Major Mike Almy, a 13-year veteran of the Air Force who was relieved of his duties after a routine search of computer files uncovered emails to his same-sex partner, appeared on MSNBC’s Rachel Maddow show this evening to respond to Sen. John McCain’s (R-AZ) rather hysterical allegations that the military does not seek out gay soldiers or search private emails. That exchange, with journalists Kerry Eleveld and Chris Geidner, occurred only moments after Republicans successfully filibustered the 2011 National Defense Authorization Act.

“I was literally quite stunned when I first heard it,” Almy told Maddow. “As you know, I testified before the Senate Armed Services Committee in March and told my story”:

ALMY: Senator McCain was there. He sat 20 feet away from me and he listened to every word of my testimony. For him to make that statement today that the military does not search private e-mails tells me that he either didn’t listen to my testimony in this past March, he forgot what I said, or he’s being deliberately deceptive with the American public about the true nature of Don’t Ask, Don’t Tell and using partisan politics over the interests of national security. The simple truth is the Air Force searched my private e-mails in 2005 in Iraq. During the height of the insurgency they launched an investigation solely to look into my private e-mails, solely to determine if I had violated Don’t Ask, Don’t Tell and to find whatever evidence they could use against me. [...]So for Senator McCain to make that allegation, I’m just dumbfounded about where he comes up with that type of explanation, that type of an answer to a reporter and to be quite honest with you, I’m very angry at that statement today.

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Earlier in the show, Maddow spoke to DADT scholar Nathaniel Frank about what the Democrats can now do to eliminate the policy. Frank laid out three paths: the Senate can try to pass repeal during the lame duck session, President Obama could issue an executive order ending implementation of the policy, or the Justice Department could refuse to appeal a recent federal district court decision which found DADT unconstitutional. “The court case, I think, is one of the more likely now, for the President to say, this actually is unconstitutional and although there is a tradition of defending standing law, it’s not obligated to defend a policy that it believes is unconstitutional,” Frank said.

This afternoon, immediately after the Senate failed to invoke cloture on a defense authorization measure which included an amendment to gradually repeal Don’t Ask, Don’t Tell, a group of journalists met with Sen. John McCain (R-AZ) to discuss the vote. Pressed by The Advocate’s Kerry Eleveld and Metro Weekly’s Chris Geidner about instances when the military actively sought to out gay troops, McCain grew defiant and insisted that the military does not “go out and seek to find out if someone’s sexual orientation”:

MCCAIN: We do not go out and seek. Regulations are, we do not go out and seek to find out if someone’s sexual orientation. We do not!

ELEVELD: But senator, that’s not…

MCCAIN: That is the fact! That is the fact. Now ma’am, I know the military very well, and I know what’s being done. And what is being done is that they are not seeking out people who are gay. And I don’t care what you say, I know it’s a fact.

ELEVELD: It’s not what I say.

MCCAIN: I dont’ care what you say! And I don’t care what others say. I’ve seen it in action. I’ve seen it in action. I have sons in the military, I know the military very well. So they’re not telling you the truth.

ELEVELD: Senator, just to make sure…

MCCAIN: Just to make sure. We do not go out and seek out and find out….

ELEVELD: Private emails are not being searched? Private emails are not being searched?

MCCAIN: …See if someone is gay or not. We do not go out and see whether someone is gay or not.

ELEVELD: There are documented cases…

MCCAIN: They do not, they do not, they do not. You can say that they are, you can say [inaudible] it’s not true!… Yea, I’d like to see…

GEIDNER: It is the case of Mike Almy, Senators.

MCCAIN: Bring them to our office. It is not the policy, it is not the policy, it is not the policy.

GEIDNER: But it is the case that it’s happening, Senator.

MCCAIN: It is not the policy, it is not the policy, it is not the policy You can say that it is the policy, sir if you choose to. It is not the policy. I would be glad to get that to you in writing.

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While the Defense Department did adopt higher standards for discharging gay and lesbian soldiers in March, the military has dismissed servicemembers after discovering their sexual orientation in email records. For instance, Major Mike Almy — a 13-year veteran of the Air Force — was relieved of his duties after a routine search of computer files uncovered emails to his same-sex partner.

In fact, as Almy explained in testimoney before McCain’s own committee (Senate Armed Services): “In Iraq, during the height of the insurgency, someone in the Air Force ordered a search of my private emails solely to determine if I had violated “Don’t Ask, Don’t Tell”, and to gather whatever evidence could be used against me.” “I was relieved of my duties, leading nearly 200 Airmen, my security clearance was suspended and part of my pay was terminated. Even as my commander was relieving me of my duties, he assured me this was in no way a reflection of my performance or my abilities as an officer,” Almy testified.

Moments ago, in a 56-43 vote, Senate Democrats failed to invoke cloture on the 2011 National Defense Authorization Act, falling three votes shy of the 60 need to break a Republican filibuster. As is customary, Senate Majority Leader Harry Reid (D-NV) voted against the measure as a procedural tactic, allowing him to revive the bill at a later date. The result represents a major setback for advocates of repealing the military’s Don’t Ask, Don’t Tell policy and supporters of the DREAM Act.

Chances of invoking cloture began to fade early this afternoon, as moderate Republican Senators who support DADT repeal, used procedural explanations to substantiate their vote against starting debate on the measure. Along with concerns about voting to repeal the DADT policy before the Pentagon completed its year-long review and the suggestion that the DREAM Act was unrelated to national defense, the Republicans also complained that Majority Leader Harry Reid (D-NV) was limiting debate to just three amendments — DADT, DREAM, and secret holds. Reid, however, had made assurances that he would consider Republican amendments after the recess. Ignoring Reid’s concession, Republican moderates like Sen. Susan Collins (R-ME) took to the floor to equate repealing the ban against open service in the military to restricting the right of Republicans to offer alternative amendments:

– SEN. SUSAN COLLINS (R-ME): “I support the provisions in this bill. I debated for them; I was the sole Republican on the Committee that voted for the Lieberman-Levin language on don’t ask, don’t tell. I think it’s the right thing to do, I think it’s only fair. I think we should welcome the service of these individuals who are willing and capable of serving their country. But I cannot vote to proceed to this bill under a situation that is going to shut down debate and preclude Republican amendments. That too is not fair.”

– SEN. OLYMPIA SNOWE (R-ME): “First and foremost, the Senate should have the ability to debate more than the three amendments the Majority Leader is allowing…We should all have the opportunity to review that [DADT] report which is to be completed on December 1, as we reevaluate this policy and the implementation of any new changes”

– SEN. SCOTT BROWN (R-MA): “The majority party, I feel, is using our men and women in uniform as a tactic to pass politically expedient legislation entirely unrelated to the defense authorization. It is in my view not appropriate.”

– SEN. GEROGE VOINOVICH (R-OH): “The DREAM Act deals with immigration and shouldn’t be on this bill. ‘Don’t Ask, Don’t Tell’ is a controversial issue that needs to be debated on the Senate floor but I believe it would be logical to wait for the Department of Defense to issue its report on ‘Don’t Ask, Don’t Tell.’”

Democrats, who also today announced that they would likely adjourn a week early, say they plan to take up the act after the midterm elections. “We’re going to come back into session in November or December. I spoke to Sen. Reid today. He’s very clear and strong that he’s going to bring this bill to the floor in November or December,” Sen. Joseph Lieberman (I-CT) told the Washington Blade’s Chris Johnson. Lieberman also predicted that “opponents of the repeal of ‘Don’t Ask, Don’t Tell’ have enough votes to take that repeal out of this legislation,” something Collins confirmed in her floor speech today, saying that she would vote “against the amendment to strike don’t ask, don’t tell provisions from this bill.”

At a press conference earlier today, Durbin said that this is the first time since 1952 that the Congress failed to pass a defense authorization measure. “What would be unprecedented is if Republicans block the Senate from passing the defense authorization bill for the first time since 1952,” Durbin said.

As the Senate prepares to vote on cloture for the Defense Authorization Bill, Senators from both sides of the aisle used Gen. James Amos’ confirmation hearings to become the Marine Corps’ 35th Commandant, to pepper Amos about repealing Don’t Ask, Don’t Tell. Amos admitted that he personally opposes repealing DADT, but stressed that the Pentagon’s review of the policy would inform the military about how best to implement a repeal and allow the Marines Corp to change the policy “smartly.”

During one particularly heated exchange with Sen. Jeff Sessions (R-AL), Amos rebuffed the GOP’s argument that those who disagree with repeal would be silenced or chased out of the service:

SESSIONS: I want to know if you think it’s appropriate leadership position of the military if this policy is adopted to not allow people to have different views and for them to get out of the military.

AMOS: If you step away from the Don’t Ask, Don’t Tell there are lots of things that go on today in the American military that the average Marine out there might not agree with. But the one thing we have in the Marine Corp is we got discipline and we got leadership and those are the two things that are I think the one thing that’s going to carry they day for us should the law get changed. But there has never been a gag order, and I don’t anticipate one being put on the Marines. …I don’t see that that would be an issue….We have plenty of marines out there when marines disagree, and they disagree vocally.

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Amos also countered Sen. John McCain’s (R-AZ) argument that the Pentagon’s study won’t tell military leaders if repeal would undermine military effectiveness, insisting that “at the end of the day, when all of this information comes to whoever is the 35th Commandant of the Marine Corps in December….will be able to give his best military advise on that.”

“If this policy is changed. The last thing you’re going to see your Marine Corps do is try to step in and push it aside. That will simply not be the case,” Amos said. “There will be issues, we’re going to work through them.”

Last night, Lt. Dan Choi debated Bishop Harry Jackson, a member of the High Impact Leadership Coalition and an “all-purpose activist and pundit for right-wing causes”, about ending the Don’t Ask, Don’t Tell policy on DC’s WTTG Fox 5. Jackson regurgitated the familiar arguments about repeal undermining unit cohesion, military readiness and the religious freedom of military chaplains. Choi debated on the issue on Jackson’s turf. He recalled the lessons from Civil Rights movement and likened the prohibition of open gay service to racism in the military:

CHOI: I think when you fire people simply for their integrity, for their act of telling the truth about who they are, there is nobody who can say that any team, any organization is strengthened. When I put on this uniform, when I wore these clothes in combat in Iraq…I didn’t swear just to serve a certain kind of people. I didn’t swear to protect only a certain kind of religious liberties. I swore to protect everybody and for anyone on to get up on the TV and say that we cannot risk the truth or integrity, I think makes a mockery not only of what our country was founded on, but the Civil Rights movement and what scripture tells us. I was raised in a religious tradition as well and I…[...]

You know, something that we learned in Iraq is that when a military is subordinated to the interests of a religious minority or a religious group of any sort, you have the same kind of social problems that the Middle East has that the countries that we are trying to liberate and to improve have and I don’t think that America is built on those same foundations….I’ve faced racism in this country and homophobia and Harry Jackson I think it feels exactly the same.

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“When you ask me why don’t I wait,” Choi continued, “I learned the same lessons in school from all of the Civil Rights leaders who said that our American promise is not just for some people, not just for straight people, but for all people and anybody who thinks otherwise I think needs to look at the history books again.” “Discrimination does not need to be studied. It is wrong, period,” he concluded.