From NBC's Courtney Kube
The Defense Department's General Counsel is now reviewing the Don't Ask Don't Tell policy, spokesperson Bryan Whitman confirmed today.
Speaking to a group of reporters on his plane yesterday evening, Secretary Robert Gates said that when he really examined the law, he found that "it doesn't leave much to the imagination for a lot of flexibility."
Gates asked his general counsel to examine whether there is any flexibility in how the military applies the law. The secretary mused about whether the military should "take action on somebody" if the information about their sexuality comes "from somebody who may have vengeance in mind or blackmail or somebody who has been jilted."
"I don't know the answer to that, and I don't want to pretend to," Gates quickly added, calling that "a question of legal interpretation."
The secretary said he and President Obama spoke about "Don't Ask, Don't Tell" last week, and that the issue came up when all of the Combatant Commanders came together to meet at the Pentagon last month. He said the discussion with President Obama focused on how to move forward to change the policy and how to ask Congress to change the law.
Spokesperson Bryan Whitman denied that Gates requested this review because he believes that the law has been enforced unfairly or improperly.