Case 2:04-cv-08425 Trial Day 3 Vol 2

Case 2:04-cv-08425 Trial Day 3 Vol 2
514
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
EASTERN DIVISION
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HONORABLE VIRGINIA A. PHILLIPS, JUDGE PRESIDING
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LOG CABIN REPUBLICANS,

a nonprofit corporation,
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Plaintiff,
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vs.
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UNITED STATES OF AMERICA and
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ROBERT M. GATES, SECRETARY OF
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DEFENSE, in his official capacity, )
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Defendants. )
___________________________________)
No. CV 04-8425-VAP(Ex)
Trial Day 3
Volume II
Pages 514-611
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REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS
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Riverside, California
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Thursday, July 15, 2010
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11:03 A.M.
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THERESA A. LANZA, RPR, CSR

Federal Official Court Reporter
3470 12th Street, Rm. 134
Riverside, California 92501
(951) 274-0844
WWW.THERESALANZA.COM
Trial Day 3, Volume II
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APPEARANCES:
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On Behalf of Plaintiff:
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WHITE & CASE
BY: Dan Woods
BY: Earle Miller
BY: Aaron A. Kahn
BY: Devon Myers
BY: Rachel Feldman
633 West Fifth Street,
Suite 1900
Los Angeles, California
213-620-7772
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90071-2007
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On Behalf of Defendants:
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UNITED STATES DEPARTMENT OF JUSTICE

Civil Division, Federal Programs Branch
BY: Paul G. Freeborne
BY: Joshua E. Gardner
BY: Ryan Bradley Parker
BY: W. Scott Simpson
20 Massachusetts Avenue, NW
Room 6108
Washington, DC 20001
202-353-0543
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-AND-
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UNITED STATES ARMY

Litigation Division
BY: Major Patrick Grant
Litigation Attorney
901 N. Stuart, Suite 400
Arlington, Virginia 22203
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I N D E X
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Page
Plaintiff Case (Cont'd).......................
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PLAINTIFF
WITNESS
DIRECT
JOSEPH ROCHA (cont'd)
By Ms. Myers
By Mr. Gardner
CROSS
REDIRECT
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RECROSS
536
534
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PLAINTIFF
WITNESS
AARON BELKIN
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By Ms. Feldman
DIRECT
CROSS
REDIRECT
RECROSS
537
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EXHIBITS
RECEIVED
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142
33 (11-16)
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555
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Riverside, California; Thursday, July 15, 2010; 11:03 A.M.
-oOo-
THE COURT:
You may continue.
MS. MYERS:
Thank you, Your Honor.
DIRECT EXAMINATION (cont'd)
BY MS. MYERS:
Performance Section in Exhibit 144, you mentioned the acronym
TAD.
11:03
Just to clarify, when you were reading the comments on
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What does that stand for?
11:03
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Temporary Assigned Duty.
12
And what is Temporary Assigned Duty?
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It is a duty that is -- that you are ordered on that is
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not on your primary base.
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Did you ever win any awards for your time as a handler?
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Yes.
17
What awards?
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The Navy and Marine Corps Achievement Medal.
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MR. FREEBORNE:
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THE COURT:
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The objection is overruled.
11:04
Your Honor, same objection.
Thank you.
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BY MS. MYERS:
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Marine Corps Achievement Medal is.
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11:04
Can you please describe, in your words, what the Navy and
It's my understanding it's given for an accomplishment,
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specifically, when you have done more than what is simply
expected of you.
And did you receive this award?
Yes.
Approximately when did you receive it?
Just before my tour ended in Bahrain.
Did you also receive the Global War on Terrorism
Expeditionary Medal?
Yes.
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And what is that for?
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For being in the -- I believe it's for being in the AOR,
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or the area of responsibility.
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not mistaken.
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Medal?
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Correct.
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And what is the National Defense Service Medal?
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For joining during the war.
11:04
11:04
For being in harm's way, if I'm
And did you also receive the National Defense Service

11:05
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MR. FREEBORNE:
Same objection.
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I don't want to interfere with the flow.
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have a standing objection to every -- with respect to awards,
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in character evidence.
Can I just
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THE COURT:
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The standing objection is noted for the record.
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Could you re-answer the last question.
11:05
Certainly.
11:05
519
THE WITNESS:
Yes, Your Honor.
The medal is for joining during war or conflict.
BY MS. MYERS:
Did you also receive the Navy Rifle Marksmanship Ribbon?
No.
What do you mean you were in expert?
I received the Rifle Expert Medal.
What did it mean to you to be accepted to the Naval
Academy Preparatory School?
I was an expert.
11:05
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It is the single most significant moment of my life.
It
11
guaranteed me admission to the Naval Academy if I kept doing
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what I was doing.
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attend the Naval Academy?
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That was -- well, it's the biggest dream I've ever had.
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During the time that you were with the dog-handling unit,
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was an investigation ever conducted involving Chief Petty
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Officer Toussaint?
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Yes.
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Do you know how that investigation originated?
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Yes.
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Can you please explain why.
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When I was called in by Captain Braden, the investigator,
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he placed before me a voluntary statement and asked me if I
25
recalled the event.
11:06
And what did it mean to you to have the possibility to
And the event was one -- or the statement
11:06
11:06
11:07
520
was one describing when I was hog-tied to a chair, force-fed
dog food, paraded around the base, and then left in a dog
kennel with dog feces.
And how did you respond to this inquiry?
I requested permission not to speak.
And why did you request permission not to speak?
I felt that I had a good chance of superseding everything
that happened in Bahrain and moving on to the Naval Academy and
continuing my military career, and I didn't want to lose that
10
chance.
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Did you ultimately speak to the investigator?
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Yes.
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to threaten me with a subpoena and with a court marshal for
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disobeying a lawful order from the commanding officer if I
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wouldn't speak.
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Did the investigator ask about your sexual orientation?
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No.
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Do you know if the investigator recommended you be
19
discharged under "Don't Ask, Don't Tell"?
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I don't know.
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Did the investigation conclude during the time that you
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were an active servicemember?
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No.
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Do you know whether you would have been discharged under
25
"Don't Ask, Don't Tell" as a result of the investigation?
11:07
11:07
After about an hour, the investigator felt compelled
11:08
11:08
11:08
521
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MR. FREEBORNE:
THE COURT:
BY MS. MYERS:
more detail.
Sustained.
And the incident you described, could you provide with
MR. FREEBORNE:
THE COURT:
sustained.
Objection.
BY MS. MYERS:
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Vague.
Well, at this point -- the objection is
11:09
The incident where you were tied to the chair.
12
Could you please describe that with just a little bit
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more detail.
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Yes.
I was ordered to report to the kennel by my shift
16
supervisor.
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rope, and I was motioned to sit in the chair.
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hesitation, and I was told by the senior petty officer that we
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could either do it the easy way or we could do it the hard way.
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And with that, I had a seat.
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11:08
I don't know what incident you're now referring to.
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Calls for
speculation.
Objection, Your Honor.
11:09
And when I arrived, there was a chair and tape and
I was bound to the chair.
I showed some
11:09
I was mocked, force-fed
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dog food, then pushed outside the kennel, through the street,
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to the veterinarian's office; carried into the veterinarian's
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office; carried out of the veterinarian's office; pushed back
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to the kennel; then dropped through the dog runs and ultimately
11:10
522
left in a dog kennel that was covered in feces.
did you witness harassment of other members that had the same
type of sexual overtones that the harassment that you
experienced had?
I never witnessed it, no.
What happened after you started at the Naval Academy
Preparatory School?
During the time that you were in the dog-handling unit,
11:10
MR. FREEBORNE:
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THE COURT:
Objection.
Vague.
Sustained.
11:10
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BY MS. MYERS:
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did you have time to reflect on your experience in the
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dog-handling unit?
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what happened, because I was permanently away and it was over.
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At the Naval Academy Preparatory School, what they pressed on
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us -- they stressed the most was the years of commitment, that
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we were looking at a career, that we were looking at 15 to
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20 years.
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had followed "Don't Ask, Don't Tell" as closely as possible,
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yet been subjected to such extreme abuse; and looking forward
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to a career at the Naval Academy or as an officer, I realized
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that it could just as easily happen again.
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After you started the Naval Academy Preparatory School,
It was the first time that I really was able to reflect on
And I evaluated how I had done nothing wrong, how I
Did you have any other concerns about your career as an
11:10
11:11
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523
officer, knowing that you had this long-term commitment?
very intrusive, I realized at the Naval Academy Preparatory
School that the Naval Academy would be no different and that
the officer corps would be no different.
group of people who would be well-informed as to who my
significant other was, when I had children, when I got engaged.
I was confident that it was a matter of time before I was
disgraced with a discharge.
Having just left a small unit, a small community, it's
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It would be a small
So I had to decide whether I would get ahead of the
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game and get out as someone who had served honorably in the
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Middle East or someone who had been caught as a midshipman or
13
caught as an officer.
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And what did you decide to do?
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I decided to come out.
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And what was the first step you took in that process?
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The first thing I did was, I asked Ensign Reingelstein,
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which was our division leader, if I could have permission to
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speak to Lieutenant Bonnie Eudo, who was the division
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commander.
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And was the permission granted?
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It took awhile because I wouldn't tell Ensign Reingelstein
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why I wanted to speak to Lieutenant Bonnie Eudo.
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therefore, he really had -- he needed a reason to explain
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himself to Lieutenant Bonnie Eudo as to why I wanted a
11:12
11:12
11:12
11:13
So,
11:13
524
face-to-face.
I told him as vaguely as possible that I needed to
tell him something that would end my career.
And
Ensign Reingelstein tried to convince me to stay in the unit.
in the unit.
unit.
Please describe why you were enticed or encouraged to stay
11:13
Ensign Reingelstein stressed how valuable I was to the
MR. FREEBORNE:
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THE COURT:
Hearsay.
The objection is overruled, but the
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testimony is only going to be considered for the limited
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purpose of explaining the witness's future actions, not for the
13
truth of the matter.
14
You may continue your answer.
15
THE WITNESS:
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Ensign Reingelstein stressed that the young men and
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women there looked up to me as a prior-enlisted servicemember,
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that I was valuable to the unit, and that it would be a mistake
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if I were to end my career.
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BY MS. MYERS:
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Did you think about changing your mind at this time?
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No.
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Why not?
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What happened in Bahrain was too raw in my mind for me to
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be able to change my mind; it was too immediate the possibility
11:14
11:14
11:14
11:14
525
of it all happening again.
Did you have a face-to-face with Lieutenant Bonnie Eudo?
Yes.
And please describe that meeting.
I was allowed to meet with Lieutenant Bonnie Eudo, and I
explained to him just the same as I explained here, that I
wanted to get ahead of my discharge and that I wanted to get
out while there was still honor to my service, rather than
getting caught and being disgraced.
We talked about it, and
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then he told me that I should return to my unit while he
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figured out --
12
MR. FREEBORNE:
13
THE COURT:
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Objection.
11:15
11:15
Hearsay.
The objection is overruled, but the Court
only considers this testimony for the same limited purpose.
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You may continue.
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THE WITNESS:
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I was instructed to return to my unit and carry on
11:15
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the plan of the day as usual until he informed me what was
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going to happen.
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BY MS. MYERS:
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Did he later inform you what was going to happen?
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He later called me back to his office.
23
was to stress that I was being considered for battalion
24
leadership and that the unit needed me.
25
11:16
And this time, it
What is battalion leadership?
11:16
526
Battalion leadership would be a chain of command that
would mirror the official chain of command.
students -- in charge of students.
And how did you respond to him?
I told him that it was an honor, that it meant a lot to
me, but that I had already made up my mind.
It would be
Why did the unit need you?
MR. FREEBORNE:
THE COURT:
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BY MS. MYERS:
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Objection.
Calls for speculation.
Sustained.
11:17
What is your belief as to why the unit needed you?
12
MR. FREEBORNE:
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THE COURT:
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I want to ask the witness a question about one of his
Same objection, Your Honor.
The objection is sustained.
15
last answers, which was about the chain of command -- I forget
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what it was called, but the chain of command that would mirror
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the official command.
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how that works or what it consists of.
19
11:16
THE WITNESS:
Can you tell me a little bit more about
Your Honor, I don't know very
20
specifically, but just the same as there's a commanding officer
21
who is an officer of the United States military and an
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executive officer and master-at-arms and different
23
responsibilities within the official chain of command, the
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Naval Academy Preparatory School had a similar chain of command
25
that mirrored the official one, that was composed of students.
11:17
11:18
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527
So the officer --
THE COURT:
THE WITNESS:
THE COURT:
But it's selected by the faculty?
THE WITNESS:
THE COURT:
Go ahead.
The student body?

Yes.
All right.
Thank you.
11:18
Yes.
All right.
Thank you.
BY MS. MYERS:
10
11
were talking to him?
12
He was a lieutenant in the United States Navy.
13
And why did he tell you that your unit needed you?
14
15
16
17
What was the rank of Mr. Bonnie Eudo at the time that you
MS. MYERS:
11:18
And if I may respond to the pending
objection, Your Honor.
11:19
MR. FREEBORNE:
Your Honor, objection.
Calls for
speculation.
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THE COURT:
19
You may answer.
20
THE WITNESS:
21
MR. FREEBORNE:
22
THE COURT:
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THE WITNESS:
I had told the unit -Objection.
Hearsay, Your Honor.

I had told the unit, during an
24
opportunity, that I needed them as much as they needed me; that
25
I had military experience, and that I had experience overseas,
11:19
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528
but that I had been out of school for a lot of time and that I
would need their help in math and in science; and that's the
relationship I built with them.
And it's specifically this that
Lieutenant Bonnie Eudo was talking about, that the young men
and women had taken very strongly to that, to looking up to me
and to wanting what I had to offer, and to wanting to see me
succeed as well.
BY MS. MYERS:
10
After this conversation, what happened next?
11
After this conversation, I told Lieutenant Bonnie Eudo
12
that I would tell him that I was gay in whatever way he wanted,
13
whether it was in writing or verbally again, but that I was
14
done.
15
know what to do with me, because while the prep school and the
16
Naval Academy had kicked out people for being gay, no one had
17
just come out to them.
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they didn't know how to proceed, and also because they didn't
19
know if I fell under the enlisted "Don't Ask, Don't Tell"
20
policy or the commissioned "Don't Ask, Don't Tell" policy.
21
11:19
11:20
He expressed to me that the prep school didn't quite

11:20
Because I hadn't done anything wrong,
11:21
I think within a day, I was removed from the unit and
22
placed in restriction.
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What were the terms of your restriction?
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I was to wear the working uniform, utilities.
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a separate compound.
I lived in
I was not allowed to speak to the
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students anymore through e-mail or texting or phone calls or
acknowledge them on the campus, because they were afraid I
might influence them.
leaves, pulled weeds, worked at the dump, in front of what used
to be my peers just a day ago.
your unit once you were placed on restriction?
They would text me, and I would try not to text back.
Did you address them as a group at any point in time?
10
I was granted permission before I left the unit, before I
11
left the school, the compound, to speak to the entire unit.
12
And what did you say to the entire unit?
13
I told them that I had to make a very difficult decision,
14
that I couldn't explain myself to them, but that perhaps they
15
would know in the future; and I just asked them to trust that I
16
had made the right decision.
17
and the rest of the division was visually upset.
18
So did you disclose at this time your sexual orientation?
19
No.
20
Have you since disclosed to some of the members of your
21
unit your sexual orientation?
22
Yes.
23
Do you continue to be friends with people that you
24
disclosed your sexual orientation to?
25
I had a 9:00-to-5:00, where I raked
11:21
Did you have any further communication with the members of
11:22
One of the girls started crying,
Everyone I was a friend with at Naval Academy Preparatory
11:22
11:22
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530
School, I'm in contact with through e-mail, Facebook, phone
calls; and they have even invited me to Annapolis and hosted me
in Annapolis.
terms of the procedure for your disclosure of your sexual
orientation?
speak to Captain Seabring.
that he first wanted to know if I understood that I was being
Once you were placed on restriction, what happened next in

11:23
Perhaps within a week or so, I was granted permission to

Captain Seabring explained to me
10
considered for battalion leadership.
And I said yes.
He then
11
explained to me that the Naval Academy and the lawyers at the
12
Naval Academy had gotten back to him, that the decision of the
13
Academy was that if I would take back in writing -- that I was
14
not gay, that I could stay, and that it would not affect my
15
acceptance to the Academy.
16
How did you respond?
17
I told Captain Seabring that I was surprised, that it
18
reflected highly on the Academy, but that I had been to the
19
fleet and I knew that their protection would only last within
20
their school.
21
22
commemorate your sexual orientation?
23
Yes.
24
And how did you do this?
25
Through a voluntary statement.
11:23
11:24
11:24
Did you subsequently put something in writing to
11:24
531
Okay.
2
3
Can you please turn to Exhibit 142, for me, please.

Same binder.
4
5
Do you recognize this document?

A
(Complies.)
11:25
Yes.
Can you please describe it to the Court.
This is my voluntary statement to Captain Seabring.
9
10
MS. MYERS:
Your Honor, I would move to admit
Exhibit 142 into evidence.
11:25
11
MR. FREEBORNE:
12
THE COURT:
13
And 142 is ordered admitted.
14
MS. MYERS:
15
(Exhibit 142 is received.)
Relevance.

11:25
16
BY MS. MYERS:
17
18
contest your discharge?
19
No.
20
Why not?
21
I had nothing to contest.
22
What do you mean?
23
I waived my right to appeal, because I wasn't appealing my
24
discharge.
25
appealing my outprocessing.
During this time, after you wrote this letter, did you
11:26
I wasn't appealing that I was gay.
I wasn't
And I also wanted to spare myself
11:26
532
from -- I understood that the military had it in its rights to
conduct an investigation to find out if I was actually gay, and
I wanted to avoid that.
Why did you want to avoid that investigation?
Further humiliation.
do that would be by speaking to my family, which I wasn't on
good terms with, and speaking to all of my friends, who mostly
none knew I was gay.
And how would you feel about that type of investigation?
10
Further violated.
11
Have you been diagnosed with any medical conditions
12
related to your time in the dog kennel unit since your
13
discharge?
14
Yes.
15
And what are those conditions?
16
I was diagnosed by the VA with posttraumatic stress
17
disorder, with major depression; and I was given a
18
service-connected disability for posttraumatic stress disorder
19
and inability to sleep.
20
21
Tell" were [sic] in place, you would have experienced the same
22
harassment?
23
24
25
I imagined the only way they could
11:26
11:27
In your opinion, do you think that if "Don't Ask, Don't
MR. FREEBORNE:
expert witness.
11:26
11:27
He's not an
It also calls for --
THE COURT:
Sustained.
11:27
533
BY MS. MYERS:
you experienced because of your fear during the time you were
in the dog kennel unit was directly related to the "Don't Ask,
Don't Tell" policy?
Do you think that your inability to report the harassment
6
7
11:28
MR. FREEBORNE:
Your Honor, same objection.
It also
calls for speculation.
THE COURT:
The objections are overruled.
You may answer.
10
THE WITNESS:
11
THE COURT:
12
THE WITNESS:
Do you remember the question?
Yes, Your Honor.
Go ahead.
I'm confident that, at least
13
personally, had "Don't Ask, Don't Tell" not been the policy, I
14
would have felt confident to report the abuse when it
15
escalated, and not fear reprisal.
16
BY MS. MYERS:
17
And why is that?
18
Because it is against our policy to haze, but as a gay
19
servicemember, I had no protection.
20
21
ability to perform as a Navy servicemember?
22
23
times exceeded the performance of my peers.
24
25
Tell" is no longer the policy?
11:28
Do you think that your sexual orientation affected your
No.
11:28
11:29
I'm confident that I performed just as well, and many
Would you want to rejoin the military if "Don't Ask, Don't
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534
I want nothing more than to continue my career in the
armed forces.
And why is that?
I feel that it was taken away from me.
just don't -- I don't feel right being out of the military, and
I won't be happy until I can continue what I started.
I feel that -- I
MS. MYERS:
I have no further questions at this time.
THE COURT:
10
11:29
Thank you.
Thank you.
Cross-examination, Mr. Freeborne.
11
11:30
CROSS-EXAMINATION
12
BY MR. FREEBORNE:
13
14
name is Paul Freeborne.
15
Good morning, Sir.
16
Now, you've testified on direct that you were the subject
17
of hazing and harassment in Bahrain; correct?
18
Correct.
19
Now, others were subjected to hazing and harassment in
20
Bahrain; correct?
21
Correct.
22
In fact, three-quarters of your unit was subjected to some
23
form of hazing and harassment at the hands of Chief Toussaint;
24
correct?
25
Mr. Rocha, good morning.
We met last week, but, again, my
11:30
Correct.
11:30
535
And, in fact, only a handful of people were immune from
Chief Toussaint's abuse.
Correct.
Now, during direct, you discussed the fact that you
brought the hazing and harassment that you were subjected to to
the attention of Captain Braden; correct?
I did not bring it to his attention.
To be clear, you were asked to confirm the hazing and
harassment that you were subjected to; correct?
10
Correct.
11
And you were asked by Captain Braden.
12
Correct.
13
And following the statement that you made to
14
Captain Braden, you were not discharged; correct?
15
Correct.
16
You weren't discharged until you made the voluntary
17
statement that we see in JX-142; correct?
18
Correct.
19
Now, lastly, before you came under the command of
20
Chief Toussaint, you didn't experience hazing and/or harassment
21
in the Navy; correct?
22
11:30
11:31
11:31
11:31
Correct.
23
MR. FREEBORNE:
24
THE COURT:
25
Redirect examination?
I have no further questions.
Thank you.
11:31
536
MS. MYERS:
Your Honor, just a few questions.

REDIRECT EXAMINATION
BY MS. MYERS:
dog-handling unit, was it directed towards other people's
sexual orientation?
No.
By the time that you left active service, was the
investigation by the Inspector General completed?
10
The other hazings that you witnessed as a member of the
No.
11:32
11
MS. MYERS:
No further questions, Your Honor.
12
THE COURT:
Thank you.
13
You may step down.
14
THE WITNESS:
15
THE COURT:
And the plaintiff may call its next
17
MR. WOODS:
Yes, Your Honor.
18
Our next witness is Professor Aaron Belkin, who is on
16
19
11:32

11:32
witness.
his way from outside the courtroom.
20
THE COURT:
Thank you.
21
(Aaron Belkin takes the witness stand.)
22
THE COURT:
23
You do solemnly swear the testimony you are about to
11:33
Please raise your right hand.
24
give in the cause now pending before this court will be the
25
truth, the whole truth, and nothing but the truth, so help you
537
God?
THE WITNESS:
THE COURT:
And please state your full name and spell your name
I swear, Your Honor.
Okay.
You may be seated.
for the record.
THE WITNESS:
Aaron Belkin, A-a-r-o-n, B-e-l-k-i-n.
THE COURT:
You may inquire, Ms. Feldman.
MS. FELDMAN:
Thank you.
10
AARON BELKIN,
11
called as a witness on behalf of the plaintiff, having been
12
first duly sworn, was examined and testified as follows:
13
DIRECT EXAMINATION
14
BY MS. FELDMAN:
15
Good morning, Professor Belkin.
16
17
11:34
Let's begin by discussing your employment and your

educational background.
18
Where did you receive your undergraduate education?
19
Brown University.
20
And what degree did you obtain from Brown University?
21
International relations, BA.
22
And what year did you graduate from Brown with your degree
23
in international relations?
24
1988.
25
What did you do after you graduated from Brown?
11:35
11:35
538
I worked for three years at a think tank, engaged in
teaching and research and administrative support.
And what was your role at the think tank?
I helped my bosses plan conferences, and I also
co-authored some scholarly papers, and I served as a teaching
assistant for my bosses' course.
worked on at the think tank?
11:35
And what were the subjects of the scholarly papers you
The Cuban Missile Crisis.
The think tank was focused on
10
the risk of war and nuclear war, and the Cuban Missile Crisis
11
was a piece of the research that the center was working on.
12
13
is that correct?
14
Yes.
15
And what did you do after you left the think tank?
16
I went out to Berkeley for graduate school.
17
And what degree did you obtain from Berkeley?
18
I got a master's and a Ph.D. in political science.
19
And both degrees were in political science?
20
Yes.
21
What year did you graduate with your master's?
22
It wasn't a graduation, but the master's is awarded after
23
the first year in the program; so that would have been 1992.
24
25
science?
11:35
And you were there for three years, so you left in 1991;
11:36
11:36
And what year did you obtain your Ph.D. in political
11:36
539
1998.
And did you prepare a doctoral dissertation?
I did.
And what was the focus of your dissertation?
It was on Coups d'etat and what happens when leaders are
vulnerable to their own militaries.
whether leaders who are vulnerable to their own militaries
sometimes engage in foreign wars in order to protect themselves
from their own armed forces.
11:36
And my question was
10
And what did you do after you graduated with your Ph.D. in
11
1998?
12
13
start service as a professor.
14
15
Santa Barbara?
16
17
promoted to tenure and obtained the rank of assistant
18
professor.
11:37
I went to University of California, Santa Barbara, to
And what was your position at University of California,
I started as an associate professor, and then I was
19
THE COURT:
Don't you have that backwards?
20
THE WITNESS:
21
Did I say associate first?
22
Assistant, then associate.
Sorry.
11:37
23
BY MS. FELDMAN:
24
And what department were you in at UC Santa Barbara?
25
Political science.
11:37
540
And what year did you obtain your tenure and become an
associate professor?
I don't actually remember.
What courses did you teach while you were at UC Santa
Barbara?
international relations, political psychology, social science
methodology; most of those were at the graduate and
undergraduate level.
It would have been about 2004.
11:38
I taught a lot of courses.
International security,
10
11
What was the curriculum for that course?
12
13
the grad students understand as they begin their doctoral
14
research is how to distinguish plausible social science from
15
snake oil.
16
about a social scientific phenomenon, a political phenomenon in
17
particular?
18
methods do you bring to bear to sustain an answer that is
19
plausible?
20
21
22
Can you describe your social science methodology course.
11:38
Well, that -- so the basic question that we want to help
In other words, how do you ask a good question
And then how do you answer that question?
11:38
So what
So we would talk about statistical methods, what you
11:39
could call historical or case study methods.

There's another methodology called counterfactual
23
methodology which we talked about.
24
methods, so I didn't train them to become statisticians; but we
25
talked about when you would invoke which methodology to answer
We didn't actually do the
11:39
541
which type of question.
Barbara?
the main subjects, of my courses in international relations
theory.
Can you describe for the Court what political economy is.
It's actually a huge literature.
macroeconomic considerations; for example, trade sanctions, aid
10
Did you teach any political economy courses at UC Santa
Political economy was always one of the subjects, one of
to the developing world.
11
And my focus was on
In other words, macroeconomic policy.
microeconomic policy, but that's not my focus.
13
Be sure to keep your speed slow.
14
Okay.
15
Did you teach any courses at UC Santa Barbara related to
16
the military?
17
18
international relations courses and in my international
19
security courses.
I did.
11:40
Well, the military was always a topic in my
And I taught, of course, a gays in the military
21
course, that focused on military personnel policy, and then --
22
sorry; this was awhile ago -- I taught a course on race and
23
militarism in the states, that had more to do with the
24
integration of racial minorities into the military.
25
11:39
There are people who work on political economy who do
12
20
11:39
And so, yeah, it was a constant theme in my teaching.
11:40
11:40
542
Can you describe for the Court the curriculum of your gays
and lesbians in the military course.
Sure.
We would start the semester with about a month on
what's called queer theory.
that is designed to help people understand the importance of
categories; so what does it mean to categorize someone as gay
or straight, black or white, male or female.
how those categories get established and why they're important.
10
And queer theory is a body of work
And it's about
So we would do about a month of work on the
11
theoretical apparatus, and then we would do an extended case
12
study for about two months on gays in the military.
13
wanted the students to take from the course was not just an
14
appreciation of gays in the military and "Don't Ask, Don't
15
Tell," but a broader sense of what it means when different
16
groups in civil society fight over government policy and try to
17
use government policy to establish their idea of who's normal
18
and who's not normal.
19
11:41
11:41
And what I
11:42
That's a phenomenon that has -- a struggle that has
20
taken place throughout American history.
And gays in the
21
military is one such example of that kind of struggle.
22
23
course -- I believe you called it race, militarism, and the
24
state.
25
11:42
And can you describe generally the curriculum of your
So there was some overlap with the gays in the military
11:42
543
course.
But we also talked about the integration of
African-Americans into the military, and we also talked about
the militarization of American society by which -- I mean, the
ways in which the military has come to be understood by many
Americans in kind of hyperglorified ways, unquestioning ways,
and what it means for a society when militarization gets more
and more extreme.
How long were you a professor at UC Santa Barbara?
For 12 years, although for one of those years I was on
10
leave -- actually, sorry -- two of those years I was on leave;
11
one on leave in New York, and one on leave in San Francisco.
12
13
until 2010?
14
Yes.
15
And when did you leave UC Santa Barbara?
16
July 1st of this year.
17
And where are you currently employed?
18
San Francisco State University.
19
And what is your position at San Francisco State
20
University?
21
Associate professor of political science.
22
Are you currently teaching any courses?
23
Not this minute, but last semester I taught American
24
politics.
25
11:43
11:43
So that would bring you until -- you started in 1998 --
11:43
11:43
And I'll teach that again next year.
Is that an undergraduate or a graduate class?
11:44
544
It's a big undergraduate lecture to 700 students.
Then you mentioned you spent a year in New York.
Where were you during that year in New York?
I was a professor at Hunter College in New York City.
And when was that?
It would have been 2006.
And what did you teach at Hunter College?
I was in the psychology department there, so I taught
political psychology and then my social science methods course.
11:44
10
Can you describe for the Court what political psychology
11
is.
12
13
course, the overlap of psychological inquiry and political
14
inquiry.
15
theories to investigate political phenomena.
16
if you did a psychological study of a leader and tried to
17
explain the leader's political decisions in terms of his or her
18
personality, that would be a classic study in political
19
psychology.
20
21
University, do you hold any other positions right now at other
22
organizations?
23
I'm also the director of the Palm Center.
24
And can you please explain for the Court what the
25
Palm Center is.
Political psychology is also a broad field.
11:44
It's, of
And, in general, it's about the use of psychological

So, for example,
So aside from your current position at San Francisco State
11:44
11:45
11:45
545
It's a think tank, and we study "Don't Ask, Don't Tell."
In addition to being the director, were you also the
founder of the Palm Center?
Yes.
And when did you found the Palm Center?
It was right when I got to Santa Barbara.
for the -- well, we had a different name back then, but I
applied for the Center to have official status at University of
California right when I arrived in 1998.
11:45
So I applied
And that status was
10
granted in early 1999.
11
What was the previous name of the Palm Center?
12
It was the Center for the Study of Sexual Minorities in
13
the Military.
14
And why did you decide to create the Palm Center?
15
The debate over "Don't Ask, Don't Tell," as I saw it, had
16
been influenced by a great deal of emotion, and I saw
17
participants on both sides of the debate using claims that just
18
did not seem to be grounded in social science.
19
to bring a little bit more light to the debate with evidence,
20
state-of-the-art evidence, so that we could kind of make sure
21
that the public policy conversation was based on data more than
22
emotion.
23
24
it?
25
11:46
11:46
So the idea was
11:46
And what was the goal of the Palm Center when you created
Exactly that.
To inform public policy with
11:47
546
state-of-the-art data.
You mentioned that you applied to the UC Santa Barbara.
What is the official status between UC Santa Barbara
and the Palm Center?
of California.
UC system, so we're governed by University of California rules;
and they manage our finances, audit our books, our personnel
policies.
The Center is an official research unit of the University

It's a research institute that is part of the
Like, when we hire and fire, we have to conform to
10
university policy.
11
What types of data does the Palm Center seek to publish?
12
Any social scientific or historical or -- basically any
13
data that sheds light on the "Don't Ask, Don't Tell" policy,
14
and, in particular, the plausibility of the rationales behind
15
the policy, the costs, and benefits of the policy.
16
basically anything related to "Don't Ask, Don't Tell."
17
For whom does the Palm Center seek to be a resource?
18
Basically anyone who needs information.
19
our audiences the public, the media, scholars, members of the
20
military.
21
members of the military.
22
Basically anyone involved in the conversation.
23
24
25
11:47
11:47
So just
11:48
So we consider
We've spent a great deal of energy reaching out to
11:48
All branches of the government.
You said you spend money reaching out to the military.

What have you done to reach out to the military?
A lot of different things.
11:48
547
We've published our studies in military journals.
Every year, for the last seven years, I personally, or in one
case, a member of my staff, traveled to the Army War College
and the Air Force Academy and the Military Academy at
West Point, to teach courses and give lectures and hold
meetings on "Don't Ask, Don't Tell."
20 or 21 visits to military universities.
8
9
11:49
So that's, I don't know,
We've also visited other military universities, less

systematically.
The National Defense University, the Naval
10
Postgraduate School, the Air War University.
These were all
11
invited lectures, when the military invited me, and in one
12
case, my staff, to come talk with them, listen and talk.
13
14
since you created it?
15
16
always.
17
I do some of the research.
18
executive director of a nonprofit does.
19
Who else is employed at the Palm Center?
20
That's a little bit of a tricky question, because we
21
have -- most of our staff -- it's a small staff, but the staff
22
work as contractors.
23
employed is the assistant director, Indra Lusero.
24
are other people who have staff positions who are vendors or
25
contractors, if you will.
11:49
And what has been your personal role at the Palm Center
I'm responsible for everything -- I mean, with my staff
11:49
But I do the fund-raising, I commission the research,
Basically anything that an
11:50
So the only person who's actually

But there
11:50
548
What other types of staff positions are there at the
Palm Center?
Chris Neff; and we have people who help us with our web page;
and we have communications, public relations, people, so...
the Palm Center to study issues related to "Don't Ask, Don't
Tell"?
Well, we have a deputy executive director, named
11:50
What is the research methodology used by researchers at
It just depends on the question that particular study is
10
asking.
We've had scholars use statistical methods; we've had
11
scholars use case study methodology.
12
legal scholars write law review papers for us.
13
methodology, for lack of a better word.
14
11:51
We've actually had a few

So legal
I'm never concerned about methodology for its own
15
sake.
The only reason to use a particular methodology would be
16
if it's the best, the most appropriate method for answering a
17
question.
18
19
Palm Center?
20
21
authors or calls for research proposals on academic LISTSERVs.
22
So we'll distribute, like -- we'll want to do a paper on X, so
23
we'll describe that, and we'll send a notice to the sociology
24
LISTSERV, the political science LISTSERV, whatever discipline
25
is under consideration.
11:51
How do you locate scholars to do research for the
Sometimes people come to us.
Sometimes we post calls for
11:51
11:52
549
So when you commission a report and find a scholar, how do
the scholars, working with the Palm Center, reach their
conclusions for those commission studies or reports?
the Palm Center and with the Palm Center ask questions, and so
when I commission a study, the scholar or scholars and I will
work together to craft the question.
question, but then they might say, No, let's craft -- I work
together with the scholars to craft the question, and then they
Well, it's very important to me that scholars working for
So I'll put out the
10
go and find the answers to the question.
11
supposed to come up with a particular answer to a question;
12
they're supposed to use good research practices to find
13
whatever answer the data suggests.
14
11:52
So they're not
So the answers are driven by the data.
11:53
And it's very
15
important that the scholars understand that when they start a
16
research process.
17
18
Don't Tell" has the Palm Center released or commissioned since
19
its founding?
20
31.
21
And what was your involvement in those publications or
22
studies?
23
24
authored myself; some of them I commissioned and served as a
25
co-author; some of them I commissioned, and then the scholars
11:53
How many publications or studies related to "Don't Ask,
It just depends on the study.
11:53
Some of them I just
11:54
550
just did their work, and then they published the studies.
research you personally have conducted through the Palm Center.
I've conducted a number of studies on gays and lesbians in
foreign militaries.
behind the unit cohesion rationale.
data, but about the kind of logical structure of the unit
cohesion rationale.
10
Can you generally describe for the Court some of the
My research has been on a number of different topics.
I did a study on the theoretical apparatus

So not a study about the
I've worked on the privacy rationale.
I've published a study on that.
11
11:54
11:55
Others might come to mind, but...
12
Has the --
13
Oh.
14
Go ahead.
15
I was involved in a study on the financial costs of "Don't
16
Ask, Don't Tell," and then involved in -- not as an author, but
17
still involved with the study, of general and flag officers who
18
did a year-long analysis of all of the data and then published
19
their analysis of the policy.
20
21
Sorry.
Okay.
11:55
11:55
Has the Palm Center ever published studies, data,
22
analyses, or reports which contain evidence that allowing open
23
service of gays and lesbians in the military would undermine
24
performance?
25
Well, we publish all of the data we uncover.
Some of that
11:55
551
data has been used by people who oppose "Don't Ask, Don't Tell"
to -- I'm sorry -- who oppose -- who support "Don't Ask, Don't
Tell," who oppose allowing gays to serve openly in the
military.
scholars and experts and activists on that side of the debate,
to make their case.
So some of our data has been used by leading

11:56
Now, whether I agree that those data actually do
support the case for "Don't Ask, Don't Tell" is a different
question, but it's absolutely the case that our data have been
10
used on numerous occasions by people trying to support "Don't
11
Ask, Don't Tell."
12
data.
13
14
situations where proponents of a ban on open service have used
15
Palm Center data to make their case.
16
11:56
In fact, the lawyers in this case used my
Aside from that example, can you give examples of
11:56
Sure.
17
Well, Elaine Donnelly is the most forceful famous
18
expert in the country fighting for "Don't Ask, Don't Tell."
19
mean, she's the one who testifies in Congress when that side of
20
the issue -- whenever the issue comes up.
21
Zogby data on -- well, actually, a number of different
22
factors -- on the percentage of servicemembers who say they
23
would have never joined the military if gays were allowed to
24
serve openly or who would leave the military; and also on the
25
percentage of servicemembers who say that they don't want gays
And she's cited our
11:57
11:57
552
to serve openly; and the percentage of servicemembers who say
that gays and lesbians undermine their morale.
3
4
So, yeah, she's cited our data many times, actually.

Q
Okay.
In accordance with the Palm Center's mission or goal,
would the Palm Center publish evidence which supports the
stated rationales for "Don't Ask, Don't Tell" if it came across
such data?
Yeah.
10
Why?
11
Our job is to put the data out there.
12
Absolutely.
11:58
I mean, our job is to make sure that everyone is
13
talking on the basis of data and not emotion.
14
I mean, that is our mission right there.
15
16
commissioned by the Palm Center, been published in military
17
journals?
18
19
20
21
And so that's --
Have any studies, reports, or publications, prepared or
11:58
I'm actually very proud of that.

There's a very important naval journal called Naval
Institute Proceedings.
And they published one of our pieces.
11:58
And then there's a journal called Parameters, which
22
is the official journal of the Army War College.
23
knowledge, they had never published anything on any gay issue,
24
ever; and they published one of my studies.
25
11:57
Yeah.
To my
Those two examples.
11:59
553
Can you take a look at Exhibit 33.
Volume III in the binders next to you.
Okay.
And for identification purposes, is this a copy of your
expert report prepared in this case?
Yes.
And if you turn to -- well, we start at Page 1, but it's
following Page 11 of your expert report, Page 12.
Yes.
10
And is this your CV?
11
Yes.
12
MS. FELDMAN:
I believe it's in
11:59
11:59
Your Honor, I move to admit his CV,
13
just the portion of the CV attached to the expert report, into
14
evidence.
15
THE COURT:
Is that Pages 11 and 12 of Exhibit 33?
16
MS. FELDMAN:
17
THE COURT:
18
MR. GARDNER:
12:00
It's Pages 12 through 17, I believe.
Any objection?
Yeah, Your Honor.
I'm actually a
19
little confused.
If you look at the joint exhibit list,
20
Exhibit 33 is actually Dr. Belkin's initial report, not his
21
revised report, which is only ten pages long.
22
confused now as to whether or not Exhibit 33 is intended to be
23
the revised report, which is one additional page, the page to
24
which we objected to in the motion in limine, Document Number
25
178, or whether it's supposed to be the initial report.
12:00
I'm a little
12:00
554
MS. FELDMAN:
Your Honor, for our purposes, we just
want to admit the CV, so it doesn't matter to us whether it's
the initial or the revised.
4
5
THE COURT:
So what you're offering, though, is
attached to Exhibit 33?
MS. FELDMAN:
THE COURT:
MR. GARDNER:
THE COURT:
10
Yes.
Any objection to that?

Other than relevance, no, Your Honor.
Pages 12 through 17 of Exhibit 33 are ordered
11
admitted.
12
BY MS. FELDMAN:
13
14
research --
15
12:01
12:01
And you may publish.
Professor Belkin, have you published any studies, reports,
THE COURT:
Actually, Ms. Feldman, before you move
16
on, it's almost noon, so I think this is probably a good
17
breaking point for the lunch hour.
18
We'll stand in recess until 1:10 this afternoon.
19
Thank you.
20
(Whereupon, a lunch recess was held.)
21
THE COURT:
22
You may continue.
23
MS. FELDMAN:
You may step down.

12:01
Good afternoon.
Your Honor, I'd like to make a
24
correction with regard to Exhibit 33.
25
was pages 12 through 17.
12:01
I'm sorry.
I think I told you it

I was mistaken.
It's
01:14
555
actually pages 11 through 16.
THE COURT:
That correction is noted for the record.
That changes everything.
through 16 ordered admitted.
It's 11
Thank you.
(Exhibit 33, pages 11-16, is received.)
BY MS. FELDMAN:
research or other publications concerning "Don't Ask, Don't
Tell"?
Professor Belkin, have you published any studies, reports,
10
Yes.
11
Have any of these works been published in peer-reviewed
12
journals?
13
Yes.
14
Which of your works have been published in a peer-reviewed
15
journal?
16
Shall I look at the CV or just from memory?
17
You can go ahead and look at your CV.
18
19
01:14
01:14
01:14
THE COURT:
Could you put the CV -- the publication
list on the e.l.m.o., please.
That's part of the CV?
20
MS. FELDMAN:
Yes, it is, Your Honor.
21
THE WITNESS:
So the edited book, Don't Ask, Don't
22
Tell: Exploring the Debates, that's a peer-reviewed
23
publication.
24
BY MS. FELDMAN:
25
Hold on for one minute while I get this up here.
01:14
01:15
556
1
2
It's actually a couple of pages so it's hard to get

it all up there.
3
4
THE COURT:
Even if you just do the page that you're
talking about at that point, that would be helpful.
Thank you.
01:15
BY MS. FELDMAN:
I'm sorry.
And this is only "Don't Ask, Don't Tell" publications that
are in peer-reviewed journals?
10
11
publications.
12
Go ahead, Professor Belkin.
Not all publications?
Well, let's start with "Don't Ask, Don't Tell"
Okay.
13
At the top of what's labeled in my Exhibit, Page 2,
14
Don't Ask, Don't Tell: Does the Gay Ban Undermine the
15
Military's Reputation? in the Armed Forces and Society is peer
16
reviewed.
17
Society, that had kind of a semi peer-reviewed status, which I
19
can explain.
21
22
23
24
25
01:16
The next publication, also in Armed Forces and
18
20
01:16
Down the page, A Modest Proposal, International
01:16
Security, that's peer reviewed.

Down the page, The Study of Gays and Lesbians in
San Diego, San Diego Police Department, peer reviewed.
The Study of the Israel Defense Forces: Homosexuality
and the Idea is peer reviewed.
01:16
557
I believe that the third from the bottom, The Study
Of Gays and Lesbians in the Canadian Military, that that was
peer reviewed.
Were there any other publications on the next page?
Not about "Don't Ask, Don't Tell."
That's it.
Oh.
Those are chapters.
reviews.
10
01:17
Sorry.
No.
Those are chapters and book
Those are not peer reviewed.
Thank you.
Can you please explain for the Court which one of
11
these publications are in military journals.
12
Military studies or military journals?
13
Military journals, please.
14
The Parameters' article, which is -- I lost it.
15
Am I missing it?
16
I'm either missing it or it's accidentally omitted,
01:17
01:18
17
but the journal -- the article in Parameters, The Official
18
Journal of the Army War College.
19
Do you recall the title of that article?
20
Don't Ask, Don't Tell:
21
Evidence or something -- or based on data or something like
22
that.
23
24
publication?
25
Is the Gay Ban Based on Military
01:18
When did you publish the article in the Parameters'
Would have been 2002 or 2003.
01:18
558
Professor Belkin, have you published any books on -- have
you published any books?
I've published three.
What are the titles of the books you've published?
They're listed here.
based on my doctoral dissertation.
7
8
United We Stand?
That was the book
01:19
And then Don't Ask, Don't Tell: Exploring the Debates

on the Gay Ban in the U.S. Military.
And then Counterfactual Thought Experiments.
10
11
Debates on the Gay Ban in the U.S. Military, when did you
12
publish that book?
13
It was awhile ago; 2003.
14
Can you describe generally the subject of that book?
15
Yeah.
16
Beginning with Don't Ask, Don't Tell: Exploring the
01:19
01:19
So that was a book based on a conference that I
17
organized at the Commonwealth Club of California, and we had
18
experts, pro- and anti-"Don't Ask, Don't Tell," debating a
19
number of different subjects:
20
based on evidence?
21
there any costs associated with "Don't Ask, Don't Tell"?
22
Is the unit cohesion rationale
Is the privacy rationale plausible?
Are
01:19
And so that book consisted of the conference
23
transcript with introductions that my coeditor and I wrote for
24
each chapter.
25
And can you describe generally the subject of your book
01:20
559
Counterfactual Thought Experiments in World Politics: Logical,
Methodological, and Psychological Perspectives?
about earlier, social science methodology.
behind that book is that any time a social scientist or anyone
makes a causal claim, X causes Y, you're simultaneously, in
most cases, making a hypothetical claim, also called a
counterfactual claim, that if X had not happened, then Y would
not have happened or would have happened differently or would
10
So that's a book from the subject that we were talking

And the basic idea
have happened less or more.
11
01:20
01:20
So in other words, causal claims and counterfactual
12
claims are logically equivalent.
But as scholars we lack
13
standards for assessing the plausibility of counterfactual
14
claims.
15
causal and counterfactual claims, the fact that we were not --
16
are not very good at assessing the plausibility of
17
counterfactual claims implies that we're not very good as
18
scholars at assessing the plausibility of causal claims.
And given the equivalence, the logical equivalence, of
19
01:21
And so this book laid out standards that you can use
20
to distinguish between plausible and implausible
21
counterfactuals.
22
methodology, causal inference.
23
And you published that in 1996; correct?
24
Yes.
25
You mentioned prior to the break that you've researched
01:21
It was a book in the social science
01:21
560
foreign militaries through the Palm Center.
Can you describe generally your research on foreign
militaries.
Sure.
We did studies of the Australian -- and by "we," I
mean my research staff and I, did studies of the Australian,
Canadian, Israel and British militaries.
each example was the same:
any of these militaries impact cohesion, readiness, morale, or

any other aspect of military performance?
11
questions.
So those were the
01:22
And should I say more or do you want to ask
13
specifically, because I can --
14
Sure.
15
Okay.
16
And the question in
Did the lifting of the gay ban in
10
12
01:22
Go ahead.
01:22
So the methodology we used to assess the answer to
17
that question was something called snowball sampling, which
18
meant that we identified everyone -- not some people, but
19
everyone who had gone on record about a particular case with an
20
opinion on gays in the military, every expert, ministry
21
officials, nonprofit workers, clergy, if I'm not mistaken,
22
politicians, journalists.
23
asked them who else do you know who's an expert on this
24
particular case?
25
asked them, who do you know who's an expert on this case?
01:23
And we interviewed them, but then
And then we would interview those people and
01:23
561
It's almost like a spiderweb methodology, but it's
called snowball sampling.
there to interview, until there were no more names.
way we identified what we think was the entire universe of
experts on each case.
And so we keep asking who else is

And that
01:23
So, and then we also did comprehensive literature
reviews to find every document that's been published,
government or newspaper or scholarly, about the cases.
And did you research your findings from your research on
10
the Australian, British, Canadian and Israel militaries?
11
I'm sorry, did I research?
12
Did you publish your findings on your research on the
13
Australia --
14
15
published two of the case studies in peer-review journals; two
16
of the case studies published as self-published studies on the
17
Palm Center's web site; and then all four -- that study I
18
mentioned before, that was published in the Official Journal of
19
the Army War College, the Parameters, that is an abbreviation
20
of each of four case studies.
21
When did that Parameters piece get published?
22
I'm sorry, again, that I neglected to add it to the CV.
23
It was 2002 or 2003.
24
25
of these are your publications on the Australian, Canadian
We did.
01:24
Two of the -- well, two of the case studies -- I

01:24
01:24
Looking at your CV, will you explain for the Court which
01:25
562
British and Israel militaries?
Sure.
So on Page 2, towards the bottom, Homosexual
Personnel Policy of the Canadian Forces: Did Lifting the Gay
Ban Undermine Military Performance? with Jason McNichol,
published in the International Journal, that's a Canadian
journal of international studies.
And then the Israel case study is in -- is right
above that, Homosexuality and the Israel Defense Forces: Did
10
Lifting the Gay Ban Undermine Military Performance? in Armed
11
Forces and Society.
12
01:25
And that's a military studies journal.
And then Britain and Australia, we just
13
self-published on the web, so I didn't include that in the CV.
14
And, I'm sorry, Parameters I just remembered, summer
15
of 2004.
16
17
orientation and paramilitary organizations?
18
19
Police Force.
20
21
Police Force?
22
23
01:25
Okay.
01:26
Have you authored any publications on sexual
I did one study on gays and lesbians in the San Diego
Can you describe generally your research of the San Diego
01:26
Sure.
San Diego -- we chose San Diego as a representative
24
city, neither extremely liberal nor extremely conservative.
25
The police department had had a prohibition in effect on gays
01:26
563
and lesbians in their police department.
prohibition was lifted over time, and gays and lesbians were
fully integrated into the department.
And then that
And I wanted to know the same thing about the
San Diego Police Department as I wanted to know about foreign
militaries, which is, did the decision to allow gays and
lesbians to serve openly undermine or promote or have any
impact on organizational performance?
Did you publish your findings in Pink and Blue: Outcomes
10
Associated with the Integration of Open Gay and Lesbian
11
Personnel in the San Diego Police Department in Police
12
Quarterly in 2002?
13
I did.
14
What is Police Quarterly?
15
I'm actually very proud of that publication because that
16
is a top police studies journal, peer-reviewed, and to my
17
knowledge had not had a track record at all on gay issues.
18
so this -- for them this was a kind of a cutting-edge topic.
19
20
publications.
21
01:27
01:27
01:27
And
Let's discuss specifically some of your other

01:28
You published an article entitled Don't Ask, Don't
22
Tell: Does the Gay Ban Undermine the Military's Reputation in
23
Armed Forces and Society in 2008.
24
I did.
25
Can you please describe that publication for the Court.
01:28
564
Yeah.
I wanted to know in that study if the ban had any
implications on public perceptions of the Armed Forces.
to answer that question, I did a survey of editorial pages
around the country, and I did a review of the polling data on
"Don't Ask, Don't Tell," and I actually administered my own
poll, original research.
that article.
10
poll.
11
And all of that research went into
Can you describe that poll for the Court, please.
That was a survey designed to get at this question of

public attitudes on "Don't Ask, Don't Tell," but in
14
particular --
15
18
01:28
Yeah.
13
17
01:28
Can you describe -- you said you administered your own
12
16
And so
THE COURT:
Excuse me.
Let me interrupt for a
01:29
moment.
Earlier in your testimony, before lunch, Mr. Belkin,
you referred to the Zogby poll.
19
Is that what you're now testifying about?
20
THE WITNESS:
21
THE COURT:
22
THE WITNESS:
No.
All right.
01:29
Thank you.
Go ahead.
This was a poll that we wanted to
23
figure out if "Don't Ask, Don't Tell" makes people relatively
24
more proud of the military or relatively more ashamed of the
25
military or has no impact whatsoever.
01:29
565
We were particularly interested in asking that
question to people who were likely to go into the military.
The idea being if "Don't Ask, Don't Tell" makes people proud of
the military, people who are in that kind of age cohort that is
most likely to enlist, then "Don't Ask, Don't Tell" might be
serving a useful purpose.
01:30
So we worked with a polling vendor, Knowledge
Networks, to identify a sample of respondents that looked like
a group of people about to go into the military; and that means
10
mostly young, mostly male, and mostly conservative.
11
asked them, among other things, does "Don't Ask, Don't Tell"
12
make you very proud, somewhat proud, somewhat ashamed, ashamed,
13
or no impact whatsoever, about the military?
14
And we
01:30
So that was the poll.
15
BY MS. FELDMAN:
16
What were the results of that study?
17
That the policy was relative -- more people were ashamed
18
of the policy than were proud of it; not by much, but by a
19
little bit.
20
21
01:30
That was published in Armed Forces and Society.
01:30
What type of journal is Armed Forces and Society?
22
I'm also proud of that one, because that is a preeminent
23
journal in the field of military studies, and that is the --
24
it's peer reviewed.
25
something called I.U.S., which means International University
And that is the official journal of
01:31
566
Seminar, and that is an academic society of many hundreds of
scholars around the world who study civil military relations.
So Armed Forces and Society is their flagship journal.
Cohesion Determine Motivation in Combat?
an Old Answer --
Yes.
-- in Armed Forces and Society in 2006?
Yes.
10
Can you describe that publication for the Court, please.
11
Yeah.
Have you authored a publication titled Does Social
12
An Old Question With
01:31
01:31
So that publication is a little different than the
13
ones we've been talking about, because that was not a research
14
publication where I was going -- my co-authors and I were going
15
to find new data.
16
research.
17
structure of the unit cohesion rationale.
18
So that publication is not about original
01:32
It was about doing a logical analysis of the
In other words, just using logic and available
19
evidence, asking:
Is the unit cohesion rationale logically
20
coherent?
21
How do you do a logical analysis of that question?
22
Well, you can look at the assumptions that support the
23
unit cohesion rationale, the assumptions that must be true if
24
the rationale is true.
25
assumptions are true or false.
01:32
And you can test to see if those

01:32
567
Did you author a publication entitled A Modest Proposal:
Privacy as a Rationale for Excluding Gays and Lesbians from the
U.S. Military, with Melissa Embser-Herbert, International
Security in 2002?
Yes.
Describe that publication for the Court, please.
That publication was designed to test the plausibility of
the privacy rationale.
that gays and lesbians must be -- well, it has different
01:33
The privacy rationale is the argument
10
variants, but gays and lesbians either must be banded from the
11
military or must remain silent about their sexual orientation,
12
because otherwise, if they don't, then the privacy rights of
13
heterosexual servicemembers would be violated.
14
15
explain for the Court what the journal International Security
16
is?
17
01:33
We'll discuss that a little bit further, but can you

01:33
Yeah.
18
That is -- okay.
So, international relations as a
19
discipline has several different parts.
And the biggest
20
distinction is between international security and political
21
economy.
22
subjects, for example, civil military relations, peace studies
23
and war studies, arms control, whatever.
24
top of the tree, that first division between political economy
25
and international security within internal relations theory.
01:34
And so within international security, there are many
So going back to the
01:34
568
The International Security, the journal, is the best
journal in the subfield about security studies, and it's
published out of Harvard at the JFK school.
The other journal that we were talking about, Armed
Forces and Society, that's a flagship journal in the Civil
military field, which is part of the international security
field, the security studies field.
to the issue of "Don't Ask, Don't Tell" or gays and lesbians in
Have you had any materials published that are not related
10
the military?
11
Uh-huh.
12
Can you describe briefly some of those publications.
13
Sure.
14
01:35
Yes.
Well, my book, my first book, was on Coups d'etat and
15
the relationship between leaders and military officers and
16
propensity to launch a war.
17
01:35
I published a piece on aerial coercion and strategic
18
bombing; what's the difference between successful and
19
unsuccessful aerial coercion strategies?
20
01:34
I published a piece that provided a mathematical test
21
that could be applied to every country to determine how
22
vulnerable the country is to a Coups d'etat; so it's almost
23
like a cholesterol test, like how likely is someone to get a
24
heart attack?
25
to be a Coups?
01:35
So this is a test for how likely is there going
01:36
569
Earlier, before the break, you testified about some of the
presentations you've made at military academies or schools.
How many presentations would you estimate you've made
at military academies?
national defense universities?
Include military universities, please.
I would say somewhere between 25 and 30 -- well, 25 and 30
visits, but sometimes the visits include up to five, six or
Just academies, or including military universities like
10
seven presentations.
11
12
Tell" at organizations, aside from military academies and
13
universities?
14
15
01:36
And have you made other presentations on "Don't Ask, Don't
Yes.
I've spoken with veteran service organizations and
16
civilian groups, just public -- like Commonwealth Club and then
17
academic conferences and scholarly presentations, yeah.
18
19
on issues related to "Don't Ask, Don't Tell"?
20
21
Actually, I could count every single one if I went back and
22
reconstructed the record.
23
Professor Belkin, what was your assignment in this case?
24
To assess the plausibility of the unit cohesion rationale.
25
01:36
01:36
Approximately how many total presentations have you given
I don't know, because I don't count every single one.
But 30, 40, 50, something like that.
And then later I was asked to talk about the
01:37
01:37
570
plausibility of the privacy rationale.
issues?
and I've also read the scholarly literature on both of those
issues, and I also include those issues in my teaching.
And what specialized knowledge do you bring to those
I've conducted my own research on both of those issues,
MS. FELDMAN:
Your Honor, I'd like to move to admit
Professor Belkin as an expert witness as a political scientist,
social scientist and researcher on the subject of sexual
10
minorities in the military.
11
THE COURT:
12
MR. GARDNER:
01:38
Mr. Gardner?
For the reasons articulated in Docket
13
Entry No. 178, the government objects; it's the motion in
14
limine to exclude the expert witness.
15
THE COURT:
16
You may elicit opinion testimony from this witness in
17
01:37
The objections are overruled.
01:38
the areas designated.
18
MS. FELDMAN:
19
BY MS. FELDMAN:
20
21
gays and lesbians to serve openly in the U.S. military on unit
22
cohesion?
23
Yes.
24
And in your experience, what is the unit cohesion
25
rationale?
Professor Belkin, have you studied the impact of allowing
01:38
01:38
571
This is the idea that gays and straights cannot form bonds
of trust.
combat effectiveness of military units.
And those bonds of trust are necessary for the
And so if you allow gay and lesbian servicemembers to
acknowledge who they are honestly, then straight servicemembers
would realize that their peers are gay or lesbian, and any
bonds of trust that had developed would soften or disappear,
and new bonds of trust would not -- it would not be possible to
perform new bonds of trust; therefore, readiness, combat
10
effectiveness, would deteriorate.
11
12
lesbians to serve in the U.S. military on unit cohesion?
13
14
and which I've done and which others have done.
15
01:39
How have you analyzed the impact of allowing open gays and
Well, there are a number of different things you can do,
One is to look at the actual experiences of gay and
16
lesbian servicemembers in the U.S. Armed Forces when they have
17
served openly and to determine if there has been a negative or
18
positive or any impact at all of those situations.
19
20
militaries, police departments, et cetera.
01:40
You can also look at the logical structure of the
22
unit cohesion rationale and assess its plausibility.
23
25
01:40
You can also look at analogous institutions; foreign
21
24
01:39
Let's begin with the first method you just mentioned.

You discussed analyzing situations in which gays and
lesbians have served in the U.S. military; correct?
01:40
572
Yes.
What situations have you studied wherein American troops
have served with acknowledged gays and lesbians?
participate in the Miller/Moradi study; so this is not my own
authored research on this point.
has been Nathaniel Frank's work and then Randy Shilts' work.
And there has been other studies.
about gays and lesbians serving openly, people who were known
10
I've read the scholarly literature about this and helped
The evidence that I have read
Dixon Osburn did a study
in their units; so I've read all that literature.
11
01:41
01:41
And then I helped craft the Miller/Moradi study,
12
which is a statistical analysis of the relationship between
13
openness and cohesion.
14
And actually, I should correct one thing in terms of
15
doing research.
I did -- I don't know if the word "find" is
16
appropriate, but for the purposes of -- I would say I
17
identified and introduced the FORSCOM regulation into the
18
conversation, the regulation that sends gays and lesbians into
19
combat.
20
01:41
But I didn't publish a peer-reviewed study about that.
Let's discuss that later.
21
01:42
Have you researched or reviewed studies concerning
22
the incidence of allowing gays and lesbians to serve in the
23
U.S. military during wartime?
24
Yes.
25
What have you studied in that area?
01:42
573
Oh, there was another study, too.
So then I just mentioned the Nathaniel Frank work,
the Rhonda Evans' study that the Palm Center published, the
Randy Shilts' work, the Dixon Osburn work, anecdotal evidence
here and there, the Wall Street Journal articles about the
first Gulf War.
during the Gulf War?
The Randy Shilts work is about that, yes.
10
And what did that research find?
11
That there was a pattern in which gays and lesbians had
12
been in the process of being discharged.
13
started, commanders deployed gay and lesbian servicemembers to
14
the front lines, so suspended their discharge proceedings.
15
They served in combat; they came back; and the discharge
16
proceedings were reinstigated.
17
detriments to performance or cohesion in the Gulf War.
18
Who is Randy Shilts?
19
He was an author.
20
he was a reporter for the San Francisco Chronicle.
21
of AIDS.
22
23
the U.S. military suspended the discharged proceedings of a
24
number of homosexual troops during the Gulf War?
25
01:42
Have you reviewed any research on U.S. military service
01:43
But once the war
01:43
Shilts did not find any
He wrote, I believe, three books.
And
And he died
01:43
Is there any other evidence to support Shilts's work that
The Wall Street Journal published a number of articles to
01:44
574
that effect.
lesbian servicemembers during the Gulf War harmed the
military's performance during that war?
negative impact.
8
9
Is there research concerning whether allowing open gay and
Well, the Shilts' work concludes that there was no
01:44
You mentioned Rhonda Evans.

What were you discussing with regard to Rhonda Evans?
So Rhonda Evans did a study for the Palm Center where she
10
looked at the history of gays and lesbians at war in the
11
United States since World War II, and she found discharges of
12
gays and lesbians always goes down during wartime.
13
01:44
The reason that that's interesting is because if a
14
unit cohesion rationale were true, you would suspect that the
15
first thing the military would want to do once a war starts is
16
increase the number of gay discharges to make sure that all the
17
units are cohesive.
18
World War II -- I'm sorry, Korea-Vietnam and then Gulf War I
19
and -- that's not right -- Korea-Vietnam/World War II.
20
21
that have considered units -- aside from the Gulf War,
22
considered the actual units within the U.S. military that
23
allowed open gay and lesbian service?
24
25
Iraq, and also the Flag & General Officers' report included --
01:45
But the exact opposite thing happened in
Professor Belkin, are you aware of any studies or reports
01:45
Nathaniel Frank did a study of gays and lesbians at war in
01:45
575
so three generals and an admiral representing each service;
three-star general from the Army, three-star Air Force general,
one-star Marine Corp. general and three-star admiral spent a
year looking at all of the evidence on gays in the military and
then published a report.
heterosexual commanders who had presided over gays during the
current war in Iraq and also gay servicemembers who had served
openly.
What was the findings of the Flag & Officer report?
10
Well, they found that when commanders discovered that
11
someone was gay in their unit and had the choice between
12
following the law and discharging them and breaking up their
13
team, or violating the law and keeping their teams together,
14
they chose the latter course, and that that was actually better
15
for cohesion and performance.
16
17
American troops serving with gay and lesbian members of foreign
18
militaries?
19
Yes, I have.
20
And has the Palm Center ever conducted a study on that
21
issue?
22
Yes, we have.
23
Can you please describe that study for the Court.
24
Well, foreign militaries, these are the studies of
25
Australia, Canada --
And they took testimony from
01:46
01:46
01:46
Professor Belkin, have you ever researched data concerning
01:47
01:47
576
Excuse me.
I was referring to when members of the U.S. military
have served with gay and lesbian members of foreign militaries.
I'm sorry.
We did.
Sadly, there's not much research on that,
but we did do one study where we found four different units
where Americans had been deployed with foreigners under the
auspices of NATO or the U.N. or some other multinational
military operation.
And the Americans had served with openly
10
gay foreigners.
11
Was that the study you did with Geoffrey Bateman?
12
Yes.
13
What did that study conclude?
14
I believe that was Bateman and Belvy, if I'm not mistaken.
15
01:47
That study concluded that in three of the cases,
16
there were no problems and people got along fine; in one of the
17
cases, there had been problems.
18
MR. GARDNER:
that last answer.
20
expert report or the documents relied upon.
22
01:48
Your Honor, I'm going to move to strike
19
21
01:47
That doesn't appear anywhere in Dr. Belkin's
THE COURT:
01:48
The witness's testimony was to the effect
that that was from Dr. Bateman's study or report.
23
Is that right?
24
THE WITNESS:
25
THE COURT:
Yes.
Can you direct me, Ms. Feldman, to where
01:48
577
that is in the expert's report?
MS. FELDMAN:
Yes, Your Honor.
At the bottom of Page 1, top of Page 2, he talks
about American troops worked with and even supporters from
openly gay foreigners and integrated multinational units.
And that's Exhibit 33.
MR. GARDNER:
If you go to the bibliography,
Your Honor, beginning Page 7 of the report, that report is not
identified.
10
11
THE COURT:
The report doesn't need to be -- the
The objection was that it was a subject outside of
13
the designation, if he's relying on something that's beyond the
14
scope?
MR. GARDNER:
Correct, Your Honor.
16
identified the facts and data.
17
THE COURT:
He has not
didn't testify to in his deposition, it didn't need to be
19
listed in his publications in the report; he could have
20
testified about it in his deposition.
21
it in the report.
He didn't need to list
22
What page in the report did you just refer me to?
23
MS. FELDMAN:
24
Page 1, top of Page 2.

THE COURT:
01:49
If he's relying on something that he
18
25
01:49
objection is overruled.
12
15
01:48
01:49
Your Honor, it's at the bottom of
That's the subject matter.
01:50
578
You can examine further on cross-examination as to
whether or not this basis for the opinion was disclosed in
discovery.
Thank you.
You may continue.
MS. FELDMAN:
01:50
BY MS. FELDMAN:
different units in which American military members served with
10
You were discussing the study where they analyzed four
openly gay foreign militaries.
11
01:50
You were discussing that in three of the units, there
12
were no problems; is that correct?
13
Yes.
14
What happened in the other unit?
15
I apologize, I don't remember the details.
16
problems in that unit.
17
were not because the foreign servicemember was gay, but there
18
was an issue with one of the servicemembers not being respected
19
in general.
20
did not go well between the gay foreigner and the Americans.
21
22
other data, report or study concerning the service of American
23
troops with openly gay and lesbian members of foreign
24
militaries?
25
But there were
01:50
But if I'm not mistaken, the problems
But I do remember that in that fourth unit things

01:51
Aside from the study you discussed, are you aware of any
No.
01:51
579
Are you familiar with the Brookings Conference?
Yes.
Can you explain for the Court what the Brookings
Conference was?
about --
This was a conference a month and a half ago, and it was
7
8
MR. GARDNER:
Beyond the scope of the
expert report.
9
10
Objection.
THE COURT:
was?
To explain what the Brookings Conference
I think the objection is premature.
11
You can finish your answer.
12
THE WITNESS:
foreign military commanders, scholars, and generals talking
14
about their experiences integrating gays and lesbians into
15
their armed forces.
16
BY MS. FELDMAN:
17
18
American troops serving with gay and lesbian members of foreign
19
military?
01:52
Was there any discussion at the Brookings Conference of
20
MR. GARDNER:
21
THE COURT:
23
01:52
It was a conference which involves
13
22
01:51
Renew my objection.
01:52
Where are you going with this line of
inquiry, Counsel?
MS. FELDMAN:
It's just the same issue, Your Honor,
24
that we were discussing before; the American troops serving in
25
integrated multinational units with gays and lesbians.
01:52
580
THE COURT:
Right.
But where are you going with it?
Does it form the part of the basis for his opinion?
did he disclose it during discovery?
And if so,
MS. FELDMAN:
Yes, Your Honor.
I believe he was deposed on this.
And it's the experience of American troops serving
with gays and lesbians that forms his opinion on whether
allowing gays and lesbians to serve openly in the U.S. --
THE COURT:
But did he testify that that formed the
10
basis for the opinions he testified to at the time of his
11
deposition?
12
MS. FELDMAN:
13
THE COURT:
14
01:53
I believe so, Your Honor.
Do you have the deposition or do you want
to cite me to the deposition testimony?
15
MR. GARDNER:
16
The conference happened well after his deposition.
17
01:52
Your Honor, I can short-circuit this.
He could not have been asked about it.
18
MS. FELDMAN:
Your Honor, that's correct.
19
THE COURT:
20
The objection is sustained.
All right.
21
BY MS. FELDMAN:
22
23
recent polling data of U.S. servicemembers; is that correct?
24
Are you talking about the Miller/Moradi study?
25
The Miller/Moradi study, yes.
01:53
Professor Belkin, I also believe you said you reviewed
01:53
581
Yes.
What was the Miller/Moradi study?
So this was a statistical analysis designed to test
whether there's any relationship between the level of outness
in a unit.
unit, and the cohesion and readiness of that unit.
the unit and the cohesion and readiness of the unit?

MR. GARDNER:
testimony.
11
Objection; misstates the prior
He didn't do it, Your Honor; Miller/Moradi did it.

THE COURT:
01:54
Do you care to reword the question.
12
BY MS. FELDMAN:
13
14
outness of a unit and the cohesion and readiness of the unit?
15
16
not the respondent knew a gay and lesbian servicemember in
17
their unit, and also whether the unit had good cohesion or bad
18
cohesion and good readiness or bad -- low level of readiness.
19
01:54
How did you test the correlation between the outness of
9
10
In other words, whether there are known gays in a
How did Miller and Moradi test the correlation between the
Well, the Zogby poll included questions about whether or
01:54
And the survey also included questions about other
20
predictors of unit cohesion and readiness; for example, the
21
quality of training and the quality of leadership.
22
And so given that the survey had asked questions
23
about both the potential cause and the effect that we were
24
interested in, Miller and Moradi could do a statistical
25
analysis where controlling for other causes of cohesion and
01:55
01:55
582
readiness, did the presence of known gay people in a particular
unit impact the likelihood that that unit had high or low
cohesion?
So in other words, is there a statistical
relationship on average between having openly gay people in a
unit and the quality of that unit?
International?
Yes.
10
What is Zogby International?
11
It's a polling firm.
12
And did you commission a poll from Zogby International?
13
Yes.
14
And did you help design the Zogby poll?
15
Yes.
16
And what was that poll designed to test?
17
Well, part of what I wanted that poll to test was to set
18
up this experiment; so we -- I mean, I and my research staff
19
intentionally imbedded questions in the poll that would allow
20
for the subsequent statistical analysis to be done once we got
21
the results; so that was one thing that the poll was designed
22
to test.
23
You mentioned Zogby.
01:55
Are you referring to Zogby
01:56
01:56
01:56
And then we also asked questions about support for
24
the gay ban, whether people would have joined the military if
25
gays were allowed to serve at the time of their enlistment, a
01:56
583
question about privacy in the shower; so we were trying to get
at a number of different questions.
Exhibit 11.
Okay.
You said that the Zogby poll tested for outness and
quality; is that correct?
Best we could.
All right.
10
For identification purposes, will you please find

I believe it's in Volume II.
01:57
There were limits to what we could do.
And after you received the data from the Zogby poll,
11
did anyone analyze that data?
12
Professor Moradi and Dr. Miller.
13
Who's Dr. Miller?
14
She's a very well-respected military sociologist.
15
works for the RAND Corporation, and she was a protege of the
16
late Professor Charles Moskos, and actually his Goddaughter, as
17
well.
18
19
regarding the data from the Zogby poll?
20
21
a gay person and the effectiveness of the person's unit.
22
How did they arrive at this conclusion?
23
They ran the statistical analysis that I described a few
24
moments ago.
25
01:57
She
01:58
And what did Laura Miller and Bonnie Moradi conclude
That there was no statistical relationship between knowing
And the statistical analysis you're referring to is
01:58
01:58
584
testing outness versus quality?
whether there's a correlation between outness and unit quality
controlling for other causes of unit quality.
It's not versus quality, but it's -- it's assessing
So in other words, if the unit cohesion rationale is
plausible, then it should be true that people who say that they
know a gay in their unit, serve in units with relatively lower
cohesion and/or readiness.
01:59
If that's not the case, if there's no relationship
10
between knowing a gay person and reports of cohesion and
11
readiness, or if there's a positive relationship, maybe knowing
12
a gay person makes a unit more cohesive.
13
didn't know; that was the reason for doing the test.
14
01:59
You know, we just
But that's the way to test the plausibility of the
15
unit cohesion rationale statistically, or at least that's the
16
best that we could do.
17
What did that regression analysis show?
18
That there was no statistical relationship between knowing
19
a gay or lesbian person in the unit and the readiness or
20
cohesion of the unit while controlling for other causes of
21
cohesion and readiness.
22
23
either gay and lesbian members of their own military or foreign
24
militaries, what is your opinion concerning whether allowing
25
open service in the U.S. military would impact or harm unit
01:59
02:00
Based on your research of American troops serving with
02:00
585
cohesion?
cohesion would get a little bit better.
better?
year-long study is that -- and this has been confirmed by
Zogby, actually, and other ways, as well -- that a lot of
people actually did know a gay or lesbian person in the
On average, there would be no difference; in some cases,
Can you explain that?
Why would cohesion get a little bit

02:00
Well, what the Flag & General Officers found during their
10
services right now, and a lot of gays and lesbians are known by
11
their straight peers; so there's a lot of outness already.
12
And in general, what the Flag & General Officers
13
found is that those gays and lesbians are not having problems
14
and actually are bonding quite effectively with their
15
heterosexual peers.
16
happening, are with closeted gays, because -- and there was
17
testimony to this effect in the Flag & General Officers'
18
study -- when you think about it, members of the military are
19
living together, in many cases, 24/7; they know one another,
20
they know one another well.
21
if they're putting forward a fake personality, people know
22
something is wrong.
23
to then be a little bit anti-social, has to sequester
24
themselves a little bit from the group in order to maintain
25
this pretense of false heterosexuality.
The problems, to the extent they're
And if someone is in the closet,
02:01
02:01
02:01
And the gay and lesbian servicemember has
And that in and of
02:02
586
itself undermines cohesion.
So to the extent that eliminating "Don't Ask, Don't
Tell" made it possible for some people not to have to pretend
to be heterosexual, then you would see an increase in bonding
and cohesion.
outness.
You mentioned outness of units, and the Zogby poll tested
8
9
What did the Zogby poll find regarding outness of the

units?
10
11
02:02
MR. GARDNER:
Objection; mischaracterizes the results
of the Zogby poll.
12
THE COURT:
13
THE WITNESS:

I'd have to look at the poll itself,
14
but if my memory is correct, something like 20 to 25 percent of
15
servicemembers are sure that they know a gay or lesbian peer in
16
their unit; and I believe in the high 30's, suspects that they
17
know a gay or lesbian peer in their units.
18
BY MS. FELDMAN:
19
20
Zogby poll to which you're referring?
21
Yes.
22
Will you look at those statistics and confirm that those
23
percentages are correct for the outness result.
24
25
02:02
02:02
Dr. Belkin, is Exhibit 11 in front of you, is that the

02:03
Yes.
(Brief pause.)
02:03
587
THE WITNESS:
So Question 14 --
BY MS. FELDMAN:
What page is that on?
Page 15.
5
6
"In your unit, are there people you suspect are gay
02:03
or lesbian, but don't know for sure?"
I was -- you know, the printing is actually a little
obscured here because it's black on black, but I believe this
says 40 something.
So I was wrong about the high 30's.
10
BY MS. FELDMAN:
11
If you look at the paragraph below --
12
Forty-five, yeah.
Okay.
13
And then the next page, Question 16:
14
for certain that someone is gay or lesbian in your unit?"
15
"Do you know
Again, the printing is -- 23 percent certain;
16
23 percent, yes.
17
18
that correct?
19
(No verbal response.)
20
I think you testified earlier that, in your opinion,
21
eliminating "Don't Ask, Don't Tell" would make no difference on
22
unit cohesion or would improve a little bit, unit cohesion.
23
Yeah.
24
What did you mean by "it would make no difference on unit
25
cohesion"?
02:04
So 45 knew or suspected and 23 percent knew for sure; is
02:04
02:05
588
That whatever the cohesiveness of a unit is today, right
now, if "Don't Ask, Don't Tell" were repealed tomorrow, the
cohesiveness of that unit would be the same.
continue to be the same.
no impact from this policy change.
Okay.
And it would
In other words, that there would be

02:05
Thank you.
I think earlier you stated that one of the other ways
you've analyzed whether allowing open gay and lesbian service
in the military would impact unit cohesion was considering
10
analogous institutions, such as foreign militaries and
11
paramilitary organizations.
12
Yes.
13
Earlier you testified that you studied the Australian,
14
British, Canadian and Israeli military.
15
Yes.
16
I think you said that you applied the snowball method.
17
Well, one of the methodologies in those studies was called
18
snowball sampling.
19
experts to interview.
20
21
militaries?
22
23
02:05
02:05
It's a sampling technique for identifying
What other methodologies did you use to examine foreign
02:06
Literature reviews.
So going in and studying all of the scholarly
24
evidence that had been published, if any had been published.
25
And also document searches to identify all documents on the
02:06
589
case.
Case study methodology, if you will.
find Exhibit 77.
Should I take a moment to put these away.
Sure.
If you would turn to Volume IV of the exhibits, would you
Whatever is easiest for you.
02:06
Exhibit 77; it's in Volume IV.
Okay.
For identification purposes, what is Exhibit 77?
It's my study of gays and lesbians in the British
10
military.
11
12
the impact of allowing gays and lesbians to serve openly in the
13
British military?
14
15
cohesion, morale, performance, or recruiting -- sorry,
16
cohesion, morale, readiness or recruiting.
17
02:07
Based on your research of the British military, what was
It was a nonevent; there was no negative impact on

02:07
I believe that some other recruiters testified that
18
their jobs had actually become a little bit easier, but we
19
didn't have statistical data to back that up.
20
21
Can you please turn to the following exhibit, Exhibit 78.
02:08
22
That is the study of the gays and lesbians in the Israel
23
defense forces.
24
25
defense force, what was the impact of allowing gays and
Based on your study of gays and lesbians in the Israel
02:08
590
lesbians to serve openly in the Israel military?
There was no impact.
Would you turn to the next exhibit, please.
That's the study of gays and lesbians in the Australian
military.
was the impact of allowing gays and lesbians to serve openly in
the Australian military?
02:08
Based on your research of the Australian military, what
10
11
Finally, please turn to the next exhibit, Exhibit 80.
12
02:09
13
That's the study of gays and lesbians in the Canadian
14
military.
15
16
the impact of allowing gays and lesbians to serve openly in the
17
Canadian military?
18
19
Are you aware of any study finding that a country that
20
allows gays and lesbians to serve openly have experienced any
21
detriment to military performance as a result of allowing
22
homosexuals to serve openly?
23
No.
24
Professor Belkin, do you believe that evidence concerning
25
the experiences of foreign militaries that have lifted their
Based on your research of the Canadian military, what was
02:09
02:09
02:09
591
ban on acknowledged gay and lesbian service is instructive to
what would occur in the U.S. military if it allowed gays and
lesbians to serve openly?
determinative, but I do believe that the foreign military data
are instructive.
Why do you believe they are instructive?
Well, a few reasons.
I don't think any single piece of data in and of itself is
First of all, we're talking about a lot of militaries
10
here, so we're not just talking about one data point, but we're
11
talking about an accumulation of evidence.
Point number two is because people who believe in
13
"Don't Ask, Don't Tell" and discriminating against gays and
14
lesbians also point to foreign evidence to support their case;
15
so top experts on that side of the issue cite foreign military
16
evidence when it supports their case.
02:10
And then the third reason is because the military
18
itself studies foreign examples on a range of issues in
19
order -- I mean, not to do exactly what they do necessarily,
20
but in order to study what works and what doesn't.
21
02:10
That's point one.
12
17
02:10
02:11
In other words, the military itself believes that --
22
in fact, there's an Army -- I don't know if it still exist, but
23
it was created in 1986, an Army research institute on the study
24
of foreign militaries.
25
there are lessons to be learned from foreign militaries.
So the military itself believes that
02:11
592
similarities between the British military and the U.S. military
with regard to environment or attitude toward gays and
lesbians?
actually more anti-gay than before its ban was lifted than the
U.S. military is now.
8
9
In your study of the British military, were there any
Well, the data showed that the British military was
02:11
The British Ministry of Defense did a study in 1986

called the HPAT study; Homosexual Policy Assessment Team, I
10
believe that's what it was.
11
two-thirds of male British servicemembers said that they would
12
not work with gays and lesbians if the ban were lifted.
13
And they found that approximately
And they also asked open-ended questions; and so they
14
had servicemembers send in written testimony with their
15
feelings, and they published many of these testimonials.
16
they were incredibly violent testimonials.
17
lifted, we will push gays off the sides of ships, we will beat
18
them up, they will not be welcome here,' et cetera.
19
02:12
MR. GARDNER:
And
'If the ban is
20
strike again.
21
report, that data that he's now relying upon.
I move to
That does not appear in Dr. Belkin's expert
22
THE COURT:
23
MS. FELDMAN:
02:12
Ms. Feldman, do you wish to respond?

Your Honor, his expert report starting
24
on Page 2 discusses the 25 militaries that allow gay and
25
lesbian servicemembers to serve openly, and he cites his
02:12
02:13
593
studies on the British military, I believe.
Your Honor, in Exhibit 77, which is Aaron Belkin's
study on the effects of including gay and lesbian soldiers in
the British armed forces mentions the HPAT report at Page 20.
5
6
In addition, in his deposition, at Page 67, he
02:14
discussed the study.
MR. GARDNER:
I'll withdraw the objection.
THE COURT:
You may continue.
Thank you.
Were you done with your answer?
10
THE WITNESS:
I don't remember.
11
MR. GARDNER:
I waited until after he was finished.
12
THE COURT:
02:14
I believe the witness was done with his
13
answer.
14
BY MS. FELDMAN:
15
16
did you find any similarities between the Canadian and U.S.
17
military with regard to attitudes towards homosexuals?
18
19
military, because the Canadians had done a poll of their own
20
servicemembers prior to repeal, and two-thirds of male Canadian
21
servicemembers had said they would not work with gays if the
22
ban was lifted.
23
24
Israel military:
25
similarities between the Israel military and the U.S. military?
Professor Belkin, in your study of the Canadian military,
02:15
It's actually almost exactly the same story as the British
02:15
And the same question with regard to your research on the

In that research, did you see any
02:16
594
military pre-repeal.
Unfortunately, I don't have polling data on the Israel
There are some data that Israel civilian society was
at the time less acceptant of homosexuality than American
civilian society is now, but I don't have a military
comparison.
service of gays and lesbians?
There are.
10
What are some of the countries that currently ban open
11
service of gays and lesbians?
12
13
pretty long list.
14
15
Canada, Great Britain, and Israel -- did they anticipate
16
negative impacts of allowing gays and lesbians to serve openly
17
prior to lifting the ban?
18
Absolutely.
19
In your opinion, why did those foreign militaries not
20
experience the negative impact they anticipated?
21
22
gays and lesbians to serve openly is not difficult.
23
in general, in particular our military forces, are staffed by
24
professional people who follow orders.
25
in these countries issued the order, 'You don't have to like
02:16
Are there militaries in the world today that ban open
Saudi Arabia, Iran, Syria, Pakistan.
02:16
It's actually a
Did the four militaries we discussed earlier -- Australia,
Because repeal is not a difficult thing to do.
02:17
02:17
Allowing
Militaries
And when the militaries
02:17
595
each other, but you will work together,' the order worked.
So I guess that was the first reason.
And the other reason is because this really is a
different kind -- sorry.
There are similarities, but in some
important respects, this is a very different kind of
integration than of other minority groups, racial minorities
and women, because gays and lesbians are already there; and so
the policy transition is just ratifying what's going on on the
ground already.
It's not imposing a new situation on the
10
military.
11
12
the percentage of gays and lesbians that acknowledge their
13
homosexuality prior to the lifting of the ban and following the
14
lifting of the ban?
15
16
prior.
17
02:18
In foreign militaries, what did evidence show concerning
We don't have great data on that.
And certainly, not
02:18
We do have data from the Israel defense forces that,
18
after the lifting of the ban, approximately 20 percent of
19
servicemembers, including servicemembers in combat units said
20
that they knew a gay in their unit.
21
02:18
02:19
We have a little data from the Australian and
22
Canadian forces, not in terms of polling, but just in terms of
23
very, very low number of servicemembers who stepped forward to
24
claim benefits for their partners after repeal.
25
are not great on that point.
But the data

02:19
596
In your opinion, would the percentage of gay and lesbian
servicemembers that reveal their sexual orientation change in
the U.S. military if gays and lesbians were allowed to serve
openly?
MR. GARDNER:
THE COURT:
THE WITNESS:
Objection; calls for speculation.

I believe that you're correct, that
there would not be a wave of disclosures or coming outs or
outness.
That's what I believe.
10
BY MS. FELDMAN:
11
And why would there not be a wave of disclosures?
12
Well, a couple things:
13
have polls on the question from foreign militaries, we do have
14
testimonials from every expert that had gone on record and that
15
we could find; scholars, ministry officials, servicemembers,
16
who said that there were no waves of outness in those
17
countries; so that's one thing.
18
02:19
02:20
First of all, even though we don't
02:20
And second of all, because what determines a decision
19
to come out, especially in a military setting is not so much
20
whether there's a law in place -- I mean, after all, look at
21
Zogby, which found, what was it, 23 percent of servicemembers
22
know an openly gay peer despite a law which says that that's
23
not supposed to happen.
24
or not; it's about the gay or lesbian servicemembers' reading
25
of the culture of that unit.
02:20
It's not about whether there's a law
If the unit is safe, then gays
02:21
597
and lesbians will self-disclose.
discrete.
If not, they will remain
But that is not the same thing as whether or not
there's a law in place.
The safety of the unit is not the same
thing as whether or not there's a law in place.
as Exhibit 3, Page 288.
here, you can also look at it in the binder if that's easier.
I can see it.
10
Do you know what this -- this is actually the front page
11
of that document.
02:21
Dr. Belkin, I'm going to show you what has been admitted
12
If you have trouble reading it on
Do you know what this is?
13
Yeah.
14
Is this the report of a Senate Armed Services Committee in
15
1994?
16
Yes.
17
Beginning with the second paragraph, it states:
18
little actual experience in foreign nations with open
19
homosexuality in military service, as Dr. David Siegel
20
testified on April 25, 1963, even with policy and law allow
21
them to serve, very few soldiers openly declare themselves to
22
be homosexual, perhaps because there is a risk of gay bashing
23
and the career costs of going public."
24
25
02:21
02:22
"There's
02:22
Do you agree with this statement?

A
I do agree definitely at the time, probably a little bit
02:22
598
less so now.
But, yes, in general, that's correct.
believe this is correct?
though it's not perfect, but available data, the testimonials
from the more than a hundred experts, who my staff and I
interviewed, that there were no waves of coming out.
poll from the Israel defense forces that showed that 20 percent
of servicemembers knew an openly gay person; so that's why.
And why do you -- let's start with why do you generally
Well, just all the data we were just talking about, even
And the
10
11
1994?
12
13
talking about; Israel, Canada, and Australia have had almost
14
20 years to acclimate.
15
decade; so I would still say this is largely correct, but not
16
quite as true now as it was then.
17
18
little actual experience in the foreign nations with open
19
homosexuality in military service."
Why do you believe this is less correct now than it was in
And the British military has had a
And you're referring to that first sentence:
02:23
"There's
You agree with that; Is that correct?

A
02:23
Because the militaries have had -- I mean, the ones we're
20
21
02:22
02:24
Yes.
22
MR. GARDNER:
23
THE COURT:
24
BY MS. FELDMAN:
25
Objection; asked and answered.
Professor Belkin, will you go ahead and read that next
02:24
599
paragraph.
"No other nation..."?
Yes.
"No other nation in the world requires the members of its
armed forces to serve under the conditions that face the armed
forces of the United States.
has the international responsibilities, overseas deployments,
degree of field exercises, daily operating tempo, and frequency
of circumstances in which servicemembers must live in
10
There is no other nation which
conditions of little or no privacy.
11
02:24
The committee concludes that while the foreign
12
experience is worth monitoring, it does not provide a relevant
13
basis for permitting gays and lesbians to serve openly in the
14
armed forces of the United States."
15
16
that finding which shows that the senate considered
17
specifically whether decision by foreign militaries to allow
18
open gay and lesbian service impacted unit cohesion?
19
20
02:24
Professor Belkin, in your opinion, is there anything in
MR. GARDNER:
speaks for itself.
21
The document
This is improper expert testimony.
THE COURT:
02:25
There's no provision in the Federal Rules
22
of Evidence that states 'the document speaks for itself' as a
23
basis for an objection.
24
BY MS. FELDMAN:
25
Would you like me to repeat the question?
02:24
02:25
600
Yes.
So based on that finding you just read --
Yeah.
-- do you believe that there's anything in that finding
that shows that congress considered the impact on unit cohesion
of foreign militaries allowing gays and lesbians to serve
openly?
No.
Why not?
10
They are not looking in that paragraph at the impact of a
11
decision to allow gays and lesbians to serve openly.
12
looking at the impact of whether or not gays and lesbians are
13
serving openly.
14
02:25
02:26
They are
And those are two totally different things.
Also, the impact that they are looking at, unless I'm
15
missing it, has nothing to do with cohesion.
16
neither looking at the right cause or the right effect to draw
17
the inference that -- to draw any inference about whether or
18
not a decision to lift a ban had any impact on cohesion.
19
20
Earlier you testified about your study of the San Diego Police
21
Department.
22
So they are
02:26
Let's discuss your research on paramilitary organizations.

02:27
Can you describe your methodology for studying the
23
San Diego Police Department?
24
25
studies, except that there was also a field visit to San Diego.
So it was the same approach as the foreign military
02:27
601
So there was a review of the scholarly literature,
document search, and then a snowball sampling approach to find
every expert who we could find who voiced an opinion on sexual
orientation and the San Diego Police Force.
San Diego Police Force?
performance or -- any aspects of organizational effectiveness
of the decision to allow gays and lesbians to serve openly in
What did you conclude based on your analysis of the
02:27
That there had not been a negative impact on cohesion or
10
the police force.
11
12
San Diego Police Force in allowing gays and lesbians to serve
13
openly similar to the experiences of other police forces in the
14
U.S. that allows gays and lesbians to serve openly?
15
16
but not research I've done.
17
Go ahead.
18
So the limited research that has been done on that
19
question has concluded that there has been no known negative
20
impact of decisions to allow gays and lesbians to serve openly
21
on police departments or fire departments in the U.S.
22
23
agencies:
24
FBI, CIA, or Secret Service that allow gays and lesbians to
25
serve openly and that have reported any detriment to
02:28
Based on your research, was the experience of the
I can comment on that on the basis of research I've read,
02:28
02:28
The same question with regard to United States Federal

Are you aware of any Federal agencies, such as the
02:29
602
effectiveness?
No, I'm not.
Based on your research of foreign militaries and
paramilitary organizations, what is your opinion concerning
whether allowing openly gay and lesbian servicemembers to serve
in the U.S. military will harm unit cohesion?
there might be a slight increase in cohesion.
At the very worst, there would be no effect; on average,
And that slight increase is a result of what you testified
10
to earlier?
11
Yes.
12
I think, lastly, you said you analyzed the unit cohesion
13
rationale by considering the logical structure.
14
Yes.
15
Can you explain what you meant by that?
16
Well, like any theory, the unit cohesion rationale is
17
premised on assumptions; so you can test the plausibility of
18
those assumptions.
19
02:29
02:29
So one assumption that the unit cohesion rationale is
20
based on is the idea that gays and straights don't like each
21
other and can't form bonds of trust, so you can test for that.
22
02:29
02:30
And then another assumption that it's based on is
23
that, when people don't like each other and don't trust each
24
other, then organizational effectiveness deteriorates.
25
other words, if it's the case that people who can't stand each
In
02:30
603
other work together effectively and don't undermine
performance, that would cast doubt on the logical coherence of
the unit cohesion rationale.
Let's take each of those assumptions one at a time.

Is there any evidence to support the assumption that
heterosexuals and homosexuals cannot work together?
No, there's not.
Is there any evidence to support the assumption that if
heterosexuals and homosexuals knowingly work together, that
10
organizational effectiveness will deteriorate?
11
No, there's not.
12
Is there empirical data to suggest the converse; that
13
heterosexuals and homosexuals can work together?
14
Well, I could provide statistical and anecdotal data.
15
All right.
16
02:30
02:31
02:31
Statistically, what is the data that shows that
17
heterosexuals and homosexuals can work together?
18
19
found that the majority of servicemembers are comfortable
20
around gays and lesbians.
21
Then you said you also have anecdotal data.
22
Can I say one more thing about the statistical data?
23
Go ahead.
24
The other thing that was interesting about that Zogby
25
finding was that, of the 25 or 30 percent who were
The most recent that I know of is the Zogby poll that
And I think it was low- to mid-70s.
02:31
02:31
604
uncomfortable, I believe it was 20 percent said that they were
somewhat uncomfortable, and the percent that was very
uncomfortable was just infinitesimal.
So shifting gears to anecdotal, even before the Zogby
poll, that -- those Zogby numbers are very consistent with what
I have found in my visits to military universities where
there's a percentage of people who feel like, you know, over my
dead body will this policy transition happen.
very tiny percent.
But it's a very,
10
Based on your research concerning the assumption
11
underpinning the unit cohesion rationale, what is your opinion
12
concerning the plausibility of that rationale?
13
It's logically incoherent.
14
Has the Government ever conducted any studies to test the
15
plausibility of the unit cohesion rationale?
16
Good studies or studies?
17
Studies.
18
It's hard to answer that question, because the Government
19
has studied gays in the military.
20
state-of-the-art methodology.
21
testing the plausibility of the unit cohesion rationale, I hear
22
a social scientific question.
02:32
02:33
The studies do not use
So when you're asking about
23
So I would say they have studied gays and lesbians in
24
the military; they have not done scientific tests of what we're
25
talking about.
02:32
02:33
02:33
605
Report?
Yes.
Do you believe the Crittenden Report is based on a
scientific test, as you just described?
It's a -- no.
Can you explain for the Court what the Crittenden Report
was?
10
Professor Belkin, are you familiar with the Crittenden
It's not scientific.
It's a study that the Navy did in the '50s of whether gays
and lesbians posed security risks to the military.
11
12
It's not.
02:33
MS. FELDMAN:
02:34
And Your Honor, the Crittenden Report
has been admitted into evidence as Exhibit 4.
13
THE COURT:
Thank you.
14
BY MS. FELDMAN:
15
Do you agree with the findings of the Crittenden Report?
16
I agree with the finding that gays and lesbians did not at
17
the time and do not pose a security risk to the forces.
18
19
don't agree with?
20
No, not to my knowledge.
21
Are you aware of any evidence to suggest that the
22
Crittenden Report was at one time suppressed by the Government?
23
Sure.
24
Can you explain that evidence?
25
Well, Allen Berube wrote a very good book about gays in
02:34
Are there findings in that Crittenden Report that you
02:34
02:34
606
the military, and he was awarded a MacArthur Genius Grant for
his book.
some military archivist even told him that it didn't exist.
When was this?
Oh, this would have been -- it took him about eight years
to do his research, so this would have been in the
mid-to-late-'80s when he was doing his research.
What is the MacArthur Genius Grant?
That's a grant that the MacArthur Foundation gives to
And he had great trouble obtaining the report and
10
people in recognition of special talents.
It's a very
11
prestigious award.
12
13
Government attempted to suppress concerning service of gays and
14
lesbians in the U.S. military?
15
There's the PERSEREC report.
16
What's the PERSEREC report?
17
Well, PERSEREC is a military think tank near Monterey,
18
California.
19
study that found that gays and lesbians did not pose a security
20
risk to the forces and could serve as effectively as any other
21
servicemember.
22
23
report"?
24
25
done that report and instructed it to redo the report under a
02:35
02:35
Are you aware of any other evidence the military or
02:35
And in the '80s, some PERSEREC researchers did a
02:36
That was the draft report.
Can you explain what you mean by "that was the draft
Well, the Pentagon got very upset at PERSEREC for having
02:36
607
narrower scope; so they did.
to redo the PERSEREC report under a narrower scope?
the memos from the Defense Department to Carlson Eoyang,
E-O-Y-A-N-G, who was the head of PERSEREC at the time.
What did the memorandum state?
Oh, well, the -- I think it was an undersecretary or -- I
can't remember.
What evidence do you have that the military directed them
I have the memos.
I mean, they were published.
I have
02:36
It was an official who was -- a Pentagon
10
official, who had authored the memo, who said you weren't
11
supposed to research on this topic; you've expanded your scope;
12
you've wasted Government resources; go redo the study.
13
14
evidence that the military tried to suppress the PERSEREC
15
reports?
16
17
if I'm not mistaken, tried to get ahold of the PERSEREC
18
reports, and he was told by a military archivist that it didn't
19
exist.
20
21
PERSEREC report?
22
23
but he published an account of that where he says.
24
25
support the rationale that allowing open gays and lesbians to
02:37
Aside from those memorandum, do you have any other
02:37
Well, Congressman Studds, Gerry Studds, G-E-R-R-I (sic),
When did Congressman Studds try to get ahold of the
I don't know.
02:37
It would have been roughly 20 years ago,
Professor Belkin, is there any empirical evidence to
02:38
608
serve in the U.S. military would harm unit cohesion or
performance?
Any good evidence?
Explain what you mean by that.
Well, there are experts who say that allowing gays and
lesbians to serve openly would undermine cohesion; so if you
count those statements as evidence, then yes, there's evidence.
02:38
I don't believe that those claims are correct.
Why don't you believe those claims are correct?
10
Sorry.
There's other evidence, too.
11
Sorry.
Go ahead.
12
There are also statistical findings that many
13
servicemembers don't want gays and lesbians to serve openly.
14
And many servicemembers say that gays and lesbians in their
15
units undermine their personal and the units' morale and
16
cohesion and readiness.
17
Why do you say that's not good empirical evidence?
18
The statistical evidence that I just referenced?
19
No, the statements of the experts.
20
Oh.
21
evidence to support what they are saying.
22
because sure, they can put the claim into an English sentence,
23
fine, and no disrespect at all is intended to their statuses as
24
generals and admirals, but every scholarly test of the unit
25
cohesion rationale -- I mean, even the Army Research Institute
02:38
That's all from the Zogby poll.
I'm sorry.
Because they are not basing -- because there's no
02:39
02:39
In other words,
02:39
609
has looked into this, and there's just no evidence to sustain
the claim.
So that's part one.

And then, part two is that there's research that
shows that the people who formulated the unit cohesion
rationale back in the early '90s based it on nothing.
words, they had their beliefs, but they didn't have any
evidence.
which study are you referring to?
In other
02:40
When you refer to "the Army Research Institute study,"
10
That's the work by Paul Gaety in the Greg Harris book.
He
11
looked into, I believe it was foreign militaries.
12
13
that closeted gays may be -- that open gayness might improve a
14
little bit unit cohesion.
02:40
Earlier you mentioned that based on testimonial evidence,
15
Is there any other evidence that shows that allowing
16
gays and lesbians to serve openly will provide positive
17
benefits to the military?
18
Yes.
19
What is that evidence?
20
They are small benefits; they are not huge benefits.
21
military would save a little money.
22
black eye that -- I mean, the military gets a lot of bad press,
23
and I did a study on this, so it would erase the media black
24
eye.
25
do their jobs.
The
02:40
02:41
It would erase the media
It would make it a little easier for gays and lesbians to
02:41
610
And you could talk about talent loss, as well.
About
13,000 people have been fired so far under "Don't Ask, Don't
Tell," and a GAO study, a Government Accountability Office
study, found that more than 700 of those were mission critical
specialists of the people who had been fired; so in an
organization of 1.4 million active-duty troops, that's not a
lot, but there is a talent loss here.
allowing gays and lesbians to serve openly would save the
02:41
I believe the first piece of evidence you stated was that,
10
military a little bit of money?
11
Yes.
12
Have you studied that issue?
13
Yes.
14
Can you explain your study of -- of the issue of saving
15
the military money by allowing gays and lesbians to serve
16
openly?
17
18
Commission.
19
former secretary of defense; it included professors at military
20
universities, including West Point and the Naval Postgraduate
21
School.
22
"Don't Ask, Don't Tell," and using very conservative
23
assumptions at every stage, concluded that in the first ten
24
years of the policy, implementing it cost at least
25
$363 million, I believe was the number.
02:42
02:42
This was a panel that I had chaired called the Blue Ribbon
The panel was very distinguished.
It included a
02:42
And the commission looked into the financial impact of
02:43
611
1
2
Professor Belkin, can you find Exhibit 10 in Volume II?

MR. GARDNER:
Your Honor, I'm now going to lodge an
objection because we are beyond the scope.
asked if he was going to offer opinions about costs in his
deposition and he expressly said no.
is in his deposition.
THE COURT:
MS. FELDMAN:
9
10
11
12
I can show you where that
Your Honor, I believe it's in his

I think they asked him if he was an
But counsel might be correct.
THE COURT:
can look into that and respond after the afternoon recess.
So we'll be in recess until 3:00.
14
Thank you.
15
MS. FELDMAN:
16
(Volume II of today's proceedings is concluded.)
You may step down.

17
18
CERTIFICATE
19
21
22
I hereby certify that pursuant to section 753, title 28, United

States Code, the foregoing is a true and correct transcript of
the stenographically recorded proceedings held in the aboveentitled matter and that the transcript page format is in
conformance with the regulations of the Judicial Conference of
the United States.
23
24
25
02:43
Let's take our afternoon recess and you
13
20
02:43
Do you wish to respond?
report about Blue Ribbon.

expert on costs.
He was specifically
_/S/ Theresa A. Lanza

CSR, RPR
Federal Official Court Reporter
_________________
Date
02:43
$
$363 [1] - 610:25
'
'50s [1] - 605:9
'80s [1] - 606:18
'90s [1] - 609:5
'if [1] - 592:16
'the [1] - 599:22
'You [1] - 594:25
1
1 [3] - 553:7, 577:3,
577:24
1.4 [1] - 610:6
11 [6] - 553:8,
553:15, 555:1, 555:3,
583:4, 586:19
11-16 [2] - 516:16,
555:5
11:03 [1] - 517:1
12 [6] - 543:9, 553:8,
553:15, 553:16,
554:10, 554:25
13,000 [1] - 610:2
14 [1] - 587:1
142 [5] - 516:15,
531:2, 531:10,
531:13, 531:15
144 [1] - 517:8
15 [3] - 517:1,
522:19, 587:4
16 [3] - 555:1, 555:4,
587:13
17 [3] - 553:16,
554:10, 554:25
178 [2] - 553:25,
570:13
1900 [1] - 515:8
1963 [1] - 597:20
1986 [2] - 591:23,
592:8
1988 [1] - 537:24
1991 [1] - 538:12
1992 [1] - 538:23
1994 [2] - 597:15,
598:11
1996 [1] - 559:23
1998 [4] - 539:1,
539:11, 543:12, 545:9
1999 [1] - 545:10
1:10 [1] - 554:18
1st [1] - 543:16
2
2 [5] - 556:13, 562:3,
577:3, 577:24, 592:24
20 [10] - 515:15,
522:20, 547:7,
586:14, 593:4,
595:18, 598:8,
598:14, 604:1, 607:22
20001 [1] - 515:16
2002 [4] - 557:25,
561:23, 563:12, 567:4
2003 [3] - 557:25,
558:13, 561:23
2004 [2] - 540:3,
562:15
2006 [2] - 544:6,
566:8
2008 [1] - 563:23
2010 [2] - 517:1,
543:13
202-353-0543 [1] 515:17
21 [1] - 547:7
213-620-7772 [1] 515:9
22203 [1] - 515:21
23 [4] - 587:15,
587:16, 587:17,
596:21
24/7 [1] - 585:19
25 [6] - 569:8,
586:14, 592:24,
597:20, 603:25
288 [1] - 597:7
3
3 [1] - 597:7
30 [4] - 569:8,
569:22, 603:25
30's [2] - 586:16,
587:9
31 [1] - 549:20
33 [10] - 516:16,
553:1, 553:15,
553:20, 553:22,
554:5, 554:10,
554:24, 555:5, 577:6
4
4 [1] - 605:12
40 [2] - 569:22, 587:9
400 [1] - 515:21
45 [1] - 587:17
5
50 [1] - 569:22
517 [2] - 516:3, 516:8
531 [1] - 516:15
534 [1] - 516:8
536 [1] - 516:8
537 [1] - 516:12
555 [1] - 516:16
6
6108 [1] - 515:16
633 [1] - 515:7
67 [1] - 593:5
7
7 [1] - 577:8
700 [2] - 544:1, 610:4
77 [4] - 589:3, 589:6,
589:8, 593:2
78 [2] - 589:20,
589:21
79 [1] - 590:4
8
80 [2] - 590:11,
590:12
9
90071-2007 [1] 515:8
901 [1] - 515:21
9:00-to-5:00 [1] 529:3
A
A.M [1] - 517:1
Aaron [5] - 515:6,
536:18, 536:21,
537:6, 593:2
AARON [3] - 516:11,
537:6, 537:10
abbreviation [1] 561:19
ability [1] - 533:21
able [2] - 522:15,
524:25
absolutely [3] 551:9, 552:9, 594:18
abuse [3] - 522:22,
533:14, 535:2
Case Name/number
academic [3] 548:21, 566:1, 569:17

academies [4] 569:2, 569:4, 569:5,
569:12
Academy [20] 519:9, 519:11,
519:14, 520:8, 522:7,
522:12, 522:17,
522:23, 523:3, 523:4,
526:24, 528:16,
529:25, 530:11,
530:12, 530:13,
530:15, 530:18, 547:4
acceptance [1] 530:15
acceptant [1] - 594:4
accepted [1] - 519:8
accidentally [1] 557:16
acclimate [1] 598:14
accomplishment [1]
- 517:25
accordance [1] 552:5
account [1] - 607:23
Accountability [1] 610:3
accumulation [1] 591:11
Achievement [2] 517:18, 517:24
acknowledge [3] 529:2, 571:5, 595:12
acknowledged [2] 572:3, 591:1
acronym [1] - 517:8
actions [1] - 524:12
active [3] - 520:22,
536:8, 610:6
active-duty [1] 610:6
activists [1] - 551:5
actual [4] - 571:15,
574:22, 597:18,
598:18
add [1] - 561:22
addition [2] - 545:2,
593:5
additional [1] 553:23
address [1] - 529:9
administered [2] 564:6, 564:9
administrative [1] 538:2
admiral [2] - 575:1,
575:3
admirals [1] - 608:24
date
admission [1] 519:11

admit [4] - 531:9,
553:12, 554:2, 570:7
admitted [5] 531:13, 554:11,
555:4, 597:6, 605:12
aerial [2] - 568:17,
568:19
affect [1] - 530:14
affected [1] - 533:20
afraid [1] - 529:2
African [1] - 543:2
African-Americans
[1] - 543:2
afternoon [2] 554:18, 554:21
age [1] - 565:4
agencies [2] 601:23
ago [6] - 529:5,
541:22, 558:13,
579:5, 583:24, 607:22
agree [7] - 551:7,
597:24, 597:25,
598:20, 605:15,
605:16, 605:19
ahead [13] - 523:10,
525:7, 527:8, 533:11,
550:14, 555:17,
556:7, 560:14,
564:21, 598:25,
601:17, 603:23,
608:11
ahold [2] - 607:17,
607:20
aid [1] - 541:9
AIDS [1] - 573:21
Air [3] - 547:4,
547:10, 575:2
Allen [1] - 605:25
allow [10] - 563:6,
571:4, 582:19,
592:24, 597:20,
599:17, 600:11,
601:9, 601:20, 601:24
allowed [7] - 525:5,
528:25, 551:23,
574:23, 582:25,
591:2, 596:3
allowing [24] 550:22, 551:3,
570:20, 571:11,
572:22, 574:2, 580:8,
584:24, 588:8,
589:12, 589:25,
590:8, 590:16,
590:21, 594:16,
594:21, 600:6,
601:12, 602:5,
607:25, 608:5,
609:15, 610:9, 610:15
allows [2] - 590:20,
601:14
almost [5] - 554:16,
561:1, 568:22,
593:18, 598:13
American [13] 542:20, 543:3,
543:23, 572:2,
575:17, 577:4, 578:9,
578:22, 579:18,
579:24, 580:6,
584:22, 594:4
Americans [5] 543:2, 543:5, 576:7,
576:9, 578:20
analogous [2] 571:19, 588:10
analyses [1] - 550:22
analysis [12] 550:18, 550:19,
566:16, 566:21,
572:12, 581:3,
581:25, 582:20,
583:23, 583:25,
584:17, 601:5
analyze [1] - 583:11
analyzed [4] 571:11, 578:8, 588:8,
602:12
analyzing [1] 571:24
AND [1] - 515:18
anecdotal [4] 573:4, 603:14,
603:21, 604:4
Angeles [1] - 515:8
Annapolis [2] 530:2, 530:3
answer [16] - 518:25,
524:14, 527:19,
533:9, 540:17,
540:18, 540:25,
549:11, 549:13,
560:16, 564:4,
576:19, 579:11,
593:9, 593:13, 604:18
Answer [1] - 566:6
answered [1] 598:22
answering [1] 548:16
answers [3] 526:15, 549:10,
549:14
anti [2] - 585:23,
592:6
anti-"Don't [1] 558:18
anti-gay [1] - 592:6

anti-social [1] 585:23
anticipate [1] 594:15
anticipated [1] 594:20
AOR [1] - 518:11
apologize [1] 578:15
apparatus [2] 542:11, 550:6
appeal [1] - 531:23
appealing [3] 531:23, 531:24,
531:25
appear [2] - 576:19,
592:20
APPEARANCES [1] 515:1
applied [5] - 545:6,
545:8, 546:2, 568:21,
588:16
appreciation [1] 542:14
approach [2] 600:24, 601:2
appropriate [2] 548:16, 572:16
April [1] - 597:20
Arabia [1] - 594:12
archivist [2] - 606:3,
607:18
area [2] - 518:12,
572:25
areas [1] - 570:17
argument [1] - 567:8
Arlington [1] 515:21
armed [7] - 534:2,
539:9, 579:15, 593:4,
599:5, 599:14
Armed [12] - 556:15,
556:17, 562:10,
563:23, 564:3,
565:20, 565:21,
566:3, 566:8, 568:4,
571:16, 597:14
arms [2] - 526:22,
567:23
Army [9] - 547:3,
552:22, 557:18,
561:19, 575:2,
591:22, 591:23,
608:25, 609:8
ARMY [1] - 515:19
arrive [1] - 583:22
arrived [2] - 521:16,
545:9
art [3] - 545:20,
546:1, 604:20
article [6] - 557:14,
557:17, 557:19,
557:23, 563:21, 564:8
articles [2] - 573:5,
573:25
articulated [1] 570:12
ashamed [4] 564:24, 565:12,
565:17
aside [6] - 544:20,
551:13, 569:12,
574:21, 578:21,
607:13
aspect [1] - 560:10
aspects [1] - 601:8
assess [3] - 560:16,
569:24, 571:22
assessing [4] 559:13, 559:16,
559:18, 584:2
Assessment [1] 592:9
Assigned [2] 517:11, 517:12
assignment [1] 569:23
assistant [4] - 538:6,
539:17, 539:22,
547:23
associate [5] 539:16, 539:21,
539:22, 540:2, 543:21
associated [1] 558:21
Associated [1] 563:10
assumption [5] 602:19, 602:22,
603:5, 603:8, 604:10
assumptions [7] 566:22, 566:23,
566:25, 602:17,
602:18, 603:4, 610:23
attached [2] 553:13, 554:5
attack [1] - 568:24
attempted [1] 606:13
attend [1] - 519:14
attention [2] - 535:6,
535:7
attitude [1] - 592:3
attitudes [2] 564:13, 593:17
Attorney [1] - 515:20
audiences [1] 546:19
audit [1] - 546:8
Case Name/number
auspices [1] - 576:8

Australia [5] 561:13, 562:12,
575:25, 594:14,
598:13
Australian [9] 560:5, 560:6, 561:10,
561:25, 588:13,
590:5, 590:7, 590:9,
595:21
author [4] - 549:25,
550:16, 567:1, 573:19
authored [6] - 538:5,
549:24, 562:16,
566:4, 572:6, 607:10
authors [2] - 548:21,
566:14
available [2] 566:18, 598:5
Avenue [1] - 515:15
average [3] - 582:5,
585:2, 602:7
avoid [2] - 532:3,
532:4
award [2] - 518:3,
606:11
awarded [2] 538:22, 606:1
awards [3] - 517:15,
517:17, 518:21
aware [6] - 574:20,
578:21, 590:19,
601:23, 605:21,
606:12
awhile [3] - 523:22,
541:22, 558:13
B
B-e-l-k-i-n [1] - 537:6
BA [1] - 537:21
background [1] 537:17
backwards [1] 539:19
bad [3] - 581:17,
581:18, 609:22
Bahrain [5] - 518:6,
520:8, 524:24,
534:17, 534:20
Ban [7] - 556:14,
557:20, 558:8,
558:11, 562:5,
562:10, 563:22
ban [16] - 551:14,
560:8, 564:2, 582:24,
591:1, 592:6, 592:12,
592:16, 593:22,
594:7, 594:10,
date
594:17, 595:13,
595:14, 595:18,
600:18
banded [1] - 567:10
Barbara [11] 539:12, 539:15,
539:24, 540:5, 541:3,
541:15, 543:8,
543:15, 545:6, 546:2,
546:3
base [2] - 517:14,
520:2
Based [1] - 557:20
based [20] - 545:21,
557:21, 558:6,
558:16, 558:20,
584:22, 589:11,
589:24, 590:7,
590:15, 600:2, 601:5,
601:11, 602:3,
602:20, 602:22,
604:10, 605:4, 609:5,
609:12
bashing [1] - 597:22
basic [2] - 540:12,
559:4
basing [1] - 608:20
basis [7] - 552:13,
578:3, 580:2, 580:10,
599:13, 599:23,
601:15
Bateman [2] 576:11, 576:14
Bateman's [1] 576:22
battalion [4] 525:23, 525:25,
526:1, 530:10
bear [1] - 540:18
beat [1] - 592:17
become [3] - 540:1,
540:24, 589:18
begin [3] - 537:16,
540:13, 571:23
beginning [3] 558:10, 577:8, 597:17
Behalf [2] - 515:3,
515:11
behalf [1] - 537:11
behind [3] - 546:14,
550:7, 559:5
belief [1] - 526:11
beliefs [1] - 609:6
believes [2] - 591:21,
591:24
BELKIN [2] - 516:11,
537:10
Belkin [23] - 536:18,
536:21, 537:6,
537:15, 554:13,
555:7, 556:7, 558:1,

564:17, 569:23,
570:8, 570:20,
574:20, 575:16,
580:22, 586:19,
590:24, 593:15,
597:6, 598:25,
599:15, 605:1, 607:24
Belkin's [4] - 553:20,
576:19, 592:20, 593:2
below [1] - 587:11
Belvy [1] - 576:14
benefits [5] - 546:15,
595:24, 609:17,
609:20
Berkeley [2] 538:16, 538:17
Berube [1] - 605:25
best [4] - 548:16,
568:1, 583:8, 584:16
better [4] - 548:13,
575:14, 585:3, 585:5
between [21] - 546:3,
559:20, 567:20,
567:24, 568:15,
568:18, 569:8,
572:12, 575:11,
578:20, 581:4, 581:7,
581:13, 582:5,
583:20, 584:3,
584:10, 584:18,
592:2, 593:16, 593:25
beyond [2] - 577:13,
579:7
bibliography [1] 577:7
big [1] - 544:1
biggest [2] - 519:15,
567:19
binder [2] - 531:3,
597:8
binders [1] - 553:2
bit [15] - 521:12,
526:17, 545:19,
547:20, 565:19,
567:14, 585:3, 585:4,
585:23, 585:24,
587:22, 589:18,
597:25, 609:14,
610:10
black [5] - 542:8,
587:8, 609:22, 609:23
Blue [2] - 563:9,
610:17
body [3] - 527:2,
542:5, 604:8
bombing [1] - 568:18
bonding [2] - 585:14,
586:4
bonds [6] - 571:1,
571:2, 571:7, 571:8,

571:9, 602:21
Bonnie [9] - 523:19,
523:23, 523:25,
525:2, 525:5, 527:10,
528:5, 528:11, 583:18
book [17] - 555:21,
557:7, 558:5, 558:12,
558:14, 558:16,
558:22, 558:25,
559:3, 559:5, 559:19,
559:21, 568:14,
605:25, 606:2, 609:10
books [5] - 546:8,
558:1, 558:2, 558:4,
573:19
bosses [1] - 538:4
bosses' [1] - 538:6
bottom [4] - 557:1,
562:3, 577:3, 577:23
bound [1] - 521:21
Braden [4] - 519:23,
535:6, 535:11, 535:14
Bradley [1] - 515:14
Branch [1] - 515:13
branches [1] 546:21
break [2] - 559:25,
569:1
breaking [2] 554:17, 575:12
brief [1] - 586:25
briefly [1] - 568:12
bring [5] - 535:7,
540:18, 543:12,
545:19, 570:2
Britain [2] - 562:12,
594:15
British [16] - 560:7,
561:10, 562:1,
588:14, 589:9,
589:11, 589:13,
592:1, 592:2, 592:5,
592:8, 592:11, 593:1,
593:4, 593:18, 598:14
broad [1] - 544:12
broader [1] - 542:15
Brookings [4] 579:1, 579:3, 579:9,
579:17
brought [1] - 535:5
Brown [4] - 537:19,
537:20, 537:22,
537:25
built [1] - 528:3
but.. [1] - 550:11
BY [46] - 515:5,
515:5, 515:6, 515:6,
515:7, 515:13,
515:14, 515:14,
515:15, 515:20,
517:6, 517:22, 519:3,
521:4, 521:10,
522:11, 524:20,
525:20, 526:10,
527:9, 528:9, 531:16,
533:1, 533:16,
534:12, 536:3,
537:14, 539:23,
554:12, 555:6,
555:24, 556:6,
565:15, 570:19,
578:7, 579:16,
580:21, 581:12,
586:18, 587:2,
587:10, 593:14,
596:10, 598:24,
599:24, 605:14
C
California [9] 515:8, 517:1, 539:12,
539:14, 545:9, 546:6,
546:7, 558:17, 606:18
campus [1] - 529:2
Canada [3] - 575:25,
594:15, 598:13
Canadian [14] 557:2, 560:7, 561:10,
561:25, 562:4, 562:6,
588:14, 590:13,
590:15, 590:17,
593:15, 593:16,
593:20, 595:22
Canadians [1] 593:19
cannot [2] - 571:1,
603:6
Captain [8] - 519:23,
530:8, 530:17, 531:8,
535:6, 535:11, 535:14
care [1] - 581:11
career [8] - 520:9,
522:19, 522:23,
522:25, 524:3,
524:19, 534:1, 597:23
Carlson [1] - 607:5
carried [2] - 521:23,
521:24
carry [1] - 525:17
case [27] - 540:21,
542:11, 547:3,
547:12, 548:11,
551:6, 551:8, 551:9,
551:11, 551:15,
553:5, 560:19,
560:24, 560:25,
561:5, 561:14,
561:15, 561:16,
Case Name/number
561:20, 562:8,
569:23, 584:9, 589:1,
591:14, 591:16,
602:25
Case [1] - 516:3
CASE [1] - 515:4
cases [6] - 559:7,
561:8, 576:15,
576:17, 585:2, 585:19
cast [1] - 603:2
categories [2] 542:7, 542:9
categorize [1] 542:7
caught [3] - 523:12,
523:13, 525:9
causal [5] - 559:6,
559:11, 559:15,
559:18, 559:22
causes [4] - 559:6,
581:25, 584:4, 584:20
Center [31] - 544:23,
544:25, 545:3, 545:5,
545:8, 545:11,
545:12, 545:14,
545:23, 546:4, 546:5,
546:11, 546:17,
547:13, 547:19,
548:2, 548:7, 548:19,
549:2, 549:5, 549:18,
550:3, 550:21,
551:15, 552:6,
552:16, 560:1, 573:3,
574:9, 575:20
center [1] - 538:11
Center's [2] - 552:5,
561:17
certain [2] - 587:14,
587:15
certainly [2] 518:23, 595:15
cetera [2] - 571:20,
592:18
chain [6] - 526:1,
526:2, 526:15,
526:16, 526:23,
526:24
chair [5] - 520:1,
521:11, 521:16,
521:17, 521:21
chaired [1] - 610:17
chance [2] - 520:7,
520:10
change [3] - 524:25,
588:5, 596:2
changes [1] - 555:2
changing [1] 524:21
chapter [1] - 558:24
chapters [2] - 557:7
date
character [1] 518:22

charge [1] - 526:3
Charles [1] - 583:16
Chief [4] - 519:17,
534:23, 535:2, 535:20
children [1] - 523:7
choice [1] - 575:11
cholesterol [1] 568:23
chose [2] - 562:23,
575:14
Chris [1] - 548:4
Chronicle [1] 573:20
CIA [1] - 601:24
circuit [1] - 580:15
circumstances [1] 599:9
cite [2] - 580:14,
591:15
cited [2] - 551:20,
552:3
cites [1] - 592:25
city [1] - 562:24
City [1] - 544:4
Civil [2] - 515:13,
568:5
civil [3] - 542:16,
566:2, 567:22
civilian [3] - 569:16,
594:3, 594:5
claim [6] - 559:6,
559:7, 559:8, 595:24,
608:22, 609:2
claims [9] - 545:17,
559:11, 559:12,
559:14, 559:15,
559:17, 559:18,
608:8, 608:9
clarify [1] - 517:7
class [1] - 543:25
classic [1] - 544:18
clear [1] - 535:8
clergy [1] - 560:21
closely [1] - 522:21
closet [1] - 585:20
closeted [2] 585:16, 609:13
Club [2] - 558:17,
569:16
co [3] - 538:5,
549:25, 566:14
co-author [1] 549:25
co-authored [1] 538:5
co-authors [1] 566:14
coeditor [1] - 558:23
coercion [2] 568:17, 568:19

coherence [1] 603:2
coherent [1] - 566:20
cohesion [61] 550:7, 550:9, 558:19,
560:9, 566:17,
566:19, 566:23,
569:24, 570:22,
570:24, 571:12,
571:22, 572:13,
573:17, 574:14,
575:15, 581:6, 581:8,
581:14, 581:17,
581:18, 581:20,
581:25, 582:3, 584:5,
584:8, 584:10,
584:15, 584:20,
584:21, 585:1, 585:3,
585:4, 586:1, 586:5,
587:22, 587:25,
588:9, 589:15,
589:16, 599:18,
600:5, 600:15,
600:18, 601:7, 602:6,
602:8, 602:12,
602:16, 602:19,
603:3, 604:11,
604:15, 604:21,
608:1, 608:6, 608:16,
608:25, 609:4, 609:14
Cohesion [1] - 566:5
cohesive [2] 574:17, 584:12
cohesiveness [2] 588:1, 588:3
cohort [1] - 565:4
College [6] - 544:4,
544:7, 547:3, 552:22,
557:18, 561:19
Combat [1] - 566:5
combat [5] - 571:3,
571:9, 572:19,
573:15, 595:19
comfortable [1] 603:19
coming [2] - 596:8,
598:7
command [8] 526:1, 526:2, 526:15,
526:16, 526:17,
526:23, 526:24,
535:19
commander [1] 523:20
commanders [4] 573:13, 575:6,
575:10, 579:13
commanding [2] -
520:14, 526:20
commemorate [1] 530:22
comment [1] 601:15
comments [1] 517:7
Commission [1] 610:18
commission [6] 547:16, 549:1, 549:3,
549:6, 582:12, 610:21
commissioned [5] 528:20, 549:18,
549:24, 549:25,
552:16
commitment [2] 522:18, 523:1
Committee [1] 597:14
committee [1] 599:11
Commonwealth [2] 558:17, 569:16
communication [1] 529:6
communications [1]
- 548:5
community [1] 523:2
comparison [1] 594:6
compelled [1] 520:12
completed [1] 536:9
Complies [1] - 531:5
composed [1] 526:25
compound [2] 528:25, 529:11
comprehensive [1] 561:6
concerned [1] 548:14
concerning [12] 555:8, 572:21, 574:2,
575:16, 578:22,
584:24, 590:24,
595:11, 602:4,
604:10, 604:12,
606:13
concerns [1] 522:25
conclude [4] 520:21, 576:13,
583:18, 601:5
concluded [3] 576:15, 601:19,
610:23
concludes [2] 574:5, 599:11

conclusion [1] 583:22
conclusions [1] 549:3
conditions [4] 532:11, 532:15,
599:5, 599:10
conduct [1] - 532:2
conducted [6] 519:17, 550:3, 550:5,
570:4, 575:20, 604:14
Conference [4] 579:1, 579:4, 579:9,
579:17
conference [5] 558:16, 558:22,
579:5, 579:12, 580:16
conferences [2] 538:4, 569:17
confident [4] - 523:8,
533:12, 533:14,
533:22
confirm [2] - 535:8,
586:22
confirmed [1] 585:7
conflict [1] - 519:2
conform [1] - 546:9
confused [2] 553:19, 553:22
congress [1] - 600:5
Congress [1] 551:19
Congressman [2] 607:16, 607:20
connected [1] 532:18
conservative [3] 562:24, 565:10,
610:22
consider [1] - 546:18
consideration [1] 548:25
considerations [1] 541:9
considered [7] 524:11, 525:23,
530:10, 574:21,
574:22, 599:16, 600:5
considering [2] 588:9, 602:13
considers [1] 525:14
consisted [1] 558:22
consistent [1] 604:5
consists [1] - 526:18
Case Name/number
constant [1] - 541:25

cont'd [2] - 516:7,
517:5
Cont'd)....................
.. [1] - 516:3
contact [1] - 530:1
contain [1] - 550:22
contest [2] - 531:18,
531:21
continue [10] 517:3, 524:14,
525:15, 529:23,
534:1, 534:6, 554:22,
578:5, 588:4, 593:9
continuing [1] 520:9
contractors [2] 547:22, 547:25
control [1] - 567:23
controlling [3] 581:25, 584:4, 584:20
conversation [5] 528:10, 528:11,
545:21, 546:22,
572:18
converse [1] 603:12
convince [1] - 524:4
copy [1] - 553:4
Corp [1] - 575:3
Corporation [1] 583:15
corps [1] - 523:5
Corps [2] - 517:18,
517:24
correct [38] - 518:16,
534:17, 534:18,
534:20, 534:21,
534:24, 534:25,
535:3, 535:6, 535:9,
535:10, 535:12,
535:14, 535:15,
535:17, 535:18,
535:21, 535:22,
538:13, 559:23,
571:25, 572:14,
577:15, 578:12,
580:18, 580:23,
583:7, 586:14,
586:23, 587:18,
596:7, 598:1, 598:3,
598:10, 598:15,
598:20, 608:8, 608:9
correction [2] 554:24, 555:3
correlation [3] 581:7, 581:13, 584:3
cost [1] - 610:24
costs [4] - 546:15,
550:15, 558:21,
date
597:23
Counsel [1] - 579:22
count [3] - 569:20,
569:21, 608:7
Counterfactual [2] 558:9, 559:1
counterfactual [6] 540:22, 559:8,
559:11, 559:13,
559:15, 559:17
counterfactuals [1] 559:21
countries [3] 594:10, 594:25,
596:17
country [5] - 551:18,
564:5, 568:21,
568:22, 590:19
couple [2] - 556:1,
596:12
Coups [4] - 539:5,
568:14, 568:22,
568:25
course [13] - 538:6,
540:10, 540:11,
541:20, 541:21,
541:22, 542:2,
542:13, 542:23,
543:1, 544:9, 544:13,
575:14
courses [9] - 540:4,
540:6, 541:2, 541:5,
541:15, 541:18,
541:19, 543:22, 547:5
COURT [62] - 517:3,
517:20, 518:23,
521:3, 521:8, 522:10,
524:10, 525:13,
526:9, 526:13, 527:2,
527:4, 527:7, 527:18,
527:22, 531:12,
532:25, 533:8,
533:11, 534:9,
535:24, 536:12,
536:15, 536:20,
536:22, 537:3, 537:7,
539:19, 553:15,
553:17, 554:4, 554:7,
554:9, 554:15,
554:21, 555:2,
555:18, 556:3,
564:15, 564:21,
570:11, 570:15,
576:21, 576:25,
577:10, 577:17,
577:25, 579:9,
579:21, 580:1, 580:9,
580:13, 580:19,
581:11, 586:12,
592:22, 593:8,
593:12, 596:6,
598:23, 599:21,
605:13
Court [17] - 525:13,
531:7, 541:7, 542:1,
544:10, 544:24,
550:2, 557:10,
561:24, 563:25,
564:10, 566:10,
567:6, 567:15,
575:23, 579:3, 605:7
court [2] - 520:13,
536:24
courtroom [1] 536:19
covered [1] - 522:1
craft [4] - 549:7,
549:8, 549:9, 572:11
create [1] - 545:14
created [3] - 545:23,
547:14, 591:23
Crisis [2] - 538:9,
538:10
critical [1] - 610:4
Crittenden [7] 605:1, 605:4, 605:7,
605:11, 605:15,
605:18, 605:22
CROSS [3] - 516:6,
516:10, 534:11
cross [2] - 534:10,
578:2
cross-examination
[2] - 534:10, 578:2
CROSSEXAMINATION [1] 534:11
crying [1] - 529:16
Cuban [2] - 538:9,
538:10
culture [1] - 596:25
current [2] - 544:20,
575:7
curriculum [3] 540:11, 542:1, 542:22
cutting [1] - 563:18
cutting-edge [1] 563:18
CV [11] - 553:10,
553:12, 553:13,
554:2, 555:16,
555:17, 555:18,
555:19, 561:22,
561:24, 562:13
D
d'etat [3] - 539:5,
568:14, 568:22
daily [1] - 599:8

Dan [1] - 515:5
data [50] - 545:21,
546:1, 546:11,
546:13, 549:13,
549:14, 550:8,
550:18, 550:21,
550:25, 551:1, 551:4,
551:7, 551:9, 551:12,
551:15, 551:21,
552:3, 552:8, 552:11,
552:13, 557:21,
564:5, 566:15,
575:16, 577:16,
578:22, 580:23,
583:10, 583:11,
583:19, 589:19,
591:4, 591:5, 591:10,
592:5, 592:21, 594:1,
594:3, 595:15,
595:17, 595:21,
595:24, 598:4, 598:5,
603:12, 603:14,
603:16, 603:21,
603:22
David [1] - 597:19
DC [1] - 515:16
dead [1] - 604:8
deal [2] - 545:16,
546:20
debate [4] - 545:15,
545:17, 545:19, 551:5
Debates [3] - 555:22,
558:7, 558:11
debating [1] - 558:18
decade [1] - 598:15
decide [3] - 523:10,
523:14, 545:14
decided [1] - 523:15
decision [9] 529:13, 529:16,
530:12, 563:6,
596:18, 599:17,
600:11, 600:18, 601:9
decisions [2] 544:17, 601:20
declare [1] - 597:21
Defendants [1] 515:11
defense [6] - 569:6,
589:23, 589:25,
595:17, 598:8, 610:19
Defense [7] - 518:14,
518:17, 547:9,
556:24, 562:9, 592:8,
607:5
definitely [1] 597:25
degree [4] - 537:20,
537:22, 538:17, 599:8
degrees [1] - 538:19

department [5] 539:24, 544:8,
562:25, 563:1, 563:3
Department [6] 556:23, 563:5,
563:11, 600:21,
600:23, 607:5
DEPARTMENT [1] 515:12
departments [3] 571:20, 601:21
deployed [2] 573:13, 576:7
deployments [1] 599:7
deposed [1] - 580:5
deposition [7] 577:18, 577:20,
580:11, 580:13,
580:14, 580:16, 593:5
depression [1] 532:17
deputy [1] - 548:3
describe [24] 517:23, 521:12,
524:5, 525:4, 531:7,
540:10, 541:7, 542:1,
542:22, 544:10,
548:23, 550:2,
558:14, 558:25,
560:2, 562:20,
563:25, 564:9,
564:10, 566:10,
567:6, 568:12,
575:23, 600:22
described [3] 521:5, 583:23, 605:5
describing [1] 520:1
design [1] - 582:14
designated [1] 570:17
designation [1] 577:13
designed [6] - 542:6,
564:12, 567:7, 581:3,
582:16, 582:21
despite [1] - 596:22
detail [2] - 521:6,
521:13
details [1] - 578:15
deteriorate [2] 571:10, 603:10
deteriorates [1] 602:24
determinative [1] 591:5
Determine [1] 566:5
Case Name/number
determine [2] 568:21, 571:17

determines [1] 596:18
detriment [2] 590:21, 601:25
detriments [1] 573:17
developed [1] 571:7
developing [1] 541:10
Devon [1] - 515:6
diagnosed [2] 532:11, 532:16
died [1] - 573:20
Diego [14] - 556:23,
562:18, 562:20,
562:23, 563:5,
563:11, 600:20,
600:23, 600:25,
601:4, 601:6, 601:12
difference [4] 568:18, 585:2,
587:21, 587:24
different [20] - 523:4,
523:5, 526:22,
542:15, 545:7,
546:25, 550:4, 551:8,
551:21, 558:19,
566:12, 567:9,
567:19, 571:13,
576:6, 578:9, 583:2,
595:4, 595:5, 600:13
differently [1] 559:9
difficult [3] - 529:13,
594:21, 594:22
DIRECT [4] - 516:6,
516:10, 517:5, 537:13
direct [3] - 534:16,
535:4, 576:25
directed [2] - 536:5,
607:2
directly [1] - 533:4
director [5] - 544:23,
545:2, 547:18,
547:23, 548:3
disability [1] 532:18
disappear [1] - 571:7
discharge [7] 523:9, 525:7, 531:18,
531:24, 532:13,
573:14, 573:15
discharged [6] 520:19, 520:24,
535:14, 535:16,
573:12, 573:23
discharges [2] -
date
574:11, 574:16
discharging [1] 575:12
discipline [2] 548:24, 567:19
disclose [3] 529:18, 580:3, 597:1
disclosed [3] 529:20, 529:24, 578:3
disclosure [1] 530:5
disclosures [2] 596:8, 596:11
discovered [1] 575:10
discovery [2] 578:4, 580:3
discrete [1] - 597:2
discriminating [1] 591:13
discuss [4] - 563:19,
567:14, 572:20,
600:19
discussed [5] 535:4, 571:24,
578:21, 593:6, 594:14
discusses [1] 592:24
discussing [5] 537:16, 574:8, 578:8,
578:11, 579:24
discussion [1] 579:17
disgraced [2] 523:9, 525:9
disobeying [1] 520:14
disorder [2] 532:17, 532:18
disrespect [1] 608:23
dissertation [3] 539:2, 539:4, 558:6
distinction [1] 567:20
distinguish [2] 540:14, 559:20
distinguished [1] 610:18
distribute [1] 548:22
Division [2] - 515:13,
515:19
division [4] - 523:18,
523:19, 529:17,
567:24
Dixon [2] - 572:8,
573:4
Docket [1] - 570:12
doctoral [3] - 539:2,
540:13, 558:6
Document [1] 553:24
document [7] 531:4, 561:7, 588:25,
597:11, 599:19,
599:22, 601:2
documents [2] 576:20, 588:25
dog [12] - 519:16,
520:2, 520:3, 521:22,
521:25, 522:1, 522:2,
522:14, 532:12,
533:4, 536:5
dog-handling [4] 519:16, 522:2,
522:14, 536:5
done [15] - 518:1,
522:20, 528:14,
528:17, 546:24,
571:14, 582:20,
593:9, 593:12,
593:19, 601:16,
601:18, 604:24,
606:25
Donnelly [1] - 551:17
doubt [1] - 603:2
down [5] - 536:13,
554:19, 556:20,
556:22, 574:12
dr [1] - 586:19
Dr [8] - 553:20,
576:19, 576:22,
583:12, 583:13,
592:20, 597:6, 597:19
draft [2] - 606:21,
606:22
draw [2] - 600:16,
600:17
dream [1] - 519:15
driven [1] - 549:14
dropped [1] - 521:25
duly [1] - 537:12
dump [1] - 529:4
during [19] - 518:18,
519:2, 519:16,
520:21, 522:2,
527:23, 531:17,
533:3, 535:4, 544:3,
572:23, 573:8,
573:24, 574:3, 574:4,
574:12, 575:6, 580:3,
585:6
Duty [2] - 517:11,
517:12
duty [2] - 517:13,
610:6
E
e-mail [2] - 529:1,
530:1
e.l.m.o [1] - 555:19
Earle [1] - 515:5
early [2] - 545:10,
609:5
easier [3] - 589:18,
597:8, 609:24
easiest [1] - 589:5
easily [1] - 522:24
East [1] - 523:12
easy [1] - 521:19
economy [6] - 541:2,
541:4, 541:7, 541:11,
567:21, 567:24
edge [1] - 563:18
edited [1] - 555:21
editorial [1] - 564:4
education [1] 537:18
educational [1] 537:17
effect [7] - 562:25,
574:1, 576:21,
581:23, 585:17,
600:16, 602:7
effectively [3] 585:14, 603:1, 606:20
effectiveness [7] 571:3, 571:10,
583:21, 601:8, 602:1,
602:24, 603:10
effects [1] - 593:3
eight [1] - 606:5
either [4] - 521:19,
557:16, 567:10,
584:23
Elaine [1] - 551:17
elicit [1] - 570:16
eliminating [2] 586:2, 587:21
Embser [1] - 567:3
Embser-Herbert [1] 567:3
emotion [3] - 545:16,
545:22, 552:13
empirical [3] 603:12, 607:24,
608:17
employed [3] 543:17, 547:19,
547:23
employment [1] 537:16
encouraged [1] 524:5
end [2] - 524:3,
524:19
ended [2] - 518:6,
592:13
energy [1] - 546:20
engage [1] - 539:8
engaged [2] - 523:7,
538:1
English [1] - 608:22
enlist [1] - 565:5
enlisted [2] - 524:17,
528:19
enlistment [1] 582:25
Ensign [5] - 523:17,
523:22, 524:4, 524:7,
524:16
enticed [1] - 524:5
entire [3] - 529:11,
529:12, 561:4
entitled [2] - 563:21,
567:1
Entry [1] - 570:13
environment [1] 592:3
Eoyang [1] - 607:5
EOYANG [1] - 607:6
equivalence [2] 559:14
equivalent [1] 559:12
erase [2] - 609:21,
609:23
escalated [1] 533:15
especially [1] 596:19
establish [1] 542:17
established [1] 542:9
estimate [1] - 569:3
et [2] - 571:20,
592:18
Eudo [8] - 523:19,
523:23, 523:25,
525:2, 525:5, 527:10,
528:5, 528:11
evaluated [1] 522:20
Evans [3] - 574:7,
574:8, 574:9
Evans' [1] - 573:3
event [2] - 519:25
Evidence [2] 557:21, 599:22
evidence [41] 518:22, 531:10,
545:19, 545:20,
550:22, 552:6,
553:14, 558:20,
Case Name/number
566:19, 572:6, 573:4,

573:22, 575:4,
588:24, 590:24,
591:11, 591:14,
591:16, 595:11,
603:5, 603:8, 605:12,
605:21, 605:24,
606:12, 607:2,
607:14, 607:24,
608:3, 608:7, 608:10,
608:17, 608:18,
608:21, 609:1, 609:7,
609:12, 609:15,
609:19, 610:8
exact [1] - 574:17
exactly [3] - 545:25,
591:19, 593:18
EXAMINATION [4] 517:5, 534:11, 536:2,
537:13
examination [3] 534:10, 535:25, 578:2
examine [2] - 578:2,
588:20
examined [1] 537:12
example [7] - 541:9,
542:21, 544:15,
551:13, 560:8,
567:22, 581:20
examples [3] 551:13, 552:25,
591:18
exceeded [1] 533:23
except [1] - 600:25
exclude [1] - 570:14
Excluding [1] - 567:2
excuse [2] - 564:15,
576:1
executive [3] 526:22, 547:18, 548:3
exercises [1] - 599:8
exhibit [4] - 553:19,
589:20, 590:3, 590:11
Exhibit [27] - 517:8,
531:2, 531:10,
531:15, 553:1,
553:15, 553:20,
553:22, 554:5,
554:10, 554:24,
555:5, 556:13, 577:6,
583:4, 586:19, 589:3,
589:6, 589:8, 589:20,
589:21, 590:4,
590:11, 590:12,
593:2, 597:7, 605:12
exhibits [1] - 589:2
EXHIBITS [1] 516:14
date
exist [3] - 591:22,

606:3, 607:19
expanded [1] 607:11
expected [1] - 518:2
Expeditionary [1] 518:8
experience [11] 522:13, 527:25,
535:20, 570:24,
580:6, 594:20,
597:18, 598:18,
599:12, 601:11
experienced [4] 522:5, 532:21, 533:3,
590:20
experiences [4] 571:15, 579:14,
590:25, 601:13
experiment [1] 582:18
Experiments [2] 558:9, 559:1
expert [19] - 519:5,
519:6, 532:24,
551:18, 553:5, 553:8,
553:13, 560:20,
560:23, 560:25,
570:8, 570:14,
576:20, 579:8,
592:20, 592:23,
596:14, 599:20, 601:3
Expert [1] - 519:7
expert's [1] - 577:1
experts [8] - 551:5,
558:18, 561:5,
588:19, 591:15,
598:6, 608:5, 608:19
explain [18] - 519:22,
523:24, 529:14,
544:17, 544:24,
556:19, 557:10,
561:24, 567:15,
579:3, 579:9, 585:4,
602:15, 605:7,
605:24, 606:22,
608:4, 610:14
explained [4] 525:6, 530:8, 530:11
explaining [1] 524:12
Exploring [3] 555:22, 558:7, 558:10
expressed [1] 528:14
extended [1] 542:11
extent [2] - 585:15,
586:2
extreme [2] - 522:22,
543:7
extremely [2] 562:24
eye [2] - 609:22,
609:24
F
face [5] - 524:1,
525:2, 599:5
face-to-face [2] 524:1, 525:2
Facebook [1] - 530:1
fact [6] - 534:22,
535:1, 535:4, 551:11,
559:15, 591:22
factors [1] - 551:22
facts [1] - 577:16
faculty [1] - 527:5
fake [1] - 585:21
false [2] - 566:25,
585:25
familiar [2] - 579:1,
605:1
family [1] - 532:6
famous [1] - 551:17
far [1] - 610:2
FBI [1] - 601:24
fear [2] - 533:3,
533:15
feces [2] - 520:3,
522:1
fed [2] - 520:1,
521:21
Federal [4] - 515:13,
599:21, 601:22,
601:23
feelings [1] - 592:15
FELDMAN [38] 537:9, 537:14,
539:23, 553:12,
553:16, 554:1, 554:6,
554:12, 554:23,
555:6, 555:20,
555:24, 556:6,
565:15, 570:7,
570:18, 570:19,
577:2, 577:23, 578:6,
578:7, 579:16,
579:23, 580:4,
580:12, 580:18,
580:21, 581:12,
586:18, 587:2,
587:10, 592:23,
593:14, 596:10,
598:24, 599:24,
605:11, 605:14
Feldman [6] - 515:7,
516:12, 537:8,
554:15, 576:25,
592:22
fell [1] - 528:19
felt [3] - 520:7,
520:12, 533:14
female [1] - 542:8
few [5] - 536:1,
548:11, 583:23,
591:8, 597:21
field [7] - 544:12,
565:23, 568:6, 568:7,
599:8, 600:25
Fifth [1] - 515:7
fight [1] - 542:16
fighting [1] - 551:18
figure [1] - 564:23
figured [1] - 525:11
finally [1] - 590:11
finances [1] - 546:8
financial [2] 550:15, 610:21
findings [7] - 561:9,
561:12, 563:9, 575:9,
605:15, 605:18,
608:12
fine [2] - 576:16,
608:23
finish [1] - 579:11
finished [1] - 593:11
fire [2] - 546:9,
601:21
fired [2] - 610:2,
610:5
firm [1] - 582:11
first [18] - 522:15,
523:16, 523:17,
530:9, 537:12,
538:23, 539:21,
567:24, 568:14,
571:23, 573:6,
574:15, 591:9, 595:2,
596:12, 598:17,
610:8, 610:23
five [2] - 569:9,
587:12
flag [1] - 550:17
Flag [5] - 574:25,
575:9, 585:6, 585:12,
585:17
flagship [2] - 566:3,
568:5
fleet [1] - 530:19
flow [1] - 518:20
focus [3] - 539:4,
541:8, 541:12
focused [2] - 538:9,
541:21
follow [1] - 594:24
followed [1] - 522:21
following [5] -
535:13, 553:8,
575:12, 589:20,
595:13
follows [1] - 537:12
food [2] - 520:2,
521:22
Force [7] - 547:4,
562:19, 562:21,
575:2, 601:4, 601:6,
601:12
force [4] - 520:1,
521:21, 589:25,
601:10
force-fed [2] - 520:1,
521:21
forceful [1] - 551:17
forces [15] - 534:2,
539:9, 579:15,
589:23, 593:4,
594:23, 595:17,
595:22, 598:8, 599:5,
599:6, 599:14,
601:13, 605:17,
606:20
Forces [14] - 556:15,
556:17, 556:24,
562:4, 562:9, 562:11,
563:23, 564:3,
565:20, 565:21,
566:3, 566:8, 568:5,
571:16
foreign [35] - 539:8,
550:6, 560:1, 560:2,
563:5, 571:19,
575:17, 575:24,
576:3, 578:10,
578:17, 578:23,
579:13, 579:18,
584:23, 588:10,
588:20, 590:25,
591:5, 591:14,
591:15, 591:18,
591:24, 591:25,
594:19, 595:11,
596:13, 597:18,
598:18, 599:11,
599:17, 600:6,
600:24, 602:3, 609:11
foreigner [1] 578:20
foreigners [3] 576:7, 576:10, 577:5
forget [1] - 526:15
form [4] - 534:23,
571:1, 580:2, 602:21
formed [1] - 580:9
former [1] - 610:19
forms [1] - 580:7
formulated [1] 609:4
Case Name/number
FORSCOM [1] 572:17

forty [1] - 587:12
forty-five [1] - 587:12
forward [3] - 522:22,
585:21, 595:23
Foundation [1] 606:9
founder [1] - 545:3
founding [1] 549:19
four [5] - 561:17,
561:20, 576:6, 578:8,
594:14
fourth [1] - 578:19
Francisco [5] 543:11, 543:18,
543:19, 544:20,
573:20
Frank [2] - 573:2,
574:24
Frank's [1] - 572:7
FREEBORNE [16] 517:19, 518:19,
521:1, 521:7, 522:9,
524:9, 525:12, 526:8,
526:12, 527:16,
527:21, 531:11,
532:23, 533:6,
534:12, 535:23
Freeborne [3] 515:13, 534:10,
534:14
frequency [1] - 599:8
friend [1] - 529:25
friends [2] - 529:23,
532:7
front [4] - 529:4,
573:14, 586:19,
597:10
full [1] - 537:4
fully [1] - 563:3
fund [1] - 547:16
fund-raising [1] 547:16
future [2] - 524:12,
529:15
G
Gaety [1] - 609:10
game [1] - 523:11
GAO [1] - 610:3
Gardner [3] - 515:14,
516:8, 570:11
GARDNER [17] 553:18, 554:8,
570:12, 576:18,
577:7, 577:15, 579:7,
date
579:20, 580:15,
581:9, 586:10,
592:19, 593:7,
593:11, 596:5,
598:22, 599:19
gay [58] - 528:12,
528:16, 530:14,
531:24, 532:2, 532:8,
533:18, 542:7,
552:23, 560:8,
563:17, 571:4, 571:6,
571:15, 573:13,
574:2, 574:16,
574:23, 575:7,
575:11, 575:17,
576:3, 576:10, 577:5,
578:10, 578:17,
578:20, 578:23,
579:18, 581:16,
582:1, 582:5, 582:24,
583:21, 584:7,
584:10, 584:12,
584:19, 584:23,
585:9, 585:22,
586:15, 586:17,
587:5, 587:14, 588:8,
591:1, 592:6, 592:24,
593:3, 595:20, 596:1,
596:22, 596:24,
597:22, 598:9,
599:18, 602:5
Gay [8] - 556:14,
557:20, 558:8,
558:11, 562:4,
562:10, 563:10,
563:22
gayness [1] - 609:13
Gays [3] - 556:22,
557:2, 567:2
gays [94] - 541:20,
542:1, 542:12,
542:14, 542:20,
542:25, 550:5,
550:23, 551:3,
551:23, 551:25,
552:2, 560:20,
562:18, 562:25,
563:2, 563:6, 567:9,
567:10, 568:9,
570:21, 571:1,
571:11, 571:24,
572:3, 572:9, 572:18,
572:22, 573:11,
574:10, 574:12,
574:24, 575:4, 575:6,
579:14, 579:25,
580:7, 580:8, 581:5,
582:25, 585:10,
585:13, 585:16,
589:9, 589:12,
589:22, 589:24,
589:25, 590:5, 590:8,
590:13, 590:16,
590:20, 591:2,
591:13, 592:3,
592:12, 592:17,
593:21, 594:8,
594:11, 594:16,
594:22, 595:7,
595:12, 596:3,
596:25, 599:13,
600:6, 600:11,
600:12, 601:9,
601:12, 601:14,
601:20, 601:24,
602:20, 603:20,
604:19, 604:23,
605:9, 605:16,
605:25, 606:13,
606:19, 607:25,
608:5, 608:13,
608:14, 609:13,
609:16, 609:24,
610:9, 610:15
gears [1] - 604:4
general [9] - 544:14,
550:17, 575:2, 575:3,
578:19, 585:12,
594:23, 598:1
General [5] - 536:9,
574:25, 585:6,
585:12, 585:17
generally [7] 542:22, 550:2,
558:14, 558:25,
560:2, 562:20, 598:2
generals [3] - 575:1,
579:13, 608:24
Genius [2] - 606:1,
606:8
Geoffrey [1] - 576:11
GERRI [1] - 607:16
Gerry [1] - 607:16
girls [1] - 529:16
given [5] - 517:25,
532:17, 559:14,
569:18, 581:22
Global [1] - 518:7
goal [2] - 545:23,
552:5
God [1] - 537:1
Goddaughter [1] 583:16
governed [1] - 546:7
government [5] 542:16, 542:17,
546:21, 561:8, 570:13
Government [6] 604:14, 604:18,
605:22, 606:13,
607:12, 610:3
grad [1] - 540:13
graduate [5] 537:22, 538:16,
538:21, 540:8, 543:25
graduated [2] 537:25, 539:10
graduation [1] 538:22
Grant [3] - 515:20,
606:1, 606:8
grant [1] - 606:9
granted [4] - 523:21,
529:10, 530:7, 545:10
Great [1] - 594:15
great [5] - 545:16,
546:20, 595:15,
595:25, 606:2
Greg [1] - 609:10
ground [1] - 595:9
grounded [1] 545:18
group [4] - 523:6,
529:9, 565:9, 585:24
groups [3] - 542:16,
569:16, 595:6
guaranteed [1] 519:11
guess [1] - 595:2
Gulf [7] - 573:6,
573:8, 573:17,
573:24, 574:3,
574:18, 574:21
H
half [1] - 579:5
hand [1] - 536:22
handful [1] - 535:1
handler [1] - 517:15
handling [4] 519:16, 522:2,
522:14, 536:5
hands [1] - 534:23
happy [1] - 534:6
harassment [10] 522:3, 522:4, 532:22,
533:2, 534:17,
534:19, 534:23,
535:5, 535:9, 535:20
hard [3] - 521:19,
556:1, 604:18
harm [3] - 584:25,
602:6, 608:1
harm's [1] - 518:12
harmed [1] - 574:3
Harris [1] - 609:10
Harvard [1] - 568:3
haze [1] - 533:18
hazing [6] - 534:17,

534:19, 534:23,
535:5, 535:8, 535:20
hazings [1] - 536:4
head [1] - 607:6
hear [1] - 604:21
hearsay [3] - 524:9,
525:12, 527:21
heart [1] - 568:24
held [1] - 554:20
help [6] - 528:2,
536:25, 540:12,
542:6, 548:4, 582:14
helped [3] - 538:4,
572:4, 572:11
helpful [1] - 556:4
Herbert [1] - 567:3
hesitation [1] 521:18
heterosexual [4] 567:13, 575:6,
585:15, 586:4
heterosexuality [1] 585:25
heterosexuals [4] 603:6, 603:9, 603:13,
603:17
high [3] - 582:2,
586:16, 587:9
highly [1] - 530:18
himself [1] - 523:25
hire [1] - 546:9
historical [2] 540:21, 546:12
history [2] - 542:20,
574:10
hog [1] - 520:1
hog-tied [1] - 520:1
hold [3] - 544:21,
547:5, 555:25
Homosexual [2] 562:3, 592:9
homosexual [2] 573:24, 597:22
Homosexuality [2] 556:24, 562:9
homosexuality [4] 594:4, 595:13,
597:19, 598:19
homosexuals [6] 590:22, 593:17,
603:6, 603:9, 603:13,
603:17
honestly [1] - 571:5
Honor [49] - 517:4,
517:19, 519:1, 521:1,
524:9, 524:15,
525:16, 526:12,
526:19, 527:15,
527:16, 527:21,
Case Name/number
531:9, 531:11,
531:14, 532:23,
533:6, 533:10, 536:1,
536:11, 536:14,
536:17, 537:2, 537:9,
553:12, 553:18,
554:1, 554:8, 554:23,
555:20, 570:7,
570:18, 576:18,
577:2, 577:8, 577:15,
577:23, 578:6,
579:23, 580:4,
580:12, 580:15,
580:18, 581:10,
592:19, 592:23,
593:2, 599:19, 605:11
honor [2] - 525:8,
526:5
honorably [1] 523:11
hosted [1] - 530:2
hour [2] - 520:12,
554:17
HPAT [2] - 592:9,
593:4
huge [2] - 541:8,
609:20
humiliation [1] 532:5
hundred [1] - 598:6
hundreds [1] - 566:1
Hunter [2] - 544:4,
544:7
hyperglorified [1] 543:5
hypothetical [1] 559:7
I
I.U.S [1] - 565:25
Idea [1] - 556:25
idea [6] - 542:17,
545:18, 559:4, 565:3,
571:1, 602:20
identification [6] 553:4, 583:3, 589:8,
589:21, 590:4, 590:12
identified [5] 560:18, 561:4,
572:17, 577:9, 577:16
identify [2] - 565:8,
588:25
identifying [1] 588:18
II [4] - 574:11,
574:18, 574:19, 583:4
III [1] - 553:2
imagined [1] - 532:5
date
imbedded [1] 582:19

immediate [1] 524:25
immune [1] - 535:1
impact [29] - 560:9,
563:8, 564:25,
565:13, 570:20,
571:11, 571:18,
574:6, 582:2, 584:25,
588:5, 588:9, 589:12,
589:14, 589:25,
590:2, 590:8, 590:10,
590:16, 590:18,
594:20, 600:5,
600:10, 600:12,
600:14, 600:18,
601:7, 601:20, 610:21
impacted [1] 599:18
impacts [1] - 594:16
implausible [1] 559:20
implementing [1] 610:24
implications [1] 564:3
implies [1] - 559:17
importance [1] 542:6
important [5] 542:9, 549:4, 549:15,
552:19, 595:5
imposing [1] - 595:9
improper [1] 599:20
improve [2] - 587:22,
609:13
inability [2] - 532:19,
533:2
incidence [1] 572:22
incident [3] - 521:5,
521:9, 521:11
include [4] - 562:13,
569:7, 569:9, 570:6
included [5] 574:25, 581:15,
581:19, 610:18,
610:19
including [4] - 569:5,
593:3, 595:19, 610:20
incoherent [1] 604:13
increase [4] 574:16, 586:4, 602:8,
602:9
incredibly [1] 592:16
Indra [1] - 547:23
inference [3] 559:22, 600:17

infinitesimal [1] 604:3
influence [1] - 529:3
influenced [1] 545:16
inform [2] - 525:21,
545:25
information [1] 546:18
informed [2] - 523:6,
525:18
initial [3] - 553:20,
553:25, 554:3
inquire [1] - 537:8
inquiry [4] - 520:4,
544:13, 544:14,
579:22
Inspector [1] - 536:9
Institute [3] - 552:20,
608:25, 609:8
institute [2] - 546:6,
591:23
institutions [2] 571:19, 588:10
instructed [2] 525:17, 606:25
instructive [3] 591:1, 591:6, 591:7
integrated [3] 563:3, 577:5, 579:25
integrating [1] 579:14
integration [3] 541:24, 543:1, 595:6
Integration [1] 563:10
intended [2] 553:22, 608:23
intentionally [1] 582:19
interested [2] 565:1, 581:24
interesting [2] 574:13, 603:24
interfere [1] - 518:20
internal [1] - 567:25
International [9] 556:20, 562:6,
565:25, 567:3,
567:15, 568:1, 582:8,
582:10, 582:12
international [14] 537:21, 537:23,
540:6, 540:7, 541:5,
541:18, 562:7,
567:18, 567:20,
567:21, 567:25,
568:6, 599:7
interrupt [1] - 564:15

interview [3] 560:24, 561:3, 588:19
interviewed [2] 560:22, 598:7
introduced [1] 572:17
introductions [1] 558:23
intrusive [1] - 523:3
investigate [1] 544:15
investigation [8] 519:17, 519:20,
520:21, 520:25,
532:2, 532:4, 532:9,
536:9
investigator [5] 519:23, 520:11,
520:12, 520:16,
520:18
invited [3] - 530:2,
547:11
invoke [1] - 540:25
involved [4] 546:22, 550:15,
550:16, 550:17
involvement [1] 549:21
involves [1] - 579:12
involving [1] 519:17
Iran [1] - 594:12
Iraq [2] - 574:25,
575:7
Israel [17] - 556:24,
560:7, 561:10, 562:1,
562:8, 562:9, 589:22,
589:24, 590:1,
593:24, 593:25,
594:1, 594:3, 594:15,
595:17, 598:8, 598:13
Israeli [1] - 588:14
issue [10] - 551:20,
552:23, 568:9,
575:21, 578:18,
579:23, 591:15,
610:12, 610:14
issued [1] - 594:25
issues [8] - 548:7,
563:17, 569:19,
570:3, 570:4, 570:6,
591:18
itself [7] - 586:1,
586:13, 591:4,
591:18, 591:21,
591:24, 599:20
itself' [1] - 599:22
IV [2] - 589:2, 589:6
J
Jason [1] - 562:5
JFK [1] - 568:3
job [2] - 552:11,
552:12
jobs [2] - 589:18,
609:25
joined [2] - 551:23,
582:24
joining [2] - 518:18,
519:2
joint [1] - 553:19
JOSEPH [1] - 516:7
Joshua [1] - 515:14
journal [17] - 552:19,
552:21, 552:22,
555:15, 557:17,
562:7, 562:11,
563:16, 565:21,
565:23, 565:24,
566:3, 567:15, 568:1,
568:2, 568:4, 568:5
Journal [5] - 557:18,
561:18, 562:6, 573:5,
573:25
journalists [1] 560:22
journals [8] - 547:1,
552:17, 555:12,
556:9, 557:11,
557:12, 557:13,
561:15
July [2] - 517:1,
543:16
JUSTICE [1] - 515:12
JX-142 [1] - 535:17
K
Kahn [1] - 515:6
keep [2] - 541:13,
561:2
keeping [1] - 575:13
kennel [7] - 520:3,
521:15, 521:22,
521:25, 522:1,
532:12, 533:4
kept [1] - 519:11
kicked [1] - 528:16
kind [9] - 542:21,
543:5, 545:20, 550:8,
556:18, 563:18,
565:4, 595:4, 595:5
knowing [5] - 523:1,
583:20, 584:10,
584:11, 584:18
knowingly [1] -
Case Name/number
603:9
Knowledge [1] 565:7
knowledge [4] 552:23, 563:17,
570:2, 605:20
known [5] - 572:9,
581:5, 582:1, 585:10,
601:19
Korea [2] - 574:18,
574:19
Korea-Vietnam [1] 574:18
Korea-Vietnam/
World [1] - 574:19
L
labeled [1] - 556:13
lack [2] - 548:13,
559:12
laid [1] - 559:19
largely [1] - 598:15
last [7] - 518:25,
526:15, 530:19,
534:13, 543:23,
547:2, 576:19
lastly [2] - 535:19,
602:12
late [1] - 583:16
latter [1] - 575:14
launch [1] - 568:16
Laura [1] - 583:18
law [9] - 548:12,
575:12, 575:13,
596:20, 596:22,
596:23, 597:4, 597:5,
597:20
lawful [1] - 520:14
lawyers [2] - 530:11,
551:11
leader [2] - 523:18,
544:16
leader's [1] - 544:17
leaders [3] - 539:5,
539:7, 568:15
leadership [5] 525:24, 525:25,
526:1, 530:10, 581:21
leading [1] - 551:4
learned [1] - 591:25
least [3] - 533:12,
584:15, 610:24
leave [6] - 543:10,
543:11, 543:15,
551:24
leaves [1] - 529:4
lecture [1] - 544:1
lectures [2] - 547:5,
date
547:11
left [8] - 520:2,
522:1, 523:2, 529:10,
529:11, 536:8,
538:12, 538:15
legal [2] - 548:12
lesbian [27] - 571:4,
571:6, 571:16,
573:13, 574:3,
574:23, 575:17,
576:3, 578:23,
579:18, 581:16,
584:19, 584:23,
585:9, 585:22,
586:15, 586:17,
587:6, 587:14, 588:8,
591:1, 592:25, 593:3,
596:1, 596:24,
599:18, 602:5
Lesbian [1] - 563:10
Lesbians [3] 556:22, 557:2, 567:2
lesbians [73] - 542:2,
550:5, 550:23, 552:2,
562:18, 563:1, 563:2,
563:7, 567:9, 567:10,
568:9, 570:21,
571:12, 571:25,
572:3, 572:9, 572:18,
572:22, 573:11,
574:10, 574:12,
574:24, 579:14,
579:25, 580:7, 580:8,
585:10, 585:13,
589:9, 589:12,
589:22, 589:24,
590:1, 590:5, 590:8,
590:13, 590:16,
590:20, 591:3,
591:14, 592:4,
592:12, 594:8,
594:11, 594:16,
594:22, 595:7,
595:12, 596:3, 597:1,
599:13, 600:6,
600:11, 600:12,
601:9, 601:12,
601:14, 601:20,
601:24, 603:20,
604:23, 605:10,
605:16, 606:14,
606:19, 607:25,
608:6, 608:13,
608:14, 609:16,
609:24, 610:9, 610:15
less [5] - 547:8,
559:10, 594:4, 598:1,
598:10
lessons [1] - 591:25
letter [1] - 531:17
10
level [3] - 540:9,

581:4, 581:18
liberal [1] - 562:24
lieutenant [1] 527:12
Lieutenant [7] 523:19, 523:23,
523:25, 525:2, 525:5,
528:5, 528:11
life [1] - 519:10
lift [1] - 600:18
lifted [6] - 563:2,
590:25, 592:6,
592:12, 592:17,
593:22
lifting [5] - 560:8,
594:17, 595:13,
595:14, 595:18
Lifting [2] - 562:4,
562:10
light [2] - 545:19,
546:13
likelihood [1] - 582:2
likely [4] - 565:2,
565:5, 568:23, 568:24
limine [2] - 553:24,
570:14
limited [3] - 524:11,
525:14, 601:18
limits [1] - 583:8
line [1] - 579:21
lines [1] - 573:14
list [4] - 553:19,
555:19, 577:20,
594:13
listed [2] - 558:5,
577:19
listen [1] - 547:12
LISTSERV [2] 548:24
LISTSERVs [1] 548:21
literature [7] - 541:8,
561:6, 570:5, 572:4,
572:10, 588:22, 601:1
Litigation [2] 515:19, 515:20
live [1] - 599:9
lived [1] - 528:24
living [1] - 585:19
locate [1] - 548:18
logic [1] - 566:18
Logical [1] - 559:1
logical [7] - 550:8,
559:14, 566:16,
566:21, 571:21,
602:13, 603:2
logically [3] 559:12, 566:19,
604:13
long-term [1] - 523:1

look [13] - 553:1,
553:19, 555:16,
555:17, 566:22,
571:15, 571:19,
571:21, 586:13,
586:22, 587:11,
596:20, 597:8
looked [6] - 524:17,
565:8, 574:10, 609:1,
609:11, 610:21
looking [10] 522:19, 522:22,
528:6, 561:24, 575:4,
600:10, 600:12,
600:14, 600:16
Los [1] - 515:8
lose [1] - 520:9
loss [2] - 610:1,
610:7
lost [1] - 557:14
low [4] - 581:18,
582:2, 595:23, 603:20
lower [1] - 584:7
lunch [3] - 554:17,
554:20, 564:17
Lusero [1] - 547:23
M
MacArthur [3] 606:1, 606:8, 606:9
macroeconomic [2]
- 541:9, 541:10
mail [2] - 529:1,
530:1
main [1] - 541:5
maintain [1] - 585:24
major [1] - 532:17
Major [1] - 515:20
majority [1] - 603:19
male [4] - 542:8,
565:10, 592:11,
593:20
manage [1] - 546:8
Marine [3] - 517:18,
517:24, 575:3
Marksmanship [1] 519:4
marshal [1] - 520:13
Massachusetts [1] 515:15
master [1] - 526:22
master's [3] 538:18, 538:21,
538:22
master-at-arms [1] 526:22
materials [1] - 568:8
math [1] - 528:2

mathematical [1] 568:20
matter [4] - 523:8,
524:13, 554:2, 577:25
McNichol [1] - 562:5
mean [21] - 519:6,
519:8, 519:13,
531:22, 542:7, 543:3,
547:15, 551:19,
552:12, 552:14,
560:6, 582:18,
587:24, 591:19,
596:20, 598:12,
606:22, 607:4, 608:4,
608:25, 609:22
means [4] - 542:15,
543:6, 565:9, 565:25
meant [3] - 526:5,
560:18, 602:15
Medal [6] - 517:18,
517:24, 518:8,
518:15, 518:17, 519:7
medal [1] - 519:2
media [3] - 546:19,
609:21, 609:23
medical [1] - 532:11
meet [1] - 525:5
meeting [1] - 525:4
meetings [1] - 547:6
Melissa [1] - 567:3
member [2] - 536:4,
547:3
members [14] 522:3, 529:6, 529:20,
546:19, 546:21,
575:17, 576:2, 576:3,
578:9, 578:23,
579:18, 584:23,
585:18, 599:4
memo [1] - 607:10
memorandum [2] 607:7, 607:13
memory [2] - 555:16,
586:14
memos [2] - 607:4,
607:5
men [2] - 524:16,
528:5
mentioned [11] 517:8, 544:2, 546:2,
559:25, 561:18,
571:23, 573:2, 574:7,
582:7, 586:6, 609:12
mentions [1] - 593:4
met [1] - 534:13
method [3] - 548:16,
571:23, 588:16
Methodological [1] 559:2
Case Name/number
methodologies [2] 588:17, 588:20

methodology [17] 540:8, 540:10,
540:22, 540:23,
540:25, 548:6,
548:11, 548:13,
548:14, 548:15,
559:4, 559:22,
560:16, 561:1, 589:1,
600:22, 604:20
methods [6] 540:18, 540:20,
540:21, 540:24,
544:9, 548:10
microeconomic [1] 541:12
mid-70s [1] - 603:20
mid-to-late-'80s [1] 606:7
Middle [1] - 523:12
midshipman [1] 523:12
might [6] - 529:3,
549:8, 550:11, 565:5,
602:8, 609:13
militaries [36] 539:6, 539:7, 550:6,
560:1, 560:3, 560:7,
560:9, 561:10, 562:1,
563:6, 571:20,
575:18, 575:24,
576:3, 578:10,
578:24, 584:24,
588:10, 588:21,
590:25, 591:9,
591:24, 591:25,
592:24, 594:7,
594:14, 594:19,
594:22, 594:24,
595:11, 596:13,
598:12, 599:17,
600:6, 602:3, 609:11
militarism [2] 541:23, 542:23
militarization [2] 543:3, 543:6
Military [9] - 545:13,
547:4, 557:2, 557:20,
558:8, 558:11, 562:5,
562:10, 567:3
military [138] - 520:9,
526:21, 527:25,
532:1, 533:24, 534:5,
541:16, 541:17,
541:20, 541:21,
541:24, 542:2,
542:12, 542:14,
542:21, 542:25,
543:2, 543:4, 546:20,
date
546:21, 546:23,
546:24, 547:1, 547:7,
547:8, 547:11,
550:23, 551:4,
551:23, 551:24,
552:16, 557:11,
557:12, 557:13,
560:10, 560:20,
562:11, 564:24,
564:25, 565:2, 565:4,
565:9, 565:13,
565:23, 566:2,
567:11, 567:22,
568:6, 568:10,
568:15, 569:2, 569:4,
569:5, 569:7, 569:12,
570:10, 570:21,
571:3, 571:12,
571:25, 572:23,
573:7, 573:23,
574:15, 574:22,
575:4, 576:2, 576:9,
578:9, 579:13,
579:19, 582:24,
583:14, 584:23,
584:25, 585:18,
588:9, 588:14,
589:10, 589:11,
589:13, 590:1, 590:6,
590:7, 590:9, 590:14,
590:15, 590:17,
590:21, 591:2, 591:5,
591:15, 591:17,
591:21, 591:24,
592:1, 592:2, 592:5,
592:7, 593:1, 593:15,
593:17, 593:19,
593:24, 593:25,
594:2, 594:5, 594:23,
595:10, 596:3,
596:19, 597:19,
598:14, 598:19,
600:24, 602:6, 604:6,
604:19, 604:24,
605:10, 606:1, 606:3,
606:12, 606:14,
606:17, 607:2,
607:14, 607:18,
608:1, 609:17,
609:21, 609:22,
610:10, 610:15,
610:19
military's [1] - 574:4
Military's [2] 556:15, 563:22
Miller [6] - 515:5,
581:13, 581:24,
583:12, 583:13,
583:18
Miller/Moradi [6] 572:5, 572:11,
11
580:24, 580:25,
581:2, 581:10
million [2] - 610:6,
610:25
mind [5] - 524:21,
524:24, 524:25,
526:6, 550:11
ministry [2] - 560:20,
596:15
Ministry [1] - 592:8
Minorities [1] 545:12
minorities [3] 541:24, 570:10, 595:6
minority [1] - 595:6
minute [2] - 543:23,
555:25
mirror [2] - 526:2,
526:16
mirrored [1] - 526:25
mischaracterizes [1]
- 586:10
Missile [2] - 538:9,
538:10
missing [3] - 557:15,
557:16, 600:15
mission [3] - 552:5,
552:14, 610:4
misstates [1] - 581:9
mistake [1] - 524:18
mistaken [6] 518:13, 554:25,
560:21, 576:14,
578:16, 607:17
mocked [1] - 521:21
Modest [2] - 556:20,
567:1
moment [3] - 519:10,
564:16, 589:4
moments [1] 583:24
money [4] - 546:23,
609:21, 610:10,
610:15
monitoring [1] 599:12
Monterey [1] 606:17
month [3] - 542:4,
542:10, 579:5
months [1] - 542:12
Moradi [4] - 581:13,
581:24, 583:12,
583:18
morale [5] - 552:2,
560:9, 589:15,
589:16, 608:15
morning [3] 534:13, 534:15,
537:15
Moskos [1] - 583:16

most [9] - 519:10,
522:18, 540:8,
547:21, 548:16,
551:17, 559:7, 565:5,
603:18
mostly [4] - 532:7,
565:10
motion [2] - 553:24,
570:13
motioned [1] 521:17
Motivation [1] 566:5
move [6] - 531:9,
553:12, 554:15,
570:7, 576:18, 592:19
moving [1] - 520:8
MR [33] - 517:19,
518:19, 521:1, 521:7,
522:9, 524:9, 525:12,
526:8, 526:12,
527:16, 527:21,
531:11, 532:23,
533:6, 534:12,
535:23, 536:17,
553:18, 554:8,
570:12, 576:18,
577:7, 577:15, 579:7,
579:20, 581:9,
586:10, 592:19,
593:7, 593:11, 596:5,
598:22, 599:19
MS [60] - 517:4,
517:6, 517:22, 519:3,
521:4, 521:10,
522:11, 524:20,
525:20, 526:10,
527:9, 527:14, 528:9,
531:9, 531:14,
531:16, 533:1,
533:16, 534:7, 536:1,
536:3, 536:11, 537:9,
537:14, 539:23,
553:12, 553:16,
554:1, 554:6, 554:12,
554:23, 555:6,
555:20, 555:24,
556:6, 565:15, 570:7,
570:18, 570:19,
577:2, 577:23, 578:6,
578:7, 579:16,
579:23, 580:4,
580:12, 580:18,
580:21, 581:12,
586:18, 587:2,
587:10, 592:23,
593:14, 596:10,
598:24, 599:24,
605:11, 605:14
multinational [3] 576:8, 577:5, 579:25

must [5] - 566:23,
567:9, 567:10,
567:11, 599:9
MYERS [22] - 517:4,
517:6, 517:22, 519:3,
521:4, 521:10,
522:11, 524:20,
525:20, 526:10,
527:9, 527:14, 528:9,
531:9, 531:14,
531:16, 533:1,
533:16, 534:7, 536:1,
536:3, 536:11
Myers [2] - 515:6,
516:8
N
name [5] - 534:14,
537:4, 545:7, 545:11
named [1] - 548:3
names [1] - 561:3
narrower [2] - 607:1,
607:3
Nathaniel [3] - 572:7,
573:2, 574:24
nation [2] - 599:4,
599:6
nation.. [1] - 599:2
National [3] - 518:14,
518:17, 547:9
national [1] - 569:6
nations [2] - 597:18,
598:18
NATO [1] - 576:8
naval [1] - 552:19
Naval [18] - 519:8,
519:11, 519:14,
520:8, 522:7, 522:12,
522:17, 522:23,
523:3, 523:4, 526:24,
528:16, 529:25,
530:11, 530:12,
547:9, 552:19, 610:20
Navy [7] - 517:18,
517:23, 519:4,
527:12, 533:21,
535:21, 605:9
near [1] - 606:17
necessarily [1] 591:19
necessary [1] 571:2
need [5] - 526:7,
528:2, 577:10,
577:18, 577:20
needed [7] - 523:24,
Case Name/number
524:2, 525:24,
526:11, 527:13,
527:24
needs [1] - 546:18
Neff [1] - 548:4
negative [7] 571:17, 574:6,
589:14, 594:16,
594:20, 601:7, 601:19
neglected [1] 561:22
Networks [1] - 565:8
never [4] - 522:6,
548:14, 551:23,
552:23
new [4] - 566:15,
571:8, 571:9, 595:9
New [4] - 543:11,
544:2, 544:3, 544:4
newspaper [1] 561:8
next [12] - 528:10,
530:4, 536:15,
536:18, 543:24,
553:2, 556:17, 557:4,
587:13, 590:3,
590:11, 598:25
none [1] - 532:8
nonevent [1] 589:14
nonprofit [2] 547:18, 560:21
noon [1] - 554:16
normal [2] - 542:17,
542:18
noted [2] - 518:24,
555:3
nothing [6] - 522:20,
531:21, 534:1,
536:25, 600:15, 609:5
notice [1] - 548:23
nuclear [1] - 538:10
number [12] - 550:4,
550:5, 551:21,
558:19, 571:13,
573:24, 573:25,
574:16, 583:2,
591:12, 595:23,
610:25
Number [1] - 553:24
numbers [1] - 604:5
numerous [1] 551:10
NW [1] - 515:15
O
objected [1] - 553:24
objection [47] -
date
517:19, 517:21,
518:19, 518:21,
518:24, 521:1, 521:7,
521:8, 522:9, 524:9,
524:10, 525:12,
525:13, 526:8,
526:12, 526:13,
527:15, 527:16,
527:18, 527:21,
527:22, 531:11,
531:12, 532:23,
533:6, 553:17, 554:7,
554:9, 577:11,
577:12, 578:1, 579:7,
579:10, 579:20,
580:20, 581:9,
586:10, 586:12,
592:19, 593:7, 596:5,
596:6, 598:22,
598:23, 599:19,
599:23
objections [2] 533:8, 570:15
objects [1] - 570:13
obscured [1] - 587:8
obtain [4] - 537:20,
538:17, 538:24, 540:1
obtained [1] - 539:17
obtaining [1] - 606:2
occasions [1] 551:10
occur [1] - 591:2
OF [1] - 515:12
offer [1] - 528:7
offering [1] - 554:4
Office [1] - 610:3
office [4] - 521:23,
521:24, 525:22
Officer [2] - 519:18,
575:9
officer [10] - 520:14,
521:18, 522:23,
523:1, 523:5, 523:13,
526:20, 526:21,
526:22, 527:1
officers [2] - 550:17,
568:15
Officers [2] - 585:6,
585:12
Officers' [2] 574:25, 585:17
official [11] - 526:2,
526:17, 526:23,
526:25, 545:8, 546:3,
546:5, 552:22,
565:24, 607:9, 607:10
Official [2] - 557:17,
561:18
officials [2] - 560:21,
596:15
12
oil [1] - 540:15

Old [2] - 566:5, 566:6
omitted [1] - 557:16
once [5] - 529:7,
530:4, 573:12,
574:15, 582:20
one [43] - 519:25,
520:1, 526:14,
526:25, 528:16,
529:16, 541:4,
542:21, 543:9,
543:11, 547:2,
547:11, 551:19,
552:20, 552:24,
553:23, 555:25,
557:10, 562:18,
565:22, 569:20,
569:21, 571:15,
572:14, 575:3, 576:6,
576:16, 578:18,
582:21, 585:19,
585:20, 588:7,
588:17, 591:10,
591:11, 596:17,
602:19, 603:4,
603:22, 605:22, 609:2
one-star [1] - 575:3
ones [2] - 566:13,
598:12
oOo [1] - 517:2
open [15] - 550:22,
551:14, 571:11,
574:2, 574:23,
584:25, 588:8,
592:13, 594:7,
594:10, 597:18,
598:18, 599:18,
607:25, 609:13
Open [1] - 563:10
open-ended [1] 592:13
openly [43] - 551:3,
551:24, 552:1, 563:7,
570:21, 571:17,
572:9, 575:8, 576:9,
577:5, 578:10,
578:23, 580:8, 582:5,
589:12, 590:1, 590:8,
590:16, 590:20,
590:22, 591:3,
592:25, 594:16,
594:22, 596:4,
596:22, 597:21,
598:9, 599:13, 600:7,
600:11, 600:13,
601:9, 601:13,
601:14, 601:20,
601:25, 602:5, 608:6,
608:13, 609:16,
610:9, 610:16
openness [1] 572:13

operating [1] - 599:8
operation [1] - 576:9
opinion [14] 532:20, 560:20,
570:16, 578:3, 580:2,
580:7, 584:24,
587:20, 594:19,
596:1, 599:15, 601:3,
602:4, 604:11
opinions [1] - 580:10
opportunity [1] 527:24
oppose [3] - 551:1,
551:2, 551:3
opposite [1] - 574:17
order [7] - 520:14,
539:8, 585:24,
591:19, 591:20,
594:25, 595:1
ordered [5] - 517:13,
521:15, 531:13,
554:10, 555:4
orders [1] - 594:24
organization [1] 610:6
organizational [4] 563:8, 601:8, 602:24,
603:10
organizations [7] 544:22, 562:17,
569:12, 569:15,
588:11, 600:19, 602:4
organized [1] 558:17
orientation [12] 520:16, 529:18,
529:21, 529:24,
530:6, 530:22,
533:20, 536:6,
562:17, 567:11,
596:2, 601:4
original [2] - 564:7,
566:15
originated [1] 519:20
Osburn [2] - 572:8,
573:4
otherwise [1] 567:12
outcomes [1] - 563:9
outness [13] - 581:4,
581:7, 581:14, 583:6,
584:1, 584:3, 585:11,
586:6, 586:7, 586:8,
586:23, 596:9, 596:16
outprocessing [1] 531:25
outs [1] - 596:8
outside [3] - 521:22,

536:19, 577:12
overlap [2] - 542:25,
544:13
overruled [15] 517:21, 524:10,
525:13, 527:18,
527:22, 531:12,
533:8, 554:9, 570:15,
577:11, 578:1,
586:12, 596:6,
598:23, 599:23
overseas [2] 527:25, 599:7
overtones [1] - 522:4
own [10] - 539:6,
539:7, 539:9, 548:14,
564:6, 564:9, 570:4,
572:5, 584:23, 593:19
P
page [11] - 548:4,
553:23, 556:3,
556:20, 556:22,
557:4, 577:22, 587:3,
587:13, 597:10
Page [16] - 516:2,
553:7, 553:8, 556:13,
562:3, 577:3, 577:8,
577:24, 587:4,
592:24, 593:4, 593:5,
597:7
Pages [2] - 553:15,
553:16
pages [7] - 553:21,
554:10, 554:25,
555:1, 555:5, 556:1,
564:4
Pakistan [1] - 594:12
Palm [30] - 544:23,
544:25, 545:3, 545:5,
545:11, 545:14,
545:23, 546:4,
546:11, 546:17,
547:13, 547:19,
548:2, 548:7, 548:19,
549:2, 549:5, 549:18,
550:3, 550:21,
551:15, 552:5, 552:6,
552:16, 560:1,
561:17, 573:3, 574:9,
575:20
panel [2] - 610:17,
610:18
paper [1] - 548:22
papers [3] - 538:5,
538:7, 548:12
paraded [1] - 520:2
Case Name/number
paragraph [4] 587:11, 597:17,

599:1, 600:10
Parameters [5] 552:21, 557:17,
561:19, 561:21,
562:14
Parameters' [2] 557:14, 557:23
paramilitary [4] 562:17, 588:11,
600:19, 602:4
Parker [1] - 515:14
part [7] - 546:6,
555:19, 568:6, 580:2,
582:17, 609:2, 609:3
participants [1] 545:17
participate [1] 572:5
particular [10] 540:17, 546:14,
548:9, 548:15,
549:11, 560:19,
560:24, 564:14,
582:1, 594:23
particularly [1] 565:1
partners [1] - 595:24
parts [1] - 567:19
Patrick [1] - 515:20
pattern [1] - 573:11
Paul [2] - 534:14,
609:10
paul [1] - 515:13
pause [1] - 586:25
peace [1] - 567:22
peer [18] - 555:11,
555:14, 555:22,
556:9, 556:15,
556:18, 556:21,
556:23, 556:25,
557:3, 557:8, 561:15,
563:16, 565:24,
572:19, 586:15,
586:17, 596:22
peer-review [1] 561:15
peer-reviewed [7] 555:11, 555:14,
555:22, 556:9,
556:18, 563:16,
572:19
peers [5] - 529:5,
533:23, 571:6,
585:11, 585:15
pending [2] - 527:14,
536:24
Pentagon [2] 606:24, 607:9
date
people [39] - 523:6,

528:16, 529:23,
535:1, 541:11, 542:6,
547:24, 548:4, 548:5,
548:20, 551:1,
551:10, 560:18,
560:24, 564:23,
565:2, 565:3, 565:4,
565:9, 565:17, 572:9,
576:16, 582:1, 582:5,
582:24, 584:6, 585:9,
585:21, 586:3, 587:5,
591:12, 594:24,
602:23, 602:25,
604:7, 606:10, 609:4,
610:2, 610:5
people's [1] - 536:5
percent [11] 586:14, 587:15,
587:16, 587:17,
595:18, 596:21,
598:8, 603:25, 604:1,
604:2, 604:9
percentage [6] 551:22, 551:25,
552:1, 595:12, 596:1,
604:7
percentages [1] 586:23
perceptions [1] 564:3
perfect [1] - 598:5
perform [2] - 533:21,
571:9
Performance [3] 517:8, 562:5, 562:10
performance [12] 533:23, 550:24,
560:10, 563:8,
573:17, 574:4,
575:15, 589:15,
590:21, 601:8, 603:2,
608:2
performed [1] 533:22
perhaps [3] - 529:14,
530:7, 597:22
permanently [1] 522:16
permission [6] 520:5, 520:6, 523:18,
523:21, 529:10, 530:7
permitting [1] 599:13
PERSEREC [10] 606:15, 606:16,
606:17, 606:18,
606:24, 607:3, 607:6,
607:14, 607:17,
607:21
13
person [7] - 547:22,

583:21, 584:10,
584:12, 584:19,
585:9, 598:9
person's [1] - 583:21
personal [2] 547:13, 608:15
personality [2] 544:18, 585:21
personally [3] 533:13, 547:2, 550:3
personnel [2] 541:21, 546:8
Personnel [2] 562:4, 563:11
Perspectives [1] 559:2
Petty [1] - 519:17
petty [1] - 521:18
Ph.D [3] - 538:18,
538:24, 539:10
phenomena [1] 544:15
phenomenon [3] 540:16, 542:19
phone [2] - 529:1,
530:1
piece [6] - 538:11,
561:21, 568:17,
568:20, 591:4, 610:8
pieces [1] - 552:20
Pink [1] - 563:9
place [5] - 532:21,
542:20, 596:20,
597:4, 597:5
placed [4] - 519:24,
528:22, 529:7, 530:4
Plaintiff [2] - 515:3,
516:3
PLAINTIFF [2] 516:6, 516:10
plaintiff [2] - 536:15,
537:11
plan [2] - 525:18,
538:4
plausibility [13] 546:14, 559:13,
559:16, 559:18,
567:7, 569:24, 570:1,
571:22, 584:14,
602:17, 604:12,
604:15, 604:21
plausible [5] 540:14, 540:19,
558:20, 559:20, 584:6
point [10] - 521:8,
529:9, 554:17, 556:4,
572:6, 591:10,
591:11, 591:12,
591:14, 595:25
Point [2] - 547:5,

610:20
Police [12] - 556:23,
562:19, 562:21,
563:5, 563:11,
563:14, 600:20,
600:23, 601:4, 601:6,
601:12
police [7] - 562:25,
563:1, 563:16,
571:20, 601:10,
601:13, 601:21
policies [1] - 546:9
Policy [2] - 562:4,
592:9
policy [25] - 528:20,
533:5, 533:13,
533:18, 533:25,
541:10, 541:12,
541:21, 542:16,
542:17, 545:21,
545:25, 546:10,
546:13, 546:15,
550:19, 565:17,
565:18, 588:5, 595:8,
597:20, 604:8, 610:24
political [22] 538:18, 538:19,
538:24, 539:25,
540:7, 540:16, 541:2,
541:4, 541:7, 541:11,
543:21, 544:9,
544:10, 544:12,
544:13, 544:15,
544:17, 544:18,
548:24, 567:20,
567:24, 570:8
politicians [1] 560:22
politics [1] - 543:24
Politics [1] - 559:1
poll [26] - 564:7,
564:10, 564:18,
564:22, 565:14,
581:15, 582:12,
582:14, 582:16,
582:17, 582:19,
582:21, 583:6,
583:10, 583:19,
586:6, 586:8, 586:11,
586:13, 586:20,
593:19, 598:8,
603:18, 604:5, 608:16
polling [6] - 564:5,
565:7, 580:23,
582:11, 594:1, 595:22
polls [1] - 596:13
portion [1] - 553:13
pose [2] - 605:17,
606:19
posed [1] - 605:10

position [3] - 539:14,
543:19, 544:20
positions [3] 544:21, 547:24, 548:1
positive [3] - 571:18,
584:11, 609:16
possibility [2] 519:13, 524:25
possible [4] 522:21, 524:2, 571:8,
586:3
post [1] - 548:20
Postgraduate [2] 547:10, 610:20
posttraumatic [2] 532:16, 532:18
potential [1] - 581:23
practices [1] 549:12
pre [1] - 594:2
pre-repeal [1] 594:2
predictors [1] 581:20
preeminent [1] 565:22
premature [1] 579:10
premised [1] 602:17
prep [2] - 528:14,
528:15
Preparatory [7] 519:9, 522:8, 522:12,
522:17, 523:3,
526:24, 529:25
prepare [1] - 539:2
prepared [2] 552:15, 553:5
presence [1] - 582:1
presentations [6] 569:2, 569:3, 569:10,
569:11, 569:17,
569:18
presided [1] - 575:6
press [1] - 609:22
pressed [1] - 522:17
prestigious [1] 606:11
pretend [1] - 586:3
pretense [1] - 585:25
pretty [1] - 594:13
previous [1] - 545:11
primary [1] - 517:14
printing [2] - 587:7,
587:15
prior-enlisted [1] 524:17
privacy [9] - 550:9,
Case Name/number
558:20, 567:2, 567:8,

567:12, 570:1, 583:1,
599:10
pro [1] - 558:18
problems [7] 576:16, 576:17,
578:12, 578:16,
585:13, 585:15
procedure [1] 530:5
proceed [1] - 528:18
Proceedings [1] 552:20
proceedings [3] 573:14, 573:16,
573:23
process [3] - 523:16,
549:16, 573:12
professional [1] 594:24
Professor [19] 536:18, 537:15,
555:7, 556:7, 558:1,
569:23, 570:8,
570:20, 574:20,
575:16, 580:22,
583:12, 583:16,
590:24, 593:15,
598:25, 599:15,
605:1, 607:24
professor [8] 539:13, 539:16,
539:18, 540:2, 543:8,
543:21, 544:4, 554:13
professors [1] 610:19
program [1] - 538:23
Programs [1] 515:13
prohibition [2] 562:25, 563:2
promote [1] - 563:7
promoted [1] 539:17
propensity [1] 568:16
proponents [1] 551:14
Proposal [2] 556:20, 567:1
proposals [1] 548:21
protect [1] - 539:8
protection [2] 530:19, 533:19
protege [1] - 583:15
proud [8] - 552:18,
563:15, 564:24,
565:3, 565:12,
565:18, 565:22
date
provide [4] - 521:5,

599:12, 603:14,
609:16
provided [1] - 568:20
provision [1] 599:21
Psychological [1] 559:2
psychological [3] 544:13, 544:14,
544:16
psychology [6] 540:7, 544:8, 544:9,
544:10, 544:12,
544:19
public [8] - 545:21,
545:25, 546:19,
548:5, 564:3, 564:13,
569:16, 597:23
publication [14] 555:18, 555:23,
556:17, 557:24,
563:15, 563:25,
566:4, 566:10,
566:12, 566:14,
566:15, 567:1, 567:6,
567:7
publications [14] 549:17, 549:21,
552:15, 555:8, 556:8,
556:9, 556:11, 557:4,
557:11, 561:25,
562:16, 563:20,
568:12, 577:19
publish [9] - 546:11,
550:25, 552:6,
554:11, 557:23,
558:12, 561:12,
563:9, 572:19
published [40] 547:1, 550:1, 550:10,
550:18, 550:21,
552:16, 552:20,
552:23, 552:24,
554:13, 555:7,
555:11, 555:14,
558:1, 558:2, 558:3,
558:4, 559:23, 561:7,
561:15, 561:16,
561:18, 561:21,
562:6, 562:13,
563:21, 565:20,
568:3, 568:8, 568:17,
568:20, 573:3,
573:25, 575:5,
588:24, 592:15,
607:4, 607:23
pulled [1] - 529:4
purpose [3] - 524:12,
525:14, 565:6
14
purposes [8] - 553:4,

554:1, 572:16, 583:3,
589:8, 589:21, 590:4,
590:12
push [1] - 592:17
pushed [2] - 521:22,
521:24
put [6] - 530:21,
549:7, 552:11,
555:18, 589:4, 608:22
putting [1] - 585:21
Q
quality [8] - 581:21,
582:6, 583:7, 584:1,
584:2, 584:3, 584:4
Quarterly [2] 563:12, 563:14
quarters [1] - 534:22
queer [2] - 542:5
questions [13] 534:8, 535:23, 536:1,
536:11, 549:5,
560:11, 581:15,
581:19, 581:22,
582:19, 582:23,
583:2, 592:13
quite [3] - 528:14,
585:14, 598:16
R
race [2] - 541:22,
542:23
Rachel [1] - 515:7
racial [2] - 541:24,
595:6
raise [1] - 536:22
raising [1] - 547:16
raked [1] - 529:3
ran [1] - 583:23
RAND [1] - 583:15
Randy [4] - 572:7,
573:4, 573:9, 573:18
range [1] - 591:18
rank [2] - 527:10,
539:17
rather [1] - 525:8
ratifying [1] - 595:8
rationale [29] 550:7, 550:9, 558:19,
558:20, 566:17,
566:19, 566:23,
566:24, 567:8,
569:24, 570:1,
570:25, 571:22,
574:14, 584:5,
584:15, 602:13,
602:16, 602:19,
603:3, 604:11,
604:12, 604:15,
604:21, 607:25,
608:25, 609:5
Rationale [1] - 567:2
rationales [2] 546:14, 552:7
raw [1] - 524:24
re [1] - 518:25
re-answer [1] 518:25
reach [2] - 546:24,
549:2
reaching [2] 546:20, 546:23
read [7] - 570:5,
572:4, 572:6, 572:10,
598:25, 600:2, 601:15
readiness [15] 560:9, 571:9, 581:6,
581:8, 581:14,
581:18, 581:20,
582:1, 584:8, 584:11,
584:19, 584:21,
589:16, 608:16
reading [3] - 517:7,
596:24, 597:7
realize [1] - 571:6
realized [2] - 522:23,
523:3
really [3] - 522:15,
523:24, 595:3
reason [7] - 523:24,
548:15, 574:13,
584:13, 591:17,
595:2, 595:3
reasons [2] - 570:12,
591:8
recalled [1] - 519:25
receive [6] - 518:3,
518:5, 518:7, 518:14,
519:4, 537:18
RECEIVED [1] 516:14
received [4] - 519:7,
531:15, 555:5, 583:10
recent [2] - 580:23,
603:18
recess [2] - 554:18,
554:20
recognition [1] 606:10
recognize [1] - 531:4
recommended [1] 520:18
reconstructed [1] 569:22
record [7] - 518:24,
537:5, 555:3, 560:19,
563:17, 569:22,
596:14
RECROSS [2] 516:6, 516:10
recruiters [1] 589:17
recruiting [2] 589:15, 589:16
REDIRECT [3] 516:6, 516:10, 536:2
redirect [1] - 535:25
redo [3] - 606:25,
607:3, 607:12
refer [2] - 577:22,
609:8
referenced [1] 608:18
referred [1] - 564:18
referring [7] - 521:9,
576:2, 582:7, 583:25,
586:20, 598:17, 609:9
reflect [2] - 522:13,
522:15
reflected [1] - 530:18
regard [6] - 554:24,
574:8, 592:3, 593:17,
593:23, 601:22
regarding [2] 583:19, 586:8
regression [1] 584:17
regulation [2] 572:17, 572:18
Reingelstein [5] 523:17, 523:22,
524:4, 524:7, 524:16
reinstigated [1] 573:16
rejoin [1] - 533:24
related [8] - 532:12,
533:4, 541:15,
546:16, 548:7,
549:17, 568:8, 569:19
relations [10] 537:21, 537:23,
540:7, 541:5, 541:18,
548:5, 566:2, 567:18,
567:22, 567:25
relationship [9] 528:3, 568:15,
572:12, 581:4, 582:5,
583:20, 584:9,
584:11, 584:18
relative [1] - 565:17
relatively [3] 564:23, 564:24, 584:7
released [1] - 549:18
relevance [2] 531:11, 554:8
relevant [1] - 599:12
Case Name/number
relied [1] - 576:20

relying [3] - 577:13,
577:17, 592:21
remain [2] - 567:11,
597:1
remember [6] 533:9, 540:3, 578:15,
578:19, 593:10, 607:9
remembered [1] 562:14
removed [1] - 528:21
renew [1] - 579:20
repeal [4] - 593:20,
594:2, 594:21, 595:24
repealed [1] - 588:2
repeat [1] - 599:25
report [38] - 521:15,
533:2, 533:14, 549:1,
553:5, 553:8, 553:13,
553:20, 553:21,
553:23, 553:25,
574:25, 575:5, 575:9,
576:20, 576:22,
577:1, 577:8, 577:10,
577:19, 577:21,
577:22, 578:22,
579:8, 592:21,
592:23, 593:4,
597:14, 606:2,
606:15, 606:16,
606:21, 606:23,
606:25, 607:3, 607:21
Report [7] - 605:2,
605:4, 605:7, 605:11,
605:15, 605:18,
605:22
reported [1] - 601:25
reporter [1] - 573:20
reports [9] - 549:3,
550:22, 552:15,
554:13, 555:7,
574:20, 584:10,
607:15, 607:18
representative [1] 562:23
representing [1] 575:1
reprisal [1] - 533:15
Reputation [2] 556:15, 563:22
request [1] - 520:6
requested [1] - 520:5
requires [1] - 599:4
research [53] 538:2, 538:11,
540:14, 546:5, 546:6,
547:16, 547:17,
548:6, 548:18,
548:21, 549:12,
549:16, 550:3, 550:4,
date
554:14, 555:8, 560:2,

560:6, 561:9, 561:11,
561:12, 562:20,
564:7, 566:13,
566:16, 570:4, 572:6,
572:15, 573:7,
573:10, 574:2, 576:5,
582:18, 584:22,
589:11, 590:7,
590:15, 591:23,
593:23, 593:24,
600:19, 601:11,
601:15, 601:16,
601:18, 602:3,
604:10, 606:6, 606:7,
607:11, 609:3
Research [2] 608:25, 609:8
researched [3] 559:25, 572:21,
575:16
researcher [1] 570:9
researchers [2] 548:6, 606:18
resource [1] - 546:17
resources [1] 607:12
respect [1] - 518:21
respected [2] 578:18, 583:14
respects [1] - 595:5
respond [5] - 520:4,
526:4, 527:14,
530:16, 592:22
respondent [1] 581:16
respondents [1] 565:8
response [1] 587:19
responsibilities [2] 526:23, 599:7
responsibility [1] 518:12
responsible [1] 547:15
rest [1] - 529:17
restriction [4] 528:22, 528:23,
529:7, 530:4
result [4] - 520:25,
586:23, 590:21, 602:9
results [3] - 565:16,
582:21, 586:10
return [2] - 525:10,
525:17
reveal [1] - 596:2
review [4] - 548:12,
561:15, 564:5, 601:1
15
reviewed [17] 555:11, 555:14,

555:22, 556:9,
556:16, 556:18,
556:21, 556:23,
556:25, 557:3, 557:8,
563:16, 565:24,
572:19, 572:21,
573:7, 580:22
reviews [3] - 557:8,
561:7, 588:22
revised [3] - 553:21,
553:23, 554:3
reword [1] - 581:11
Rhonda [4] - 573:3,
574:7, 574:8, 574:9
Ribbon [2] - 519:4,
610:17
Rifle [2] - 519:4,
519:7
rights [2] - 532:1,
567:12
risk [4] - 538:10,
597:22, 605:17,
606:20
risks [1] - 605:10
Riverside [1] - 517:1
Rocha [1] - 534:13
ROCHA [1] - 516:7
role [2] - 538:3,
547:13
room [1] - 515:16
rope [1] - 521:17
roughly [1] - 607:22
Rules [1] - 599:21
rules [1] - 546:7
runs [1] - 521:25
Ryan [1] - 515:14
S
sadly [1] - 576:5
safe [1] - 596:25
safety [1] - 597:4
sake [1] - 548:15
sample [1] - 565:8
sampling [5] 560:17, 561:2,
588:18, 601:2
San [19] - 543:11,
543:18, 543:19,
544:20, 556:23,
562:18, 562:20,
562:23, 563:5,
563:11, 573:20,
600:20, 600:23,
600:25, 601:4, 601:6,
601:12
sanctions [1] - 541:9
Santa [11] - 539:12,

539:15, 539:24,
540:4, 541:2, 541:15,
543:8, 543:15, 545:6,
546:2, 546:3
Saudi [1] - 594:12
save [2] - 609:21,
610:9
saving [1] - 610:14
saw [2] - 545:15,
545:16
scholar [2] - 549:1,
549:6
scholarly [9] - 538:5,
538:7, 561:8, 569:17,
570:5, 572:4, 588:23,
601:1, 608:24
scholars [17] 546:19, 548:10,
548:11, 548:12,
548:18, 549:2, 549:4,
549:6, 549:9, 549:15,
549:25, 551:5,
559:12, 559:18,
566:2, 579:13, 596:15
School [9] - 519:9,
522:8, 522:12,
522:17, 523:4,
526:24, 530:1,
547:10, 610:21
school [7] - 528:1,
528:14, 528:15,
529:11, 530:20,
538:16, 568:3
schools [1] - 569:2
science [14] - 528:2,
538:18, 538:19,
538:25, 539:25,
540:7, 540:10,
540:14, 543:21,
544:9, 545:18,
548:24, 559:4, 559:21
scientific [6] 540:16, 546:12,
604:22, 604:24,
605:5, 605:6
scientist [3] - 559:5,
570:8, 570:9
scope [5] - 577:14,
579:7, 607:1, 607:3,
607:11
Scott [1] - 515:15
Seabring [4] - 530:8,
530:17, 531:8
search [1] - 601:2
searches [1] 588:25
seat [1] - 521:20
seated [1] - 537:3
second [2] - 596:18,
597:17
Secret [1] - 601:24
secretary [1] 610:19
Section [1] - 517:8
security [11] - 540:6,
541:19, 567:20,
567:21, 567:25,
568:2, 568:6, 568:7,
605:10, 605:17,
606:19
Security [4] - 556:21,
567:4, 567:15, 568:1
see [6] - 528:7,
535:17, 566:24,
586:4, 593:24, 597:9
seek [2] - 546:11,
546:17
seem [1] - 545:18
selected [1] - 527:5
self [3] - 561:16,
562:13, 597:1
self-disclose [1] 597:1
self-published [2] 561:16, 562:13
semester [2] - 542:4,
543:23
semi [1] - 556:18
Seminar [1] - 566:1
Senate [1] - 597:14
senate [1] - 599:16
send [2] - 548:23,
592:14
sends [1] - 572:18
senior [1] - 521:18
sense [1] - 542:15
sentence [2] 598:17, 608:22
separate [1] - 528:25
sequester [1] 585:23
serve [39] - 551:3,
551:24, 552:1, 563:7,
570:21, 571:12,
572:22, 580:8,
582:25, 584:7,
589:12, 590:1, 590:8,
590:16, 590:20,
590:22, 591:3,
592:25, 594:16,
594:22, 596:3,
597:21, 599:5,
599:13, 600:6,
600:11, 601:9,
601:12, 601:14,
601:20, 601:25,
602:5, 606:20, 608:1,
608:6, 608:13,
609:16, 610:9, 610:15
Case Name/number
served [11] - 523:11,

538:5, 549:24,
571:17, 571:25,
572:3, 573:15, 575:7,
576:3, 576:9, 578:9
Service [3] - 518:14,
518:17, 601:24
service [20] - 525:8,
532:18, 536:8,
539:13, 550:23,
551:14, 569:15,
573:7, 574:23, 575:1,
578:22, 584:25,
588:8, 591:1, 594:8,
594:11, 597:19,
598:19, 599:18,
606:13
service-connected
[1] - 532:18
servicemember [8] 520:22, 524:17,
533:19, 533:21,
578:17, 581:16,
585:22, 606:21
servicemembers
[30] - 551:22, 551:25,
552:1, 567:13, 571:4,
571:5, 571:16,
573:13, 574:3, 575:7,
578:18, 580:23,
586:15, 592:11,
592:14, 592:25,
593:20, 593:21,
595:19, 595:23,
596:2, 596:15,
596:21, 598:9, 599:9,
602:5, 603:19,
608:13, 608:14
servicemembers' [1]
- 596:24
services [1] - 585:10
Services [1] - 597:14
serving [8] - 565:6,
572:9, 575:17,
579:18, 579:24,
580:6, 584:22, 600:13
set [1] - 582:17
setting [1] - 596:19
seven [2] - 547:2,
569:10
several [1] - 567:19
Sexual [1] - 545:12
sexual [14] - 520:16,
522:4, 529:18,
529:21, 529:24,
530:5, 530:22,
533:20, 536:6,
562:16, 567:11,
570:9, 596:2, 601:3
shall [1] - 555:16
date
sheds [1] - 546:13

shift [1] - 521:15
shifting [1] - 604:4
Shilts [3] - 573:9,
573:16, 573:18
Shilts' [3] - 572:7,
573:4, 574:5
Shilts's [1] - 573:22
ships [1] - 592:17
short [1] - 580:15
short-circuit [1] 580:15
show [3] - 584:17,
595:11, 597:6
showed [3] - 521:17,
592:5, 598:8
shower [1] - 583:1
shows [5] - 599:16,
600:5, 603:16, 609:4,
609:15
sic [2] - 532:21,
607:16
side [3] - 551:5,
551:19, 591:15
sides [2] - 545:17,
592:17
Siegel [1] - 597:19
significant [2] 519:10, 523:7
silent [1] - 567:11
similar [2] - 526:24,
601:13
similarities [4] 592:2, 593:16,
593:25, 595:4
simply [1] - 518:1
Simpson [1] - 515:15
simultaneously [1] 559:6
single [4] - 519:10,
569:20, 569:21, 591:4
sit [1] - 521:17
site [1] - 561:17
situation [1] - 595:9
situations [4] 551:14, 571:18,
571:24, 572:2
six [1] - 569:9
sleep [1] - 532:19
slight [2] - 602:8,
602:9
slow [1] - 541:13
small [5] - 523:2,
523:5, 547:21, 609:20
snake [1] - 540:15
snowball [5] 560:17, 561:2,
588:16, 588:18, 601:2
so.. [1] - 548:5
Social [1] - 566:4
16
social [13] - 540:7,

540:10, 540:14,
540:16, 544:9,
545:18, 546:12,
559:4, 559:5, 559:21,
570:9, 585:23, 604:22
Society [9] - 556:15,
556:18, 562:11,
563:23, 565:20,
565:21, 566:3, 566:8,
568:5
society [6] - 542:16,
543:3, 543:6, 566:1,
594:3, 594:5
sociologist [1] 583:14
sociology [1] 548:23
soften [1] - 571:7
soldiers [2] - 593:3,
597:21
solemnly [1] 536:23
someone [7] 523:11, 523:12,
542:7, 568:23,
575:11, 585:20,
587:14
sometimes [4] 539:8, 548:20, 569:9
somewhat [3] 565:12, 604:2
somewhere [1] 569:8
sorry [18] - 539:20,
541:22, 543:10,
550:13, 551:2,
554:25, 556:7, 557:6,
561:11, 561:22,
562:14, 574:18,
576:4, 589:15, 595:4,
608:10, 608:11,
608:19
spare [1] - 531:25
speaking [2] - 532:6,
532:7
speaks [2] - 599:20,
599:22
special [1] - 606:10
specialists [1] 610:5
specialized [1] 570:2
specifically [6] 518:1, 526:20, 528:4,
560:13, 563:19,
599:17
speculation [5] 521:2, 526:8, 527:17,
533:7, 596:5
speed [1] - 541:13

spell [1] - 537:4
spend [1] - 546:23
spent [3] - 544:2,
546:20, 575:3
spiderweb [1] 561:1
spoken [1] - 569:15
staff [11] - 547:3,
547:12, 547:15,
547:21, 547:24,
548:1, 560:6, 582:18,
598:6
staffed [1] - 594:23
stage [1] - 610:23
Stand [1] - 558:5
stand [4] - 517:10,
536:21, 554:18,
602:25
standards [2] 559:13, 559:19
standing [2] 518:21, 518:24
star [4] - 575:2,
575:3
start [6] - 539:13,
542:4, 549:15, 553:7,
556:10, 598:2
started [7] - 522:7,
522:12, 529:16,
534:6, 539:16,
543:12, 573:13
starting [1] - 592:23
starts [1] - 574:15
State [3] - 543:18,
543:19, 544:20
state [6] - 537:4,
542:24, 545:20,
546:1, 604:20, 607:7
state-of-the-art [3] 545:20, 546:1, 604:20
statement [7] 519:24, 519:25,
530:25, 531:8,
535:13, 535:17,
597:24
statements [2] 608:7, 608:19
STATES [2] - 515:12,
515:19
States [6] - 526:21,
527:12, 574:11,
599:6, 599:14, 601:22
states [3] - 541:23,
597:17, 599:22
statistical [16] 540:20, 548:10,
572:12, 581:3,
581:24, 582:4,
582:20, 583:20,
583:23, 583:25,
584:18, 589:19,
603:14, 603:22,
608:12, 608:18
statistically [2] 584:15, 603:16
statisticians [1] 540:24
statistics [1] 586:22
status [4] - 545:8,
545:9, 546:3, 556:18
statuses [1] - 608:23
stay [3] - 524:4,
524:5, 530:14
step [3] - 523:16,
536:13, 554:19
stepped [1] - 595:23
still [4] - 525:8,
550:17, 591:22,
598:15
story [1] - 593:18
straight [3] - 542:8,
571:5, 585:11
straights [2] - 571:1,
602:20
strategic [1] - 568:17
strategies [1] 568:19
street [1] - 521:22
Street [3] - 515:7,
573:5, 573:25
stress [3] - 525:23,
532:16, 532:18
stressed [3] 522:18, 524:7, 524:16
strike [2] - 576:18,
592:20
strongly [1] - 528:6
structure [4] - 550:8,
566:17, 571:21,
602:13
struggle [2] - 542:19,
542:21
Stuart [1] - 515:21
Studds [3] - 607:16,
607:20
student [1] - 527:2
students [7] - 526:3,
526:25, 529:1,
540:13, 542:13, 544:1
studied [7] - 570:20,
572:2, 572:25,
588:13, 604:19,
604:23, 610:12
studies [40] - 547:1,
549:3, 549:17,
549:22, 550:1, 550:5,
550:21, 552:15,
552:24, 554:13,
Case Name/number
555:7, 557:12, 560:5,

560:6, 561:14,
561:15, 561:16,
561:20, 562:7,
562:11, 563:16,
565:23, 567:22,
567:23, 568:2, 568:7,
572:8, 572:21,
574:20, 575:24,
588:17, 591:18,
593:1, 600:25,
604:14, 604:16,
604:17, 604:19
Study [4] - 545:12,
556:22, 556:24, 557:1
study [69] - 540:21,
542:12, 544:16,
544:18, 545:1, 548:7,
548:9, 548:11, 549:6,
549:23, 550:6, 550:7,
550:10, 550:15,
550:17, 561:17,
562:8, 562:18, 564:2,
565:16, 566:2, 572:5,
572:8, 572:11,
572:19, 573:1, 573:3,
574:9, 574:24,
575:20, 575:23,
576:6, 576:11,
576:13, 576:15,
576:22, 578:8,
578:21, 578:22,
580:24, 580:25,
581:2, 585:7, 585:18,
589:1, 589:9, 589:22,
589:24, 590:5,
590:13, 590:19,
591:20, 591:23,
592:1, 592:8, 592:9,
593:3, 593:6, 593:15,
600:20, 605:9,
606:19, 607:12,
609:8, 609:9, 609:23,
610:3, 610:4, 610:14
studying [2] 588:23, 600:22
subfield [1] - 568:2
subject [7] - 534:16,
558:14, 558:25,
559:3, 570:9, 577:12,
577:25
subjected [5] 522:22, 534:19,
534:22, 535:5, 535:9
subjects [5] - 538:7,
541:4, 541:5, 558:19,
567:22
subpoena [1] 520:13
subsequent [1] -
date
582:20
subsequently [1] 530:21
succeed [1] - 528:8
successful [1] 568:18
suggest [2] - 603:12,
605:21
suggests [1] 549:13
Suite [2] - 515:8,
515:21
summer [1] - 562:14
superseding [1] 520:7
supervisor [1] 521:16
support [12] - 538:2,
551:2, 551:8, 551:10,
566:22, 573:22,
582:23, 591:14,
603:5, 603:8, 607:25,
608:21
supporters [1] 577:4
supports [2] - 552:6,
591:16
supposed [5] 549:11, 549:12,
553:25, 596:23,
607:11
suppress [2] 606:13, 607:14
suppressed [1] 605:22
surprised [1] 530:17
survey [4] - 564:4,
564:12, 581:19,
581:22
suspect [2] - 574:14,
587:5
suspected [1] 587:17
suspects [1] 586:16
suspended [2] 573:14, 573:23
sustain [2] - 540:18,
609:1
sustained [7] 521:3, 521:9, 522:10,
526:9, 526:13,
532:25, 580:20
swear [2] - 536:23,
537:2
sworn [1] - 537:12
Syria [1] - 594:12
system [1] - 546:7
systematically [1] -
17
547:9
T
TAD [1] - 517:9
talent [2] - 610:1,
610:7
talents [1] - 606:10
talks [1] - 577:3
tank [7] - 538:1,
538:3, 538:8, 538:9,
538:15, 545:1, 606:17
tape [1] - 521:16
taught [5] - 540:6,
541:20, 541:22,
543:23, 544:8
teach [6] - 540:4,
541:2, 541:15,
543:24, 544:7, 547:5
teaching [5] - 538:2,
538:5, 541:25,
543:22, 570:6
Team [1] - 592:9
team [1] - 575:13
teams [1] - 575:13
technique [1] 588:18
tempo [1] - 599:8
Temporary [2] 517:11, 517:12
ten [2] - 553:21,
610:23
tenure [2] - 539:17,
540:1
term [1] - 523:1
terms [7] - 528:23,
530:5, 532:7, 544:17,
572:14, 595:22
Terrorism [1] - 518:7
test [18] - 566:24,
567:7, 568:20,
568:23, 568:24,
581:3, 581:7, 581:13,
582:16, 582:17,
582:22, 584:13,
584:14, 602:17,
602:21, 604:14,
605:5, 608:24
tested [2] - 583:6,
586:6
testified [11] 534:16, 537:12,
569:1, 577:20,
580:10, 587:20,
588:13, 589:17,
597:20, 600:20, 602:9
testifies [1] - 551:19
testify [2] - 577:18,
580:9
testifying [1] 564:19

testimonial [1] 609:12
testimonials [4] 592:15, 592:16,
596:14, 598:5
testimony [12] 524:11, 525:14,
536:23, 564:17,
570:16, 575:5,
576:21, 580:14,
581:10, 585:17,
592:14, 599:20
testing [2] - 584:1,
604:21
tests [1] - 604:24
text [2] - 529:8
texting [1] - 529:1
THE [85] - 517:3,
517:20, 518:23,
519:1, 521:3, 521:8,
522:10, 524:10,
524:15, 525:13,
525:16, 526:9,
526:13, 526:19,
527:2, 527:3, 527:4,
527:6, 527:7, 527:18,
527:20, 527:22,
527:23, 531:12,
532:25, 533:8,
533:10, 533:11,
533:12, 534:9,
535:24, 536:12,
536:14, 536:15,
536:20, 536:22,
537:2, 537:3, 537:6,
537:7, 539:19,
539:20, 553:15,
553:17, 554:4, 554:7,
554:9, 554:15,
554:21, 555:2,
555:18, 555:21,
556:3, 564:15,
564:20, 564:21,
564:22, 570:11,
570:15, 576:21,
576:24, 576:25,
577:10, 577:17,
577:25, 579:9,
579:12, 579:21,
580:1, 580:9, 580:13,
580:19, 581:11,
586:12, 586:13,
587:1, 592:22, 593:8,
593:10, 593:12,
596:6, 596:7, 598:23,
599:21, 605:13
theme [1] - 541:25
themselves [3] -
539:8, 585:24, 597:21

theoretical [2] 542:11, 550:6
theories [1] - 544:15
theory [5] - 541:6,
542:5, 567:25, 602:16
therefore [2] 523:24, 571:9
third [2] - 557:1,
591:17
thirds [2] - 592:11,
593:20
threaten [1] - 520:13
three [11] - 534:22,
538:1, 538:12, 558:3,
573:19, 575:1, 575:2,
575:3, 576:15, 578:11
three-quarters [1] 534:22
three-star [3] 575:2, 575:3
throughout [1] 542:20
Thursday [1] - 517:1
tied [2] - 520:1,
521:11
tiny [1] - 604:9
title [1] - 557:19
titled [1] - 566:4
titles [1] - 558:4
today [2] - 588:1,
594:7
together [10] - 549:7,
549:9, 575:13,
585:19, 595:1, 603:1,
603:6, 603:9, 603:13,
603:17
tomorrow [1] - 588:2
took [4] - 523:16,
523:22, 575:5, 606:5
top [6] - 556:13,
563:16, 567:24,
577:3, 577:24, 591:15
topic [3] - 541:17,
563:18, 607:11
topics [1] - 550:4
total [1] - 569:18
totally [1] - 600:13
tour [1] - 518:6
Toussaint [3] 519:18, 534:23,
535:20
Toussaint's [1] 535:2
toward [1] - 592:3
towards [3] - 536:5,
562:3, 593:17
track [1] - 563:17
trade [1] - 541:9
train [1] - 540:24
Case Name/number
training [1] - 581:21

transcript [1] 558:23
transition [2] 595:8, 604:8
traveled [1] - 547:3
tree [1] - 567:24
tricky [1] - 547:20
tried [4] - 524:4,
544:16, 607:14,
607:17
troops [10] - 572:2,
573:24, 575:17,
577:4, 578:23,
579:18, 579:24,
580:6, 584:22, 610:6
trouble [2] - 597:7,
606:2
true [6] - 566:23,
566:24, 566:25,
574:14, 584:6, 598:16
trust [8] - 529:15,
571:2, 571:7, 571:8,
571:9, 602:21, 602:23
truth [4] - 524:13,
536:25
try [3] - 529:8,
542:16, 607:20
trying [2] - 551:10,
583:1
turn [6] - 531:2,
553:7, 589:2, 589:20,
590:3, 590:11
two [12] - 542:12,
543:10, 552:25,
561:14, 561:15,
591:12, 592:11,
593:20, 600:13, 609:3
two-thirds [2] 592:11, 593:20
type [4] - 522:4,
532:9, 541:1, 565:21
types [2] - 546:11,
548:1
U
U.N [1] - 576:8
U.S [26] - 558:8,
558:11, 567:3,
570:21, 571:12,
571:16, 571:25,
572:23, 573:7,
573:23, 574:22,
576:2, 580:8, 580:23,
584:25, 591:2, 592:2,
592:7, 593:16,
593:25, 596:3,
601:14, 601:21,
date
602:6, 606:14, 608:1

UC [9] - 539:24,
540:4, 541:2, 541:15,
543:8, 543:15, 546:2,
546:3, 546:7
ultimately [2] 520:11, 521:25
uncomfortable [3] 604:1, 604:2, 604:3
uncover [1] - 550:25
under [10] - 520:19,
520:24, 528:19,
535:19, 548:25,
576:7, 599:5, 606:25,
607:3, 610:2
undergraduate [4] 537:18, 540:9,
543:25, 544:1
undermine [6] 550:23, 552:2, 563:7,
603:1, 608:6, 608:15
Undermine [4] 556:14, 562:5,
562:10, 563:22
undermines [1] 586:1
underpinning [1] 604:11
undersecretary [1] 607:8
understood [3] 530:9, 532:1, 543:4
unfortunately [1] 594:1
uniform [1] - 528:24
unit [94] - 519:16,
522:2, 522:14, 523:2,
524:4, 524:6, 524:8,
524:18, 525:10,
525:17, 525:24,
526:7, 526:11,
527:13, 527:20,
527:23, 528:21,
529:7, 529:10,
529:11, 529:12,
529:21, 532:12,
533:4, 534:22, 536:5,
546:5, 550:7, 550:8,
558:19, 566:17,
566:19, 566:23,
569:24, 570:21,
570:24, 571:12,
571:22, 574:14,
575:11, 578:14,
578:16, 578:19,
581:5, 581:6, 581:8,
581:14, 581:17,
581:20, 582:2, 582:6,
583:21, 584:3, 584:4,
584:5, 584:7, 584:12,
18
584:15, 584:19,
584:20, 584:25,
586:16, 587:5,
587:14, 587:22,
587:24, 588:1, 588:3,
588:9, 595:20,
596:25, 597:4,
599:18, 600:5, 602:6,
602:12, 602:16,
602:19, 603:3,
604:11, 604:15,
604:21, 608:1,
608:24, 609:4, 609:14
uNITED [1] - 515:12
United [7] - 526:21,
527:12, 558:5,
574:11, 599:6,
599:14, 601:22
UNITED [1] - 515:19
units [16] - 571:3,
572:10, 574:17,
574:21, 574:22,
576:6, 577:5, 578:9,
578:11, 579:25,
584:7, 586:6, 586:9,
586:17, 595:19,
608:15
units' [1] - 608:15
universe [1] - 561:4
universities [8] 547:7, 547:8, 569:5,
569:6, 569:7, 569:13,
604:6, 610:20
University [13] 537:19, 537:20,
539:12, 539:14,
543:18, 543:20,
544:21, 545:8, 546:5,
546:7, 547:9, 547:10,
565:25
university [1] 546:10
unless [1] - 600:14
unquestioning [1] 543:5
unsuccessful [1] 568:19
up [12] - 524:17,
526:6, 528:6, 549:11,
551:20, 555:25,
556:2, 569:9, 575:12,
582:18, 589:19,
592:18
upset [2] - 529:17,
606:24
useful [1] - 565:6
usual [1] - 525:18
utilities [1] - 528:24
V
VA [1] - 532:16
vague [2] - 521:7,
522:9
vaguely [1] - 524:2
valuable [2] - 524:7,
524:18
variants [1] - 567:10
vendor [1] - 565:7
vendors [1] - 547:24
verbal [1] - 587:19
verbally [1] - 528:13
versus [2] - 584:1,
584:2
veteran [1] - 569:15
veterinarian's [3] 521:23, 521:24
Vietnam [1] - 574:18
Vietnam/World [1] 574:19
violated [2] - 532:10,
567:13
violating [1] - 575:13
violent [1] - 592:16
Virginia [1] - 515:21
visit [1] - 600:25
visited [1] - 547:8
visits [4] - 547:7,
569:9, 604:6
visually [1] - 529:17
voiced [1] - 601:3
Volume [4] - 553:2,
583:4, 589:2, 589:6
voluntary [4] 519:24, 530:25,
531:8, 535:16
vulnerable [3] 539:6, 539:7, 568:22
W
waited [1] - 593:11
waived [1] - 531:23
Wall [2] - 573:5,
573:25
War [16] - 518:7,
547:3, 547:10,
552:22, 557:18,
561:19, 573:6, 573:8,
573:17, 573:24,
574:3, 574:11,
574:18, 574:19,
574:21
war [12] - 518:18,
519:2, 538:10,
567:23, 568:16,
573:12, 574:4,
574:10, 574:15,
574:24, 575:7
wars [1] - 539:8
wartime [2] - 572:23,
574:12
Washington [1] 515:16
wasted [1] - 607:12
wave [2] - 596:8,
596:11
waves [2] - 596:16,
598:7
ways [5] - 543:4,
543:5, 585:8, 588:7
wear [1] - 528:24
web [3] - 548:4,
561:17, 562:13
weeds [1] - 529:4
week [2] - 530:7,
534:13
welcome [1] - 592:18
well-informed [1] 523:6
well-respected [1] 583:14
West [3] - 515:7,
547:5, 610:20
whatsoever [2] 564:25, 565:13
wherein [1] - 572:2
white [1] - 542:8
WHITE [1] - 515:4
whole [1] - 536:25
win [1] - 517:15
wish [1] - 592:22
withdraw [1] - 593:7
WITNESS [25] 516:6, 516:10, 519:1,
524:15, 525:16,
526:19, 527:3, 527:6,
527:20, 527:23,
533:10, 533:12,
536:14, 537:2, 537:6,
539:20, 555:21,
564:20, 564:22,
576:24, 579:12,
586:13, 587:1,
593:10, 596:7
witness [11] - 522:3,
526:14, 532:24,
536:16, 536:18,
536:21, 537:11,
570:8, 570:14,
570:16, 593:12
witness's [2] 524:12, 576:21
witnessed [2] 522:6, 536:4
women [3] - 524:17,
528:6, 595:7
Case Name/number
Woods [1] - 515:5

WOODS [1] - 536:17
word [2] - 548:13,
572:15
words [13] - 517:23,
540:15, 541:10,
559:11, 566:18,
581:5, 582:4, 584:5,
588:4, 591:21,
602:25, 608:21, 609:6
workers [1] - 560:21
works [5] - 526:18,
555:11, 555:14,
583:15, 591:20
World [3] - 559:1,
574:11, 574:18
world [4] - 541:10,
566:2, 594:7, 599:4
worst [1] - 602:7
worth [1] - 599:12
write [1] - 548:12
writing [3] - 528:13,
530:13, 530:21
written [1] - 592:14
wrote [4] - 531:17,
558:23, 573:19,
605:25
Y
year [13] - 537:22,
538:21, 538:23,
538:24, 540:1,
543:16, 543:24,
544:2, 544:3, 547:2,
550:18, 575:4, 585:7
year-long [2] 550:18, 585:7
years [12] - 522:18,
522:20, 538:1,
538:12, 543:9,
543:10, 547:2,
598:14, 606:5,
607:22, 610:24
York [4] - 543:11,
544:2, 544:3, 544:4
young [3] - 524:16,
528:5, 565:10
Z
Zogby [22] - 551:21,
564:18, 581:15,
582:7, 582:10,
582:12, 582:14,
583:6, 583:10,
583:19, 585:8, 586:6,
586:8, 586:11,
586:20, 596:21,
date
603:18, 603:24,
604:4, 604:5, 608:16

Case 2:04-cv-08425 Trial Day 3 Vol 2

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Case 2:04-cv-08425 Trial Day 3 Vol 2

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

HONORABLE VIRGINIA A. PHILLIPS, JUDGE PRESIDING

LOG CABIN REPUBLICANS,

REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS

Thursday, July 15, 2010

THERESA A. LANZA, RPR, CSR

Thursday, July 15, 2010

Trial Day 3, Volume II

UNITED STATES DEPARTMENT OF JUSTICE

UNITED STATES ARMY

Thursday, July 15, 2010

Trial Day 3, Volume II

Thursday, July 15, 2010

Trial Day 3, Volume II

Riverside, California; Thursday, July 15, 2010; 11:03 A.M.

You may continue.

Thank you, Your Honor.

DIRECT EXAMINATION (cont'd)

Performance Section in Exhibit 144, you mentioned the acronym

Just to clarify, when you were reading the comments on

What does that stand for?

Temporary Assigned Duty.

And what is Temporary Assigned Duty?

It is a duty that is -- that you are ordered on that is

not on your primary base.

The Navy and Marine Corps Achievement Medal.

The objection is overruled.

Your Honor, same objection.

Marine Corps Achievement Medal is.

It's my understanding it's given for an accomplishment,

Thursday, July 15, 2010

Trial Day 3, Volume II

specifically, when you have done more than what is simply

And did you receive this award?

Approximately when did you receive it?

Just before my tour ended in Bahrain.

Did you also receive the Global War on Terrorism

And what is that for?

For being in the -- I believe it's for being in the AOR,

or the area of responsibility.

And what is the National Defense Service Medal?

For joining during the war.

For being in harm's way, if I'm

And did you also receive the National Defense Service

I don't want to interfere with the flow.

have a standing objection to every -- with respect to awards,

The standing objection is noted for the record.

Could you re-answer the last question.

Thursday, July 15, 2010

Trial Day 3, Volume II

Yes, Your Honor.

The medal is for joining during war or conflict.

Did you also receive the Navy Rifle Marksmanship Ribbon?

What do you mean you were in expert?

I received the Rifle Expert Medal.

What did it mean to you to be accepted to the Naval

Academy Preparatory School?

It is the single most significant moment of my life.

guaranteed me admission to the Naval Academy if I kept doing

what I was doing.

attend the Naval Academy?