a WHITE & CASE White & Caseur Tol 412196207700 £633 West Fifth Stroot, Suite 1900, Fox + 1.218482 2329 Los Angeles, Calforia 90071-2007 wowavhitecase.com Direct Dial +1-213-620-7772 _dwoods/@whitecase.com October 14, 2010 VIA E-MAIL & FACSIMILE Paul G, Freeborne, Esq. U.S. Department of Justice Civil Division Federal Programs Branch P.O. Box 883 Washington, DC 20044 Re: Log Cabin Republicans v. United States of America, et al Case No. 04-CV-8425-VAP (Ex) Dear Paul Today’s New York Times reports (“Unexpected Turns for Suit Over ‘Don’t Ask’ Rule,” page A23 in the New York edition and page A18 in the National Edition, available on line at hitp://www.nytimes.com/2010/10/14/us/14cabin.html?_r=1) that yesterday, October 13, after entry of the Court’s injunction in this case, a former Navy servicemember, Omar Lopez, who had previously been discharged under DADT, applied for re-enlistment at a military recruiting office in Austin, Texas, According to the Times article, “recruiters turned [Mr. Lopez] away hastily, saying they had no knowledge of any injunction ....” If the New York Times report is accurate, the Defense Department would appear to be in violation of the Court’s injunction and subject to citation for contempt. Please let us know immediately what steps the government has taken to communicate the terms and requirements of the Court’s order to military personnel, including field commanders and military recruiting offices, who are in a position to violate the requirements of the injunction under the cover of ignorance of its terms or existence. As you must know, the Defense Department responded immediately ~ within 24 hours ~ to the District Court’s injunction in the Meinhold case with a directive to the services to comply with the injunction, See document ALMATY ANKARA BANGKOK EWING BERLIN GRATISLAVA BRUSSELS BUDAPEST ORESDEN DUSSELDORF FRANKFURT HAMBURG HELSINKI HONG KONG ISTANBUL JOHANNESBURG LONDON LOS ANGELES MEXICO CITY MIAMI MILAN. MOSCOW MUNICH NEW YORK PALO ALTO PARIS PRAGUE RIYADH SAO PAULO SHANGHAI SINGAPORE STOCKHOLM TOKYO WARSAW WASHINGTON, oCPaul G, Freeborne, Esq, Raza tes October 14, 2010 produced as PERSEC 007994-95, ‘The means of communication have only improved since 1993 ‘and we have little doubt that your clients could have issued a similar directive by yesterday, We look forward to your immediate response. Very truly yours, Toldladl Dan Woods DWzhe ce: Tony West, Assistant Attorney General (by e-mail)