemployment
on a temporary basis to either respond to an expeditionary requirement or a backfill job
requirement.
capability-based volunteer (CBV). An employee who may be asked to volunteer for
deployment, to remain behind after other civilians have evacuated, or to backfill other DoD
civilians who have deployed to meet expeditionary requirements in order to ensure that critical
expeditionary requirements that may fall outside or within the scope of an individual’s position
are fulfilled.
contingency operation. A military operation that (a) is designated by the Secretary of Defense as
an operation in which members of the armed forces are or may become involved in military
actions, operations, or hostilities against an enemy of the United States or against an opposing
military force; or (b) results in the call or order to, or retention on, active duty of members of the
uniformed services under section 688, 12301(a), 12302, 12304, 12406, or chapter 15 of
Reference (e), or any other provision of law during a war or during a national emergency
declared by the President or Congress.
continuity of operations. The degree or state of being continuous in the conduct of functions,
tasks, or duties necessary to accomplish a military action or mission in carrying out the national
military strategy. It includes the functions and duties of the commander, as well as the
supporting functions and duties performed by the staff and others acting under the authority of
the commander.
deployment. Either temporary reassignment or the requirement to stay in place to support
contingency operations.
deployment index. The percentage of available DoD Civilian Expeditionary Workforce
positions and DoD civilian employee CBVs within designated career groups as determined by
validated requirements from Combatant Commands and/or other authorities directing DoD
missions and informed by the Functional Community Managers.
direct support. Services provided to participating military activities or armed forces in a military
operation awarded the GWOT Expeditionary Medal or in other similar operations for which a
separate military campaign medal was awarded to military personnel only if the employee
actually enters the designated area of eligibility.
DoDD 1404.10, 23 January 2009
19 GLOSSARY
DoD civilian employee. An individual meeting the definition of “employee” under section 2105
of title 5, U.S.C., (Reference (x)) as well as employees of DoD Non-Appropriated Fund
Instrumentalities (NAFIs) paid for from Non-Appropriated Funds (NAFs). This includes DoD
civilian employees filling full-time, part-time, intermittent, or on-call positions. Excludes dual
status National Guard and Reserve Technicians and contractor employees.
DoD Civilian Expeditionary Workforce. A subset of the DoD civilian workforce that is to be
organized, trained, cleared, and ready in a manner that facilitates the use of their capabilities
either in a temporary reassignment and/or duty status or to stay in place overseas to support the
DoD mission.
DoD Civilian Retired Corps. Retired DoD civilian employees with eligibility to be appointed as
a reemployed annuitant, who have expressed an interest in being considered for reemployment
on a temporary basis to either respond to an expeditionary requirement or a backfill job
requirement.
Emergency-Essential (E-E). A position-based designation to support the success of combat
operations or the availability of combat-essential systems in accordance with section 1580 of
Reference (e).
expeditionary. DoD civilians required either to remain at their assigned station after other
civilians have evacuated or to deploy away from their assigned station to fulfill the requirements
resulting from their E-E, NCE, or CBV mission requirements.
Global War on Terror (GWOT). The type of operational activity that the President or the
Secretary of Defense approve to prevent or respond to life-threatening acts that are a violation of
the criminal laws of the United States or of any State and appear to be intended to intimidate or
coerce a civilian population; to influence the policy of a government by intimidation or coercion;
or to affect the conduct of a government by mass destruction, assassination, or kidnapping.
GWOT Medal. Medal awarded to DoD civilian employees, who, on or after September 11,
2001, to a date to be determined by an authorized official, participate abroad in a GWOT
operation in a location approved for award of the military GWOT Expeditionary Medal or
similar operation for which a separate military GWOT campaign medal was awarded. DoD
civilian employees must be engaged in direct support for 30 consecutive days in an area of
eligibility in a military operation (or the full period when the operation is of less than 30 days
duration), for 60 non-consecutive days in an area of eligibility provided this support involves the
employee entering the area of eligibility, or, regardless of time, be killed or medically evacuated
from the area of eligibility while providing direct support to the operation. Eligibility criteria for
the GWOT medal are aligned as closely as practicable with the GWOT Expeditionary Medal
criteria awarded to active duty military personnel or other similar military medals awarded for
GWOT-specific campaigns. Under no circumstances are personnel in the United States eligible
for the medal.
Non-Combat Essential (NCE). A position-based designation to support the expeditionary
requirements in other than combat or combat support situations.
DoDD 1404.10, 23 January 2009
20 GLOSSARY
Readiness Index (RI). The percentage of the DoD Civilian Expeditionary Workforce who have
met the applicable medical, dental, and physical; performance and conduct; initial, annual, and
pre-deployment training; clearance; administrative; and competency requirements.
Secretary of Defense Operations Book (SDOB). Book prepared by the Joint Staff that briefs the
Secretary of Defense via an established process to obtain approval on proposed orders
authorizing the execution of military operations, directing the attachment of forces, authorizing
supplemental rules of engagement that require Secretary of Defense approval, or modifying
decisions in previously approved orders.
stability operations. An overarching term encompassing various military missions, tasks, and
activities conducted outside the United States in coordination with other instruments of national
power to maintain or reestablish a safe and secure environment, provide essential governmental
services, emergency infrastructure reconstruction, and humanitarian relief.
trained, cleared, and ready. A status of civilian employees who have met all prescribed readiness
requirements. These include, but are not limited to, training, administrative, medical, financial,
and security clearance requirements.
Total Force. The organizations, units, and individuals that comprise the DoD resources for
implementing the National Security Strategy. It includes DoD Active and Reserve Component
military personnel, military retired members, and DoD civilian personnel (including
non-appropriated fund employees).
U.S. Armed Forces. Defined in section 101(a)(4) of Reference (e), except that it excludes the
United States Coast Guard for the purpose of this Directive (unless it is operating as a service in
the Navy).

Dr Bob on February 16, 2009 at 12:00 AM

Dr Bob on February 16, 2009 at 12:00 AM

WHOA…give us the link…

jerrytbg on February 16, 2009 at 12:15 AM

and it better be a .gov !!!

jerrytbg on February 16, 2009 at 12:17 AM

Did I just scroll past the Tax Code?

viking01 on February 16, 2009 at 12:31 AM

I thought that having your political director in the White HOuse in policy meetings, much less making policy statements on Sunday chat shows, was baaaaad. Or doesn’t that apply to Axelrod and Mighty O?

PattyJ on February 16, 2009 at 12:34 AM

I’m not against it at all.

sethstorm on February 15, 2009 at 9:08 PM

Then you’re either not a liberal, or you don’t know what it means to be a true liberal.

Entelechy on February 16, 2009 at 12:45 AM

Sorry Dr Bob…I find that embedded link suspect…

jerrytbg on February 16, 2009 at 12:59 AM

I just followed the link, and followed it back to its shorter version, and also got to it via the DOD website as listed on google.

Both times – got to this, just as he posted it.

Alana on February 16, 2009 at 1:13 AM

I am about a third of the way through it, and it talks about “worldwide” and “overseas.”

Alana on February 16, 2009 at 1:23 AM

Barak Obama the First Sock Puppet President.

Dreadnought223 on February 16, 2009 at 1:28 AM

However, there is also this:

e), or any other provision of law during a war or during a national emergency
declared by the President or Congress.

Alana on February 16, 2009 at 1:34 AM

Is there any hope the USSC could save us if this is passed in Congress and signed by Pres. Obama?

It is so clearly unconstitutional it’s absolutely sick but the bastards don’t seem to care.

Yakko77 on February 16, 2009 at 2:54 AM

For the life of me, I don ‘t understand the surprise in so many over this guy. He made his position clear many times, he is a far left-wing radical and will do whatever he can get away with to remove the freedoms and traditions that made this country great.

The sooner all of us stop shaking our heads, clucking our tongues, and start getting ourselves organized against this fool, the better.

Joe Pyne on February 16, 2009 at 3:18 AM

However, there is also this:

e), or any other provision of law during a war or during a national emergency
declared by the President or Congress.

Alana,

This goes hand in hand with Alcee Hastings ‘National Emergency Centers Establishment Act’ (H.R.645).

“The power of the Executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers, is in the highest degree odious and is the foundation of all totalitarian government whether Nazi or Communist.”-Winston Churchill, Nov. 21, 1943

It is no wonder that the 0bamamessiah removed the bust of Winston Churchill from the White House. If Churchill were alive today he would see the 0bamamessiah and the Corruptocrats for who and what they are.

Nahanni on February 16, 2009 at 3:32 AM

Let them try it. It will be a red meat bonanza watching Rush, Sean and the rest of them and their army of well-compensated attorneys take these fools on in the courts.

Where’s the ACLU on this, by the way? In favor of it, of course. How does this square with being alleged champions of liberty? They exist solely to shill for liberal causes, just like the AARP from which we’ve heard nary a peep over the soon-to-be-abridged access to healthcare the elderly will be facing. These organizations are useless. I wish it would be exposed to their membership just how LITTLE they have their interests at heart.

NoLeftTurn on February 16, 2009 at 3:41 AM

“He considers this debate to be a distraction from the conversation we should be having about opening up the airwaves and modern communications to as many diverse viewpoints as possible,” said Ortiz.

In Barackish, that means that we need to get more liberals heard and more conservatives canned.

blankminde on February 16, 2009 at 4:08 AM

Supreme Court challenge=ObamAxel loses.

trl on February 16, 2009 at 6:49 AM

Obama is a fraud and a liar. In Obama’s world, his radical “end” justifies ANY means. So, he/they will say ANYTHING, and do ANYTHING to achieve their agenda. Since he’s been caught lying 100 times, why would any sane person believe a word this guy says?

marklmail on February 16, 2009 at 8:01 AM

It’s brilliant strategy. Since the Republican party’s sole voice these days is Rush Limbaugh and talk radio, Obama’s administration only has to get a little vague on the Fairness Doctrine on one interview and the Republicans will obsess about it for days. Conservatives chase their tail and waste all kinds of time, and vanish out of the media cycle, and Obama didn’t actually have to *do* anything! Why bother trying to actually silence talk radio when it’s so easy to render it irrelevant?

Mal Carne on February 16, 2009 at 8:08 AM

Pure Alinsky

RULE 9: “The threat is usually more terrifying than the thing itself.”

marklmail on February 16, 2009 at 8:19 AM

And here is how it is about to be done: http://spectator.org/archives/2009/02/16/in-all-fairness

onlineanalyst on February 16, 2009 at 8:28 AM

Where’s the ACLU on this, by the way? In favor of it, of course. How does this square with being alleged champions of liberty? They exist solely to shill for liberal causes.

NoLeftTurn on February 16, 2009 at 3:41 AM

Very good point. How is it possible that Rev. Wright and so many other preachers primarily operating in “black churches” across this great nation, can blatantly talk politics from the podium while giving sermon? The ACLU has forced the removal of the word God from court houses in most every state, due to a separation of church and state, but yet Rev Wright and so many others spew pure politics from within the tax exempt church. As stated, the ACLU exists solely for the purpose of pushing Liberal causes.

Keemo on February 16, 2009 at 8:40 AM

onlineanalyst,

Thanks for the link… I will spread the information through my circles.

Keemo on February 16, 2009 at 8:44 AM

And here is how it is about to be done: http://spectator.org/archives/2009/02/16/in-all-fairness

onlineanalyst on February 16, 2009 at 8:28 AM

The Dems have got the Chavez playbook and applying it with gusto. Forget trying to implement it over a decade, they want this all done before the 2010 elections.

FireFly on February 16, 2009 at 9:03 AM

Axelrod acts, and even looks, like a cross between a weasel and a wolverine.

PaddyJ on February 16, 2009 at 9:26 AM

So our speech is to be directed by Totalitarians, just as our travel will be.

Chicago Tribune’s Jill Zuckman joins President Obama’s administration as the Department of Transportation’s director of public affairs and assistant to Secretary Ray LaHood.

What experience does reporting of propaganda provide a Director of Public Affairs and Assistant to the Secretary of the Department of Transportation? I answer my own question.

maverick muse on February 16, 2009 at 9:52 AM

The concept is simple—see Saul Alinsky’s Rules for Radicals: RULE 9: “The threat is usually more terrifying than the thing itself.” Imagination and ego can dream up many more consequences than any activist. (Perception is reality. Large organizations always prepare a worst-case scenario, something that may be furthest from the activists’ minds. The upshot is that the organization will expend enormous time and energy, creating in its own collective mind the direst of conclusions. The possibilities can easily poison the mind and result in demoralization.)

Thes guys know exactly what they are doing.

Sterling_one on February 16, 2009 at 9:56 AM

They didn’t care either way if the bill passed or not. Indeed, angry upset GOPers drives ratings if only because it gets your side whipped into a frenzy. Please learn their games. They aren’t on your side OR my side. They are on their own side. Death to Corporate Media Hacks.

DeathToMediaHacks on February 15, 2009 at 1:33 PM

Despite what many on this blog think about DTMH, he/she is 100% correct with this statement.

riverrat10k on February 16, 2009 at 9:58 AM

They are going to try to keep their hands clean on this one and have his appointees at the FCC and the the Supreme Court handle it. The only way he would take ownership of something like the fairness doctrine would be in his second term, or definetly not until after 2010.

Joe Caps on February 16, 2009 at 9:59 AM

As stated, the ACLU exists solely for the purpose of pushing Liberal causes.

As ESTABLISHED, the ACLU exists solely to promote Progressive Socialism.

Do not capitalize “Liberalism” unless referencing the Classical Liberal (18th-19th Centuries) that was still entrenched within the Ivy League prior to 1920.

Lower case “liberal” is merely the misnomer that intolerant radicals have hijacked as whitened sepulchers of propaganda feign “enlightenment”–theirs from a needle, pill, bottle or pipe.

maverick muse on February 16, 2009 at 10:01 AM

Will the Fairness Doctrine be applied only to Conservatives? Can we sue NPR? Or do the powers think NPR is “balanced”?

telemwill on February 16, 2009 at 10:02 AM

Welcome the “remaking” of America.

Clark Mountain on February 16, 2009 at 10:03 AM

Fairness Doctrine = suppression of free speech especially when discussing the government.

Also, this just proves the libs have no concept of a free market. If people wanted to listen to their drivel radio like air america would have been successful.

K2 on February 16, 2009 at 10:14 AM

Tell you what. If they silence talk radio, it will open the door for a HUGE Conservative TV Talk Network. They’ll get HUGE ratings. The libs better be careful what they wish for. Imagine this TV Network lineup: Beck, Hannity, Boortz, Rush, Levin, Ingraham, Gallagher, etc etc etc. They’d destroy Barry, Pelosi, Reid, et al on a daily basis to MILLIONS of people ALL in one convenient place.

marklmail on February 16, 2009 at 10:19 AM

At least The Messiah’s being consistent: he consistently lied about what he was after during the campaign, and now he is consistently proving non-leftists’ fears correct, while consistently emulating the (incremenentalist) policies of petty tyrants throughout the world. And the MSM just acts like a bunch of blow-dry, nodding bobbleheads.

I just hope Rush, Sean, Michelle and others join forces to explain to Americans what the Messiah’s Fairness Doctrine will really mean. Especially, those who’ve been given the IV of KoolAde via the public schools that The Messiah won’t even send his own kids to.

Expedio on February 16, 2009 at 10:25 AM

But will it be “fairness” for ALL? I mean, don’t get me wrong…I know better, and I doubt that it will be.

But, if we’re suddenly all about being “fair”, then will those radio stations which are “liberal”, also be forced to provide “equal time” to the political opposition?

*not holding breath

Talismen on February 16, 2009 at 10:29 AM

Obama’s lying? The hell you say?!
I’d be more impressed if anyone could show me some instance of him being straight-forward, clear, concise, and not searching for the right legalese to explain a position. He never details what he really thinks….not sure he knows. But, the truth never gets liberals elected to national office.

TXgator on February 16, 2009 at 10:34 AM

Perception is reality.

Sterling_one on February 16, 2009 at 9:56 AM

This phrase is such crap when one actually thinks about it. This is the type of garbage that comes from our PR-obsessed country.

Reality is reality. Perception is subjective and will always be subjective. If the overall perception is is being shaped into “reality,” then that’s propaganda–which is a whole subject unto itself.

eanax on February 16, 2009 at 10:44 AM

Expect a real war on the airwaves if they try this. I think one tactic to fight any attempt to thwart talk radio (conservative or liberal) should be the use of civil disobedience by ignoring the law or regulation by the hosts of the talk shows with the support of the station owners.

JimGeb on February 16, 2009 at 11:02 AM

Wait…I’m starting to see some numbers coming out on his forehead…555no make that 666.

Kissmygrits on February 16, 2009 at 11:04 AM

The speed at which all this is taking place is unbelievable. The Kenyan has not been in office a month yet. Who is pulling his strings? Is there anyone out there with a plan to stop this dismantling of our freedoms?

klb on February 16, 2009 at 11:58 AM

Well now, let’s see how the U.S. is becoming socialized since President Hussein (PBUH) took office.

First, the banks have been nationalized, then private business was nationalized, any and all dissent of the currrent administration is being quashed.

I guess the abolishment of term limits will be next,…….wait a minute, is this America or Venezuela??!!

InfidelisMaximus on February 16, 2009 at 12:13 PM

They’ll only use the Fairness Doctrine to limit offensive speech, right?

exile in libtardistan on February 16, 2009 at 12:22 PM

Will the Fairness Doctrine be applied only to Conservatives? Can we sue NPR? Or do the powers think NPR is “balanced”?

telemwill on February 16, 2009 at 10:02 AM

Yes, it will be applied only to conservative speech. Fascism requires the quelching of opposition ideologies such that the people, via exposure to all media (entertainment and otherwise), come to believe the policies and perspectives espoused by The State are the only ones conceivable.

Blacklake on February 16, 2009 at 12:29 PM

Reimposing of the Fairness Doctrine or localism or whatever else they choose to call it will just move the American people one step closer open rebellion against the Federal Government.

http://www.theeveningchronicle.blogspot.com/

LCT688 on February 16, 2009 at 12:31 PM

I thought I’d test out my new membership before the Fairness doctrine sends us all to oblivion.

patfish on February 16, 2009 at 12:45 PM

This “fairness doctrine” can backfire on the libs in so many ways. Rush has shown repeatedly that when the neolibs try to assail him, they always wind up looking like the clowns they are. (no offense Bozo). Conservative talk radio would find loopholes in the legislation. Hopefully the Heritage Foundation and other center-right legal entities would overwhelm the court dockets with the blatant biased practices by the alphabet networks.

What these leftist loons didn’t learn from Saul Alinsky is that you never want to execute a tactic that would take a demoralized opponent and enrage him with the wrath,fury and vitriol like a pack of lions defending their den.

In others words Barry and his gang of thieves could really step in a hug pile of it it, if they go down this cencorship road.

veni vidi vici on February 16, 2009 at 12:50 PM

Will the Fairness Doctrine be applied only to Conservatives? Can we sue NPR? Or do the powers think NPR is “balanced”?

telemwill on February 16, 2009 at 10:02 AM
Yes, it will be applied only to conservative speech. Fascism requires the quelching of opposition ideologies such that the people, via exposure to all media (entertainment and otherwise), come to believe the policies and perspectives espoused by The State are the only ones conceivable.

Blacklake on February 16, 2009 at 12:29 PM

B-U-L-L-C-R-A-P.

Again you are spreading untrue rumors – it will apply to all political and controversial speech(translation – lies and garbage from all), the reason Air America is in a tail-spin over it as well, here is a link to article on Newsbusters.

It’s primarily to stop people from telling delusional tall tales – like you are doing….commenting here.

AprilOrit on February 16, 2009 at 12:53 PM

If Bush hadn’t driven America over a cliff for 8 years, Obama wouldn’t had a prayer in getting elected. People voted against the GOP, not for Obama. And by the way is Obama a moron, or an evil genius? Because he can’t be both.

athensboy on February 16, 2009 at 12:53 PM

I say let them impose it. What comes around goes around. The GOP may learn to play for keeps in the future.

Wait until Obama gets all his judges through. You ain’t seen nothin’ yet…

You didn’t actually believe in a post-partisan (or non-partisan as Nancy cliams) Washington did you?

Petaluma Patriot on February 16, 2009 at 12:58 PM

You didn’t actually believe in a post-partisan (or non-partisan as Nancy cliams) Washington did you?

Petaluma Patriot on February 16, 2009 at 12:58 PM

Of course not…

The Far Right & The Far Left do not want any Fairness Doctrine – they won’t be able to infect the general population with their lying agendas – like the viruses they are.

Let’s be candid – the Fair Doctrine is the vaccine they fear most. They will have to tell the truth…that is what they fear more than any gov’t involvement.

The gov’t involvement excuse is a big fat smoke screen….

And all of the Talk Radio listeners – Right & Left will suffer as well, they will lose that ability to tune into a Talking Head assuring them that they are right, agreeing with their idealogy and empowering them.

What a world….

AprilOrit on February 16, 2009 at 1:04 PM

There’s nothing wrong with the “Fairness Doctrine” as long as it also applies to network news shows, cable news shows and PBS.

bw222 on February 16, 2009 at 1:09 PM

There’s nothing wrong with the “Fairness Doctrine” as long as it also applies to network news shows, cable news shows and PBS.

bw222 on February 16, 2009 at 1:09 PM

It should apply to all of it – except the internet – that should remain free.

Rupert Murdoch has already instituted it at Fox News – they are Fair & Balanced, the others should be made to comply as well.

What is everyone afraid of? The Truth….they can’t handle The Truth, their careers are based on partisan sh*t & giggles, that’s how they make their living.

The Fairness Doctrine could be their pink slip….can you imagine Keith Olbermann and Chris Matthews being told they must comply?

AprilOrit on February 16, 2009 at 1:17 PM

Fairness Doctrine = McCain/Feingold

another liberal attempt @ political power and censorship.

bombos on February 16, 2009 at 1:34 PM

Fairness Doctrine = McCain/Feingold

another liberal attempt @ political power and censorship.

bombos on February 16, 2009 at 1:34 PM

But Liberals will be included as well – they will be made to comply – so how do you arrive at this idea that Liberals get a pass? Where does this come from – or are you just adamant about not accepting the truth?

AprilOrit on February 16, 2009 at 2:13 PM

Conservatives need to watch or read Orwell’s 1984 in order to prepare for what is coming.

Blue Collar Todd on February 16, 2009 at 2:13 PM

It’s primarily to stop people from telling delusional tall tales – like you are doing….commenting here

Hey. People have a RIGHT to tell what you call “delusional tall tales.”

Aside from things like shouting fire in a crowded theater, free speech is about the right to say what you want.

Who is going to be the person to decide what is truth and what is a “delusional tall tale?”

Who, pray tell, the Ministry of Truth?

Alana on February 16, 2009 at 2:20 PM

Read the information that I provided at 8:28 this morning. The Fairness Doctrine will be instituted through the FCC, not through legislation answerable to voters. Included in the policy will be attempts to regulate free speech through the Internet.

No free society attempts to regulate free speech and the exchange of ideas. To call opposition speech hate speech is the means by which the totalitarian fascists intend to shut down contrary opinions. And who will determine what is hate speech? Ask April. She is willing to cede her freedoms to a committee.

onlineanalyst on February 16, 2009 at 2:36 PM

Hey. People have a RIGHT to tell what you call “delusional tall tales.”

Aside from things like shouting fire in a crowded theater, free speech is about the right to say what you want.

Who is going to be the person to decide what is truth and what is a “delusional tall tale?”

Who, pray tell, the Ministry of Truth?

Alana on February 16, 2009 at 2:20 PM

So we have now become a society where delusional smears and lies should be the norm?

Bottomline – something is either true or it isn’t. This idea that Keith Olbermann/CHris Matthews and Rush Limbaugh/Sean Hannity are now defining what’s true and what isn’t is insanity.

God help us.

AprilOrit on February 16, 2009 at 2:51 PM

They will have to tell the truth…

According to who????

sonofdy on February 16, 2009 at 2:53 PM

So we have now become a society where delusional smears and lies should be the norm?

I see no where in the constitution that says that the right to free speech excludes lies of any kind. If it did, every Congress and President since Washington would be in jail.

Opinion, even wrong opinion has always been protected under the constitution. It covers everyone from hard core marxists to radical nazis. I think we can safely say that covers everyone not actively threatening the president or shouting fire in a crowded room.

sonofdy on February 16, 2009 at 2:58 PM

They will have to tell the truth…
According to who????

sonofdy on February 16, 2009 at 2:53 PM

According to the dessenting voice calling them on the carpet and holding them accountable in the studio – on air – is the purpose of the Doctrine.

In other words if Keith Olbermann says some Far Left piece of garbage instead of Olbermann Watch coming in a day late and a dollar short – the dissenting voice is there to nip it right in the bud – in real time.

I am using him as an example because MSNBC is guilty as charged – with not having a Fair & Balanced line-up. They should be stopped in their tracks and the Fairness Doctrine would do this – if applied to all airwaves.

AprilOrit on February 16, 2009 at 2:59 PM

Trouble is I believe even Keith Olbermann has the right to spew his opinion, even if he makes me want to throw things at the tv.

Even unchallanged. Only dictatorial people want to force a type of speech.

sonofdy on February 16, 2009 at 3:03 PM

Opinion, even wrong opinion has always been protected under the constitution. It covers everyone from hard core marxists to radical nazis. I think we can safely say that covers everyone not actively threatening the president or shouting fire in a crowded room.

sonofdy on February 16, 2009 at 2:58 PM

Fine – but there should be a dissenting voice there in realtime to lessen the blow of this misguided opinion that some morons will be led to believe is the gospel truth.

Nip it in the bud, hold people accountable for their words.

That’s the problem, they have tons of money resting on lies and gargabe, they do not want to be held accountable.

AprilOrit on February 16, 2009 at 3:05 PM

Trouble is I believe even Keith Olbermann has the right to spew his opinion, even if he makes me want to throw things at the tv.

Even unchallanged. Only dictatorial people want to force a type of speech.

sonofdy on February 16, 2009 at 3:03 PM

I disagree, I do not believe Keith Olbermann should be allowed to say what he says, nor do I believe Michael Savage should be allow to either.

Some of what they say is almost demonic – for all of these Christians to not be concerned about what these guys are saying is amazing.

AprilOrit on February 16, 2009 at 3:07 PM

Fine – but there should be a dissenting voice

WHY???

there in realtime to lessen the blow of this misguided opinion that some morons will be led to believe is the gospel truth.

Misguided according to who???

sonofdy on February 16, 2009 at 3:09 PM

Fine – but there should be a dissenting voice
WHY???

there in realtime to lessen the blow of this misguided opinion that some morons will be led to believe is the gospel truth.
Misguided according to who???

sonofdy on February 16, 2009 at 3:09 PM

Whomever chooses to listen to someone like Keith Olbermann and believe what he says is gospel.

Remember – that person goes into the voting booth come every election….a whole bunch of his listeners just did.

AprilOrit on February 16, 2009 at 3:11 PM

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