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

Case 2:04-cv-08425 Trial Day 2 Vol 2
298
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 2
Volume II
Pages 298-348
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REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS
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Riverside, California
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Wednesday, July 14, 2010
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10:48 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 2, Volume II
299
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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
633 West Fifth Street,
Suite 1900
Los Angeles, California
213-620-7772
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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Plaintiff Case (Cont'd).......................
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PLAINTIFF
WITNESS
STEPHEN VOSSLER
DIRECT
By Ms. Myers
By Mr. Gardner
CROSS
REDIRECT
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RECROSS
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338
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EXHIBITS
RECEIVED
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(None.)
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Riverside, California; Wednesday, July 14, 2010; 10:48 A.M.
-oOo-
(Stephen Vossler takes the witness stand.)
THE CLERK:
Do you solemnly state that the testimony
you may give in the cause now pending before this court shall
be the truth, the whole truth, and nothing but the truth, so
help you God?
THE WITNESS:
THE CLERK:
10
Please state your full name and spell it
for the record.
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I do.
THE WITNESS:
My name is Stephen Vossler.
S-t-e-p-h-e-n, V-o-s-s-l-e-r.
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THE COURT:
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You may call your next witness.
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MR. WOODS:
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We're calling Mr. Stephen Vossler.
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That's
Thank you.
Thank you, Your Honor.
10:48
And the
examination will be conducted by Devon Myers of our office.
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THE COURT:
Thank you.
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You may inquire.
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MS. MYERS:
21
10:48
STEPHEN VOSSLER,
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called as a witness on behalf of the plaintiff, having been
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first duly sworn, was examined and testified as follows:
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BY MS. MYERS:
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Good morning.
10:48
302
Good morning.
What is your current occupation?
Currently, I am a contractor for the Department of
Justice.
attend a university?
Lincoln.
What was your major there?
10
I was a political science and international studies double
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major, with an emphasis on East Asian studies.
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Have you ever been a member of the U.S. military?
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Yes, I have been.
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From when to when?
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I was in the United States Army from June of 2001 to June
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of 2009.
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And how long were you an active member of the U.S. Army?
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For five years, from June of 2001 to June of 2006.
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When did you enlist in the Army?
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I enlisted in November of 2000, before I graduated high
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school.
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And why did you join the Army?
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For a lot of reasons.
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strong tradition in my family of people being in the military.
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I think we've had somebody in every major conflict since the
I fill a business analyst role.
Before you worked at your current occupation, did you
Yes, I did.
10:48
I attended the University of Nebraska,
10:49
10:49
10:49
I joined the Army because there's a
10:49
303
Spanish American War.
and I really wanted to do.
language.
got to travel, which was something else I wanted to do; so
joining the Army fulfilled all of these for me.
And when did you report?
I first reported for duty around June 25th of 2001, at
Fort Leonard Wood, Missouri, for basic training.
And what was your rank when you reported for duty?
10
I was an E2, a private second class.
11
And where were you initially stationed?
12
After basic training?
13
No.
14
It's something I was very proud to do

Additionally, I wanted to learn a
I'm very interested in languages and culture.
Sorry.
Your basic training was at Fort Leonard Wood?
Yes.
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And how long did you stay at Fort Leonard Wood?
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For about ten weeks.
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guess it was September 7, 2001.
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THE COURT:
Correct.
10:50
I left there in the beginning -- I
I'm sorry, Ms. Myers.
Could I interrupt
you for a moment.
10:50
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(Brief pause for technical difficulties.)
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THE COURT:
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You may resume.
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MS. MYERS:
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10:50
10:50
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And I
All right.
Thanks.
I'm sorry.
No problem.
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BY MS. MYERS:
Did you successfully complete basic training?
I did.
What are some of the core values that the Army emphasizes
that are important to you?
MR. GARDNER:
THE COURT:
You may answer.
THE WITNESS:
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Objection.
10:52
Relevance.
The objection is overruled.
Two of the values that I tend to
espouse the most are duty and integrity.
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10:52
Duty is just something that's sort of integral into
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everything that the military does.
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sense of duty to complete it, there's really no role for the
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military, there's no way that you could complete the mission of
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national defense; so that was something that I tended to
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cultivate a sense of, a strong sense of duty in myself, during
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my time in the military.
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Without a mission or a
10:52
And integrity is just sort of taking initiative and
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being honest with yourself about what your role is and being
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able to convey that effectively and work well with others.
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mean, it's just sort of an abstract conception of integrity,
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but to me, it really has a lot to do with just being honest to
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yourself and doing what you need to do and sort of having the
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courage to do that day in and day out.
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10:53
10:53
305
BY MS. MYERS:
by?
I try really hard, yes.
After completing basic training, what did you do next?
From there, I went to the Defense Language Institute in
Monterey, California, and I was there learning Korean until
February 2003.
Do you feel like these are principles that you still live
10:53
And why did you choose to go to the Defense Language
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Institute?
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cultures and foreign languages.
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Institute is one of the premier language facilities in the
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world, so the fact that I could go there and be in the military
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while I was doing that was just icing on the cake for me.
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learning there?
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there; that was primarily learning the language and learning
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how to use it conversationally.
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Did you choose to learn Korean?
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I did not.
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How did you end up learning Korean?
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There's a test that the military has you take called the
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Defense Language Aptitude Battery, and it tests basically your
10:53
Like I said before, I was very interested in foreign

And the Defense Language
10:54
Was there an intelligence component to the work you were
There was a very small intelligence component while I was
10:54
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306
ability to learn a language.
higher category you can get into.
Category 4, which are some of the more complex languages to
learn.
Army sends a lot of people through languages like Arabic,
Korean, Chinese; and I got chosen for Korean.
learn Korean?
And I scored into a
And from there, it was just the needs of the Army.
The
MR. GARDNER:
Objection.
Calls for speculation;
lacks foundation.
10:55
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THE COURT:
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THE WITNESS:
The question asked if he knows.
I'm honestly not certain why they put
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so many people through.
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linguists working all throughout the military, a lot of Korean
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linguists, and a lot of Korean linguists on peninsula, the
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Korean peninsula.
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BY MS. MYERS:
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are selected to learn Korean that do not complete their
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courses?
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was about a 50-percent attrition rate in my class.
I do know that we have a lot of

10:55
Do you know if there is a high attrition rate of those who
Yes.
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10:55
Do you know why the military assigns so many people to
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And the higher you score, the
There is a very high attrition rate.
THE COURT:
10:55
I think there
That would be the class of the Korean
language?
10:56
307
THE WITNESS:
THE COURT:
Correct.
Thank you.
BY MS. MYERS:
Korean students in the Defense Language Institute?
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Do you know why there's such a high attrition rate of
MR. GARDNER:
Objection.
10:56
Lack of foundation; calls
for speculation.
THE COURT:
You may answer.
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THE WITNESS:
Yeah.
11
For one, Asian languages tend to be difficult to
10:56
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learn in general.
And for another, there is certainly a
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cultural disconnect between American students and a lot of the
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native Korean teachers.
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lot more supportive in the classroom, and they wouldn't call
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you out, as a rule.
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do tend to call people out more in public, and that is
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something that's accepted for them.
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go well for us.
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part of the reason for such a high attrition rate.
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BY MS. MYERS:
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Defense Language Institute?
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Approximately 40 people started in my class.
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And how many people of that class completed the course?
Whereas American teachers tend to be a

10:56
The Korean culture has it that you -- you
And it's not -- it doesn't
So between those two factors, that's a large

10:57
How many people were in your Korean language class at the
How many people started?
10:57
308
Either 22 or 23.
And when you started at the Defense Language Institute,
which company were you in?
When I first got there, I was in Bravo Company.
And what is a company?
A company is just one of many echelon of units in the
military.
soldiers at that time.
10:57
That particular company was probably about 250
And after the Bravo Company, which company did you go to
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next?
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strictly a Korean language company, only Korean; so Korean
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language-learning soldiers were in that company.
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you live with?
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in two different sets of barracks while I was in Alpha Company
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as well, two different rooms.
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During that time, did you live with Derek Thomas?
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I did.
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And can you please describe your barracks when you were
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living with Mr. Thomas.
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people per room, and then they shared -- we shared a bathroom.
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It was all within our own room.
10:57
From there, I transitioned to Alpha Company, which is
And during the time you were in the Alpha Company, who did
10:58
I lived with several people while I was there, and I was
I did for about nine months.
10:58
While we were there, there was a suite of -- there's two
10:58
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Was it spacious?
It was not spacious, no.
And during the time that you lived with Mr. Thomas, was he
in the process of being discharged under "Don't Ask, Don't
Tell"?
occupying, he was already in the process of being discharged.
Mr. Thomas?
They were Army barracks.
10:58
Yes.
When I moved into the room that he was already
And during that process, about how long did you live with
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About nine months.
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And what did you observe during your time living with him?
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MR. GARDNER:
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THE COURT:
10:59
Objection.
Vague.
The objection is sustained.
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BY MS. MYERS:
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find that he, in your experience, was doing well as a soldier?
During the time that you lived with Mr. Thomas, did you
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MR. GARDNER:
Objection.
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THE COURT:
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You may answer.
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THE WITNESS:
10:59
Leading.
Overruled.
I noticed that Derek wasn't -- just
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generally speaking, wasn't doing well.
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difficult on him, because he was such a talented soldier.
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had graduated the Korean basic course.
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He certainly passed his course, which is difficult.
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also very good at the physical training portion of being a
10:59
I thought it was very

He
He graduated very well.

He was
11:00
310
soldier.
tasks while he was there.
other soldiers and taught them some basic soldiering skills.
And he was very proficient at all of that.
He was also very skilled at some of the other type of

He volunteered to be a trainer of
And during the discharge process, he was doing
day-to-day duties that consisted more of things that would
generally be reserved for somebody who was either being
punished or was being discharged because they couldn't meet the
requirements for being a soldier, whether it be they weren't
10
technically or tactically proficient enough or they couldn't
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pass the physical fitness test.
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things.
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above-average soldier, and was just doing things that -- he was
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separated from the rest of the unit, doing things that he was
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overqualified for.
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BY MS. MYERS:
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what is a unit?
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of any branch of service, really.
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a squad, which is generally eight people, to, you know, like, a
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brigade or a division.
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people, depending on the type of brigade.
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Army?
11:00
11:00
And he was none of those
He was, generally speaking, a very good soldier, an
11:01
When you say he was separated from the rest of the unit,
A unit is just a group of soldiers -- or, I mean, a group

They can range in size from
11:01
A brigade is, you know, roughly 5,000
In your view, what is the importance of a unit in the
11:01
311
MR. GARDNER:
Objection.
Relevance.
This is a lay
witness, Your Honor.
He's not an expert.
THE COURT:
You may answer.
THE WITNESS:
the accomplishment of a mission.
missions in the military, or even in a corporation, where an
individual can actually get the job done by him or herself.
without a collection of soldiers, whether it's eight soldiers
In my view, the importance of a unit is
11:01
There are very, very few
So
10
or whether it's 5,000 soldiers, you need a unit to accomplish a
11
mission, or different levels or different components of a
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mission.
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BY MS. MYERS:
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said that Mr. Thomas was not participating with his unit any
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longer; is that correct?
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That's correct.
18
And in your view, what does it mean if a soldier is not
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allowed to participate with his unit?
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soldier.
22
Is that what you thought of Mr. Thomas?
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Initially, yes.
24
And why did you think that?
25
Well, I guess the logic was that if the Army saw fit to
11:02
And during the time that you were living with him, you
Well, that generally means that he or she is a bad
11:02
11:02
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312
pull him apart from the rest of the unit in terms of day-to-day
duty, then it must be just.
soldier after getting to know him better?
I didn't know that he had actually graduated the course.
didn't know that he had done more than he needed to do.
didn't realize that he was a trainer of other soldiers, where
he was good enough at his skills that he could teach them to
How did you feel about Mr. Thomas's competence as a
I realized that he was an exceptional soldier.
He was -I
I
10
others.
11
above the maximum, actually, on physical training.
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all-around an exceptional soldier.
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14
kind of tasks was he assigned to complete?
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would do grounds-keeping, raking pine needles.
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cleaning latrines; restrooms in civilian speak.
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charge of quarters, which is guarding the entrance to the
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barracks to ensure that no unauthorized visitors came in or no
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visitors came in after hours.
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administrative tasks, filing papers, shredding documents,
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things like that.
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24
reflected Mr. Thomas's skill level?
25
11:03
I didn't realize that he was well above average --
11:03
He was
And during the time that you were living with him, what
He did a lot of tasks, a lot of sort of menial tasks.
He
11:03
He'd be
He would do
He would do some sort of menial
11:04
And do you think that those were tasks that accurately
MR. GARDNER:
Objection.
Relevance.
He's a lay
11:04
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witness, Your Honor.
THE COURT:
Well, I'm not concerned about the
lay witness objection.
But as to relevance, where are you going with this?
MR. GARDNER:
THE COURT:
Let her answer.
MS. MYERS:
I'm just trying to demonstrate,
The relevance is -Thank you.
Your Honor, that Mr. Thomas was a very qualified soldier, he
was exceptional at his job, and he was not being permitted to
10
do the tasks to which he was qualified.
11
THE COURT:
But what is the relevance of that?
12
MS. MYERS:
I think that it goes to show that -- the
13
ultimate relevance is that "Don't Ask, Don't Tell" is
14
discharging soldiers that are highly capable and otherwise
15
wouldn't be discharged; and not making good use of their time.
16
THE COURT:
And the relevance of that overall?
17
MS. MYERS:
I would say that it goes to the
18
substantive due process component of our challenge, which is to
19
say that the argument that "Don't Ask, Don't Tell" is related
20
to unit cohesion and promotes good unit cohesion is incorrect.
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THE COURT:
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MR. GARDNER:
11:04
11:04
11:05
11:05
You may respond, briefly.

Mr. Vossler's anecdotal evidence about
23
an individual servicemember does not make the due process claim
24
any more or less viable.
25
from Mr. Thomas and his views, they could have called
More importantly, if you want to hear
11:05
314
Mr. Thomas.
Rather, this is Mr. Vossler's, a lay witness,
personal opinions about another soldier.
irrelevant.
It is utterly
THE COURT:
Do you remember the last question?
THE WITNESS:
THE COURT:
BY MS. MYERS:

11:06
Not entirely.
Would you repeat the last question.
Is it your understanding that Mr. Thomas was overqualified
10
for the jobs that he was doing during the time he was being
11
discharged under "Don't Ask, Don't Tell"?
12
13
tasks.
14
for the job that he was trained for, you have to be quite
15
exceptional.
16
Did you have any problems living with Mr. Thomas?
17
I did not.
18
And why was it awkward at first when you started living
19
with Mr. Thomas?
20
21
somebody who was gay, a gay man.
22
never experienced up until that point.
23
my head that that would be something that I would constantly
24
have to battle, in that he would be coming onto me or -- I was
25
just worried that it would be a very sort of tense living
11:06
He was -- yeah, he was obviously overqualified for his

I mean, in order to even have an opportunity to train
11:06
It was awkward at first, but that passed.
I was not comfortable being in such close proximity to
11:06
That was something that I had

And I guess I had it in
11:07
315
situation.
Was it a tense living situation?
No, it was not.
Did any of your concerns about how Mr. Thomas might behave
come to pass?
I would normally choose to do, no.
great living situation.
And why was it a pretty great living situation?
10
He was a very good roommate.
11
was sleeping or just relaxing or something when he came back
12
late, he would leave the lights off.
13
very clean.
14
out.
15
a good living situation.
16
17
Tell"?
18
19
itself with him.
20
21
you joined the military?
11:07
Other than having to listen to a little bit more Cher than

It was actually a pretty
He was very courteous.
11:07
He's very quiet; he's
He would bring friends over.
We'd go out to dinner.
If I
We would all hang
It was a good friendship.
It was
11:08
Did you ever talk with Mr. Thomas about "Don't Ask, Don't
We never -- I don't remember ever discussing the law
What was your impression of "Don't Ask, Don't Tell" when
22
MR. GARDNER:
23
THE COURT:
24
BY MS. MYERS:
25
Objection.
11:08
Relevance.
Sustained.
In terms of getting to know Mr. Thomas and having personal
11:08
316
conversations with him, did you feel that you were ever able to
talk to him about his relationships?
about his experience in the military and just in life as a gay
man.
him, though.
relationships with other servicemembers?
Yes.
We certainly talked about his orientation and talked
I don't necessarily recall discussing relationships with
Is it fairly common in the military to discuss
MR. GARDNER:
10
speculation.
11
experiences.
12
13
11:09
Objection.
Leading; calls for
He's asking for his personal view as to his
THE COURT:
Excuse me.
11:09
Don't make speaking
objections.
14
15
You may answer.
16
THE WITNESS:
Yeah.
11:09
I mean, it's very common to
17
discuss your personal experiences, whether it's relationships
18
or getting your oil changed or whatever it is.
19
BY MS. MYERS:
20
21
kind to talk about their oil change or their relationship, how
22
would that affect your impression of them?
And if someone, in your experience, doesn't respond in
23
MR. GARDNER:
24
THE COURT:
25
THE WITNESS:
Objection.
11:09
Calls for a hypothetical.
Overruled.
In my experience, that's very
11:10
317
distancing.
If somebody doesn't respond in kind, it indicates
that they don't care about you, that your best interest is not
any of their concern, and that there's really no connection
there.
BY MS. MYERS:
conversations, is that something that is important to working
in a group in the military, in your experience?
11:10
The interaction that you've just described, these types of
In my experience, yes.
It really facilitates being able
10
to work well with others.
Just having a good personal
11
relationship, even if you're not extremely close, but as long
12
as you're open and communication is easy, that makes working
13
together much easier.
14
15
you were at the Defense Language Institute?
16
17
there.
18
19
Jarrod Chlapowski?
20
11:10
Did you develop close friendships with other people while
Yes.
11:10
I developed a lot of close friendships while I was
Was one of those close relationships with Specialist
Yes, it was.
21
THE COURT:
Could you spell the last name.
22
Was the first name Gerald?
23
MS. MYERS:
It's Jarrod, J-a-r-r-o-d.
24
name is C-h-l-a-p-o-s-k-i [sic].
25
THE WITNESS:
And the last
P-o-w-s-k-i.
11:11
318
MS. MYERS:
Yes.
Sorry.
Thank you.
BY MS. MYERS:
that created the foundation for your friendship with him?
military.
physically fit; and we spent time on our own sort of
cultivating those skills.
We studied very hard.
What were some of Specialist Chlapowski's characteristics
We were very similar in sort of our outlook on the

We were both young men, very competitive, very
We tried to be the top of our class.
We worked very hard, at our language, at
10
our soldiering skills.
11
books and discuss things.
12
a fantasy guy.
13
interests.
14
enough to interest us, but not so far apart that we were
15
disinterested.
16
And what language was Specialist Chlapowski studying?
17
He was also a Korean language student.
18
And to circle back quickly, during the time that you lived
19
with Mr. Thomas, did you ever have any problems sharing a
20
bathroom or shower space with him?
21
I did not have any problems.
22
During the time that you became friends with
23
Specialist Chlapowski, did you learn anything else of interest
24
about him?
25
Yes.
11:11
We were fellow nerds.
We would read
11:12
I was a science fiction guy; he was
And we shared a lot of the same personal
They weren't exactly the same, but they were close
11:12
11:12
At one point his roommate showed me a picture of
11:13
319
Jarrod and another man standing very close to each other on a
beach, and he said, Did you know that Jarrod was gay?
Mr. Chlapowski's sexual orientation?
story that his roommate made up, because, in my mind, there was
no way that Jarrod could be gay.
it in terms of I just forgot about it, but I did dismiss it in
terms of its point.
How did you react to that information about
I thought it was -- I just thought it was kind of a crazy
11:13
So I just -- I didn't dismiss
I didn't think that Jarrod was gay.
And
10
then later in the week, when I confronted Jarrod about it, I
11
didn't ask him, Hey, are you gay; I said, Hey, can you believe
12
this crazy story your roommate told me; he said that you were
13
gay; isn't that crazy?
14
15
homosexual?
16
17
beliefs about gays and lesbians.
18
Derek Thomas sort of fit the bill, so to speak, he was very
19
flamboyant, very effeminate, Jarrod was quite the opposite.
20
was very masculine, very sort of centered.
21
mellow personality, very professional, very calm.
22
23
sexual orientation?
11:13
And why didn't you think Specialist Chlapowski could be

11:14
Up until that point, I still held some very stereotyping

I thought that -- whereas
He
He's a very sort of
11:14
Why did you feel the need to talk to Jarrod about his
24
MR. GARDNER:
25
THE COURT:
Objection.
Relevance.
Overruled.
11:14
320
You may answer.
THE WITNESS:
I didn't -- at that time, when I
confronted him, I didn't really feel the need to confront him
about his sexual orientation.
questions about his sexual orientation that needed to be
answered.
confronted him was, I thought it would be one of those sort of
friendship-cultivating mutual stories, where you could both get
a chuckle out of it, and then later Jarrod could probably go
I didn't think there were any
I just assumed he was straight.
11:15
The reason I
10
talk to his roommate, to stop spreading these heinous lies
11
about him.
12
BY MS. MYERS:
13
14
orientation, what was his reaction?
11:15
When you talked to Specialist Chlapowski about his sexual
15
MR. GARDNER:
Objection.
Hearsay.
16
THE COURT:
Whose reaction are you referring to?
17
MS. MYERS:
Specialist Chlapowski's, Your Honor.
18
THE COURT:
19
THE WITNESS:
11:15
He was obviously very uncomfortable.
20
think he was probably scared, maybe a little embarrassed.
21
don't really know what his emotions were.
22
very uncomfortable.
23
saying, No, I'm not gay; ha ha, that is a very funny story, he
24
said, Yeah, I am gay; is that a problem?
25
11:15
But he was obviously
And rather than denying it, rather than
11:16
321
BY MS. MYERS:
you feel?
didn't expect, and I was kind of in disbelief, because I didn't
think it would be possible for me to cultivate a friendship
with a gay man.
Did that prove to be not the case?
Yeah, that's definitely not the case.
And how did his disclosure of his sexual orientation make
Well, it was awkward at first.
It was something that I
We're very good
10
friends.
11
12
orientation, did you also discuss "Don't Ask, Don't Tell" with
13
him?
11:16
When you confronted Specialist Chlapowski about his sexual
14
MR. GARDNER:
15
THE COURT:
16
11:16
Objection.
Hearsay.
This question does not ask for hearsay.
11:16
It just asks if they had a discussion.
17
18
THE WITNESS:
At the time, no, we didn't discuss the
19
law.
20
BY MS. MYERS:
21
22
Institute?
23
Yes, I did.
24
When did you complete training at the Defense Language
25
Institute?
11:17
Did you complete the training at the Defense Language
11:17
322
In February 2003.
Where were you stationed after completing training at the
Defense Language Institute?
San Angelo, Texas.
Force Base?
so he had been there for about three months already when I
From there, I transitioned to Goodfellow Air Force Base in

11:17
And was Specialist Chlapowski also at the Goodfellow Air
Yes.
10
arrived.
11
He was about three months ahead of me in training,
11:17
And what did you learn at the Goodfellow Air Force Base?
12
MR. GARDNER:
13
THE COURT:
Objection.
Vague.
Sustained.
14
BY MS. MYERS:
15
16
Air Force Base?
17
18
application of our language skills.
19
school, obviously, we were learning language and the basics of
20
that.
21
apply it for our job.
22
And when you say "we," who are you referring to?
23
Everybody stationed at Goodfellow Air Force Base was
24
training.
25
What was the subject of your training at the Goodfellow
11:17
There, we were learning the military -- more technical

Whereas, at the language
At Goodfellow Air Force Base, we were learning how to
11:18
It was actually a joint services base.
And what was the name of the specialty that you were
11:18
323
training for?
interceptor cryptologic linguist.
And what do cryptologic linguists do?
Generally, what we do is, we intercept voice signals,
transmissions, either via radio signals or cell phones; however
voice signals can be transmitted, we intercept those and we
translate those, or at least gist them in terms of their
content, and then pass that information along to analysis,
Me specifically, I was a Korean language voice signals
10
where they can actually make intelligence out of it and put
11
reports together.
12
13
11:18
11:19
Are there a lot of cryptologic linguists in the military?

MR. GARDNER:
14
BY MS. MYERS:
15
Objection.
Lack of foundation.
In your understanding.
16
THE COURT:
17
THE WITNESS:
11:19

In my understanding, no.
Relative to
18
other occupational specialties in the military, it is very
19
specialized, and it's a lot smaller, a lot less widespread.
20
BY MS. MYERS:
21
22
military context, is it an important service, in your view?
23
24
thing for national defense.
25
11:19
So the services that cryptologic linguists serve in the
Absolutely.
Intelligence of any kind is a very important
Can you provide me with some examples.
11:19
324
Yeah.
Something that cryptologic linguists often do is,
they will provide force protection, which is sort of a more
tactical level, or sort of a lower level, moment-to-moment type
of intelligence collection, where you can actually collect on a
particular target, an individual, conveying information about
your position, or a friendly position; and you can literally
pinpoint their location and have them neutralized, whether
that's having a missile launched at them or whether that's
10
detaining them or something like that.
It helps protect our
11
forces that are on the ground at the moment.
12
How long did you remain at the Goodfellow Air Force Base?
13
I was there for six months.
14
Where did you go after the Goodfellow Air Force Base?
15
From there, I went home for a couple of weeks on leave,
16
did a little hometown recruiting, and then I progressed to
17
Camp Humphreys in Korea.
18
And where is home for you?
19
Friend, Nebraska.
20
When did you report to Camp Humphreys?
21
That would have been August 4, 2003.
22
What did you do at Camp Humphreys?
23
I was a cryptologic linguist there, Korean language
24
cryptologic linguist.
25
And what was the purpose of your assignment at
11:20
11:20
11:20
11:21
11:21
325
Camp Humphreys?
surveillance mission on particular targets of interest, in
terms of Korean national defense and our national defense.
Was Specialist Chlapowski also at Camp Humphreys?
Yes, he was.
And how long did you stay at Camp Humphreys?
I was there for a year.
And how long was Specialist Chlapowski at Camp Humphreys?
10
He was also there for a year.
11
During the time that you were at Camp Humphreys, did you
12
support any sensitive reconnaissance operation missions?
13
14
sensitive reconnaissance intelligence missions.
15
16
operation mission is.
17
18
are collecting on targets of interest, enemies; and we are
19
basically compiling data over a -- data and making intelligence
20
over a long period of time, just to get a more in-depth view of
21
our enemies' capabilities, their posturing, things like that.
22
And it's sensitive because we can't really disclose who the
23
target is or specifics about it.
24
25
Camp Humphreys, did he support any of these sensitive
We were there -- my unit was there running a continuous
Yes, I did.
11:21
That's what my job was.
I participated in
And can you define exactly what a sensitive reconnaissance
Exactly?
No.
11:21
11:22
But it's just -- it's a mission where we
11:22
During the time that Specialist Chlapowski was at
11:23
326
reconnaissance operation missions?
and in different sections, but working on the same mission.
understanding, sensitive reconnaissance operation missions did
Specialist Chlapowski support?
Yes.
That was also his job.
We were in different units
And about how many of these, approximately, in your
MR. GARDNER:
THE COURT:
10
11
Lack of foundation.
You may answer if you know.
THE WITNESS:
From my understanding and from what
11:23
I've learned from Jarrod, he was involved in about 300 of them.
12
13
Objection.
11:23
MR. GARDNER:
Your Honor, I now move to strike.
Hearsay.
14
THE COURT:
15
BY MS. MYERS:
16
Where did you go after your assignment at Camp Humphreys?
17
I went to Ft. Lewis, Washington.
18
Okay.
19
11:23
And what did you do at Ft. Lewis, Washington?
20
I was a cryptologic linguist there as well, but we trained
21
for a tactical-type mission.
22
while in the United States, but you can train for your job.
23
And was Specialist Chlapowski also stationed at Ft. Lewis?
24
Yes.
25
was in the same unit when I got there.
11:24
Obviously, you can't collect
Again, he was about three months ahead of me, and
11:24
327
Did your friendship with Specialist Chlapowski continue to
develop during the time that you were at Ft. Lewis?
Yes.
In what ways did it develop?
While we were there, we lived together for a brief period.
When we moved from Korea to Ft. Lewis, we moved into a unit
that was at the time already deployed to Ft. Lewis, so we were
a couple of the -- we were kind of the only people there that
knew each other, so we became very close friends there.
Definitely so.
11:24
We
10
hung out all the time, off duty and on duty.
We worked
11
together.
12
13
Specialist Chlapowski, what were some of the things that you
14
talked about?
11:25
And as part of your close friendship with
15
MR. GARDNER:
16
THE COURT:
17
THE WITNESS:
Objection.
Hearsay.
11:25

We talked about anything that friends
18
would talk about, just day-to-day activities or issues or
19
problems we had; anything.
20
BY MS. MYERS:
21
Did your conversations include discussing relationships?
22
Yes.
23
How did you handle conversations about relationships in
24
front of other servicemembers?
25
11:25
We had to be very careful when talking about that.
11:25
328
could openly discuss the details of mine.
I could talk about
my girlfriend.
But when we were discussing his relationships, we either had to
speak very vaguely or -- at the time his partner's name was
Steve, Steven.
saying, Hey, what did you and Steve do; hey, what did you and
Stephanie do?
that.
I could talk about problems with my girlfriend.
We would call him Stephanie.
And instead of
11:26
And we would change 'hes' to 'shes', things like
It was kind of tedious.

How did it make you feel having to limit your
10
conversations in public to these types of pronoun-changing
11
subjects?
12
MR. GARDNER:
13
THE COURT:
14
THE WITNESS:
Objection.
11:26
Relevance.

It was nerve-racking.
I mean, it was
15
something that had we slipped up, it could have been a real
16
problem, and it could have led to an investigation being
17
launched on him, which could have led to a discharge.
18
was something -- that was sort of a cloud of fear that -- he,
19
especially, always lived under, and talked about quite a bit;
20
but I, too, lived under.
21
BY MS. MYERS:
22
23
the issue of homosexuality, in your view?
24
25
to speak.
11:26
And that
11:27
How did other members of the unit that you were in treat
In my view, the issue of homosexuality was fair game, so

Whereas there are obviously rules protecting gender
11:27
329
or protecting religious beliefs or race, there are no rules
protecting sexual orientation.
make fun of sort of ad nauseam and not really run into any
pushback.
And how did that make you feel?
At times, when it was just me listening to a gay joke or
something like that, it was just sort of irritating.
wasn't -- it didn't necessarily make me uncomfortable.
just stuff I didn't want to hear.
10
So it's something that you can
11:27
It
It was
It was things that I thought
were immature, unprofessional.
11
11:28
When I was with Jarrod and we were listening to
12
somebody telling a gay joke, it made me very uncomfortable.
13
There's a particular instance I can remember where we were
14
taking a break from training, and somebody was telling a gay
15
joke, and Jarrod was -- we just kind of exchanged glances, just
16
kind of, This is ridiculous.
17
him, You can't tell jokes like that; it's unprofessional; we're
18
leaders; we can't be acting like this in front of the people
19
we're leading.
20
21
roommate?
22
23
friends.
24
shared a lot of the same interests.
25
considerate roommate.
And I called the guy out and told
What was it like having Specialist Chlapowski as a
It was good.
11:28
11:28
I mean, at that point we were already good
We already were hanging out together.
We already
He was also a pretty
It was another great living situation.
11:29
330
Can you describe the space of the barracks during the time
that you lived with Specialist Chlapowski.
Right.
When we were roommates, we shared another suite,
where it was just two people to a room; and then we shared a
shower, a bathroom.
And was that room spacious?
It was not spacious.
And what was the bathroom situation like?
10
That's -- when we were roommates, it was in the same room
11
there.
12
Was that spacious?
13
No.
14
Did you ever have any problems sharing the space, either
15
the bathroom or the room, with Specialist Chlapowski?
16
No, we never had any problems.
17
Do you feel like Specialist Chlapowski ever acted
18
inappropriately as your roommate?
19
20
shower, because he's a hairy guy, no.
21
respectful, and there were never any problems.
22
23
superiors at Ft. Lewis know about his sexual orientation?
24
25
about his sexual orientation.
11:29
11:29
The two of us shared a bathroom there.
No.
11:29
He was -- other than leaving way too much hair in the

He was always very
11:30
To your knowledge, did any of Specialist Chlapowski's
Yes.
There is one particular supervisor that I know knew
11:30
331
And how do you know that that supervisor knew about
Specialist Chlapowski's sexual orientation?
Because I talked about it with that supervisor.
To your understanding, did that supervisor ever report
Specialist Chlapowski for being in violation of "Don't Ask,
Don't Tell"?
To my understanding, no, he never did.
Did Specialist Chlapowski complete his term of active duty
in the military, to your knowledge?
10
Yes, he did.
He ended his contract at the predetermined
11
time.
12
policy.
13
14
"Don't Ask, Don't Tell" policy?
15
16
obviously not something that defined his service.
17
exceptional soldier.
18
never any need.
19
of it.
20
21
Specialist Chlapowski's sexual orientation?
22
23
others and told them that he was gay.
24
25
orientation with other people?
11:30
11:30
He was not discharged under the "Don't Ask, Don't Tell"
Why did you never report him for being in violation of the
It was never a problem for me.
It was -- and it was

He was an
He was an exceptional friend.
There was
It wasn't an issue, so I didn't make an issue
Did you ever tell other people about
Yes.
11:31
11:31
There were some instances when I discussed it with
And why did you discuss Specialist Chlapowski's sexual
11:31
332
There were times when people were -- we'd be having
discussions about whatever it is, and many people might be
making fun of homosexuals or whatever, and I thought it was
important that they knew that there were gays serving around
them and they didn't know it, and it wasn't -- somebody's
sexual orientation is not what defines somebody's quality as a
human being or as a friend or as a soldier.
kind of tongue in cheek in a way, sort of a slap in the face or
a wake-up call, to say, Well, just so you know, you've already
11:32
So I guess it was
10
served with a gay soldier.
11
12
Specialist Chlapowski's sexual orientation report him under
13
"Don't Ask, Don't Tell"?
14
To my knowledge, no.
15
Why do you think that none of those people or his
16
superiors ever reported Specialist Chlapowski for being in
17
violation of "Don't Ask, Don't Tell"?
11:32
To your knowledge, did any of the people you told about
18
MR. GARDNER:
19
THE COURT:
Objection.
11:32
Calls for speculation.
Sustained.
20
BY MS. MYERS:
21
When did your time on active duty end?
22
June 2006.
23
What was your rank at the end of your active duty service?
24
I was a specialist, an E4.
25
During the time that you were on active service, did your
11:32
11:33
333
opinion of "Don't Ask, Don't Tell" change?
MR. GARDNER:
Objection.
THE COURT:
You may answer.
THE WITNESS:
Irrelevant.
Overruled.
Yes, it did change.
11:33
BY MS. MYERS:
How did it change?
At first, while coming to the military, I remembered the
debate in the early '90s about the "Don't Ask, Don't Tell"
10
policy, and it seemed to be a reasonable policy.
11
it did not seem like it would be difficult to not discuss your
12
sexual orientation or, you know, what you were doing with your
13
boyfriend or your girlfriend on the weekends.
14
through personal experience and witnessing, you know, Jarrod --
15
well, Jarrod and I struggled with the policy, actually -- not
16
being able to discuss openly certain personal issues.
17
realized it was a ridiculous policy that required, in my
18
opinion, an ordinate amount of personal sacrifice just in order
19
to get by day to day in the military.
20
What did you do after your active duty ended?
21
I enlisted in the National Guard for three more years, and
22
I went home to Lincoln, Nebraska, and pursued my bachelor's
23
degree.
24
When did you leave the National Guard?
25
June 2009.
At the time
11:33
Over time, just
11:34
11:34
11:34
334
And at the end of your time in the Army National Guard,
what was your rank?
I was a sergeant, E5.
During your time in the military, did you receive any
awards for your service?
MR. GARDNER:
THE COURT:
THE WITNESS:
11:34
Objection.
Relevance.
Overruled.
I did.
BY MS. MYERS:
10
What were those awards that you received?
11
I received a couple of different Army achievement medals,
12
an Army Commendation Medal.
13
14
the Court.
15
16
11:35
Can you please describe the Army Commendation Medal for
MR. GARDNER:
Objection.
Character evidence,
11:35
Your Honor.
17
THE COURT:
18
You may answer.
19
THE WITNESS:
Generally, the Army Commendation Medal
20
is an award given for distinguished service or a distinguished
21
act or sort of a period of exceptional service.
22
BY MS. MYERS:
23
And why did you receive the Army Commendation Medal?
24
While I was at Ft. Lewis, I excelled as a soldier.
25
extremely physically fit in that respect.
11:35
I was
I went through
11:35
335
leadership training, where I graduated among the top students
of my class.
while I was there.
administratively in compliance, and I ensured that they were
receiving the training that they needed to receive.
administered training.
I was a leader of about 11 different soldiers

I kept them in line.
I kept them
11:36
I was in two different units while I was at
Ft. Lewis.
While I was in the first unit, I became an expert,
a technical expert, at my job.
I maintained and improved my
10
language skills while I was there.
11
unit, I was the instructor.
12
helped others in my unit to become technically and tactically
13
proficient at our job.
14
important contributing member of my units.
15
16
17
I was seen as an expert.
11:36
So I
I was generally seen as a very
MR. GARDNER:
answer.
When I moved to the other
I'm going to move to strike that last
11:37
Character evidence.
THE COURT:
18
BY MS. MYERS:
19
20
that's given out frequently?
21
22
There are other awards that are not as significant.
23
Achievement Medal is not as significant.
24
takes some work to receive.
25
receive an Army Commendation Medal.
To your understanding, is the Army Commendation Medal one

11:37
It's not very frequently.
It's not rare by any means.

The Army
But it definitely
It ought to take a lot of work to

11:37
336
Did Specialist Chlapowski earn the Army Commendation
Medal?
Yes, he did.
And how do you know that Specialist Chlapowski received
the Army Commendation Medal?
at other times.
Tell" affected the units in which you worked?
11:37
I watched him receive it, and we've discussed his awards
In your understanding, how do you think "Don't Ask, Don't
10
MR. GARDNER:
11
legal conclusion.
12
opinion.
Objection, Your Honor.
Calls for a
11:38
Also, lay witness testimony, offering expert
13
THE COURT:
It doesn't call for an expert opinion.
14
15
You may answer.
16
THE WITNESS:
17
THE COURT:
11:38
Could you please repeat that question.
Go ahead.
18
BY MS. MYERS:
19
20
Tell" affected the units in which you worked?
21
22
were gay -- it made it more difficult at times.
23
when I was at Ft. Lewis with Jarrod, we were constantly mincing
24
our words.
25
we were discussing personal things, it was stressful.
In your understanding, how do you think "Don't Ask, Don't

11:38
I think it made it, at least for the people I knew that

For instance,
And just minute to minute, if it was a downtime and
And it
11:39
337
made it so he couldn't be very open about himself.
It made it
more difficult at times.
with some other people, it actually enhanced trust, because for
him to have to come out to me and tell me showed that we
respected each other and it showed that he trusted me.
was mixed.
reenlist after completing his active duty service?
He chose not to reenlist.
10
And why did Specialist Chlapowski choose not to reenlist?
And at other times, like with me and
So it
11:39
Do you know whether Specialist Chlapowski chose to
11
MR. GARDNER:
12
THE COURT:
Objection.
11:39
Calls for hearsay.
Sustained.
13
BY MS. MYERS:
14
15
"Don't Ask, Don't Tell"?
16
I have.
17
Can you provide me some examples of how you have spoken
18
out against "Don't Ask, Don't Tell."
19
20
universities across the country.
21
I've written op-eds.
22
written blogs.
23
Servicemembers United last summer for a couple of months, where
24
I lobbied different Congress members to repeal the policy.
25
I've done regional and national tour events, grassroots events,
After leaving the military, have you spoken out against

11:40
I have been on panels for discussions at various

I've done radio interviews.
I've been in press conferences.
11:40
I've
I volunteered at an organization called
11:40
338
trying to get the policy repealed, just getting the word out to
people.
It seems like a lot of time to devote to something.

Have you devoted a lot of time to that?
I've devoted a lot of time to it, yes.
And why have you spoken out against "Don't Ask, Don't
Tell" and devoted so much time to that issue?
discriminatory law, and I've watched it have some pretty grave
In my opinion, "Don't Ask, Don't Tell" is -- it's a very
10
effects on people.
11
Jarrod always wanted to make a career out of the military, and
12
he got out.
13
with American values.
14
understand how it's a law in my country.
15
16
It was very difficult on my friend Derek.
11:41
And it just, in my opinion, doesn't seem in line

It's very discriminatory, and I don't
MR. GARDNER:
Your Honor, I'm going to move to strike
that entire last answer.
11:42
It's improper lay opinion.
17
THE COURT:
The motion to strike is denied.
18
MS. MYERS:
I have no further questions at this time,
19
11:41
Your Honor.
20
THE COURT:
Thank you.
21
Cross-examination.
22
11:42
CROSS-EXAMINATION
23
BY MR. GARDNER:
24
Nice to see you again, Mr. Vossler.
25
You too.
11:42
339
employment.
I want to ask you some questions about your prior
You mentioned, I think on direct, that last summer
you interned with an organization called Servicemembers United;
is that right?
That's correct.
And Servicemembers United is the largest national
organization of gay veterans and straight allies banded
together to repeal "Don't Ask, Don't Tell"; correct?
11:43
10
That is true.
11
And Servicemembers United was co-founded by Alex Nicholson
12
and Mr. Chlapowski.
13
Correct.
14
And Mr. Nicholson was your direct supervisor.
15
Correct.
16
And I think you alluded to this on direct, but among your
17
responsibilities while at Servicemembers United, you
18
coordinated media appointments; correct?
19
11:43
11:43
Correct.
20
THE COURT:
I'm sorry.
21
MR. GARDNER:
22
THE COURT:
Media...
Appointments.
Appointments.
Thank you.
23
BY MR. GARDNER:
24
You lobbied various Congresspeople.
25
Correct.
11:43
11:43
340
You participated in a number of speaking engagements;
correct?
Correct.
And I think you alluded to this:
Correct.
You also served on the Voices of Honor Tour; right?
Correct.
And that was a tour co-sponsored by Servicemembers United
and the Human Rights Campaign; correct?
You maintained a blog.

11:43
10
Correct.
11
The Human Rights Campaign is a grassroots political
12
organization that also seeks the repeal of "Don't Ask, Don't
13
Tell."
14
Correct.
15
And they are actually lobbying for the repeal of "Don't
16
Ask, Don't Tell"; correct?
17
Correct.
18
Now, Mr. Chlapowski is HRC's director of military affairs;
19
correct?
20
Correct.
21
And in that role, he conducts the field coordination at a
22
high level for the campaign against "Don't Ask, Don't Tell"?
23
Correct.
24
Okay.
25
11:44
11:44
Now, the Voices of Honor Tour involved you traveling
11:44
11:44
341
around the country with other advocates urging that Congress
repeal "Don't Ask, Don't Tell"; correct?
Correct.
And since interning at Servicemembers United, you've
become a member of the organization.
Human Rights Campaign or...
Servicemembers United.
Yes, I am a member of that organization.
You've also done some work with the Palm Center; right?
10
Correct.
11
The Palm Center is an advocacy group seeking to repeal
12
"Don't Ask, Don't Tell."
13
That's not how I understand their role.
14
Do you recall that you and I got together last week for a
15
deposition?
16
Correct.
17
And you swore to tell the truth?
18
I did, yes.
19
And you did tell the truth; correct?
20
Yes.
11:45
11:45
11:45
11:45
21
MR. GARDNER:
Your Honor, may I approach?
22
THE COURT:
23
Approach the witness?
24
MR. GARDNER:
25
THE COURT:
You may.
Correct, with his deposition.
And have you lodged the transcript with
11:45
342
the Court?
MR. GARDNER:
No.
Because my understanding is, for
impeachment purposes, we do not need to lodge the depositions.
It's for substantive use of the testimony.
THE COURT:
MR. GARDNER:
Well, we just got the transcript in.
THE COURT:
10
Okay.
MR. GARDNER:
I do have a copy, Your Honor.
hand it to you right now.
13
MR. GARDNER:
14
THE COURT:
15
Do not walk in the well, Counsel.
16
way.
17
BY MR. GARDNER:
18
19
your deposition.
May I approach?
Back the other
11:46
I want to draw your attention, Mr. Vossler, to Page 56 of
THE COURT:
You're going to use a portion of the
11:46
deposition for impeachment?

MR. GARDNER:
23
THE COURT:
25
11:46
You may.
22
24
I can
I've got multiple copies, in fact.
(Documents provided.)
21
I'm happy to
Do you have a copy?
12
20
11:45
lodge it.
11
For all purposes.
Correct, Your Honor.
Before you do that, what you do is inform
opposing counsel of a page and line number.

MR. GARDNER:
About to do that, Your Honor.
11:47
343
Page 56, Lines 19 through 22.
BY MR. GARDNER:
Mr. Vossler, I asked you the following question --
THE COURT:
Excuse me, Counsel.
Before you proceed any further, state the page and
line number.
that before you proceed any further.
Allow opposing counsel and the Court to review
MR. GARDNER:
Page 56, Lines 19 through 22.
Understood, Your Honor.
10
THE COURT:
Any objection?
11
MS. MYERS:
No, Your Honor.
12
THE COURT:
Go ahead.
13
BY MR. GARDNER:
14
15
on Page 56, Line 19:
16
"QUESTION:
17
11:47
11:47
Mr. Vossler, I asked you the following question, beginning

11:47
Understood.
The Palm Center is also an
advocacy group seeking to repeal "Don't Ask, Don't Tell"?
18
ANSWER:
Right."
19
THE WITNESS:
That's correct, it is also an advocacy
20
group seeking the repeal of "Don't Ask, Don't Tell," not
21
solely.
22
BY MR. GARDNER:
23
11:48
My question didn't ask for solely.
24
Specifically, you were interviewed by
25
Dr. Nathaniel Frank in connection with his book
11:48
344
Unfriendly Fire; correct?
Correct.
And it's your understanding that Dr. Frank is a strong
advocate for the repeal of "Don't Ask, Don't Tell."
Correct.
And it's fair to say that you're also a fervent advocate
for the repeal of "Don't Ask, Don't Tell."
Correct.
And that advocacy has manifested itself by, among other
11:48
10
things, lobbying members of Congress to repeal "Don't Ask,
11
Don't Tell."
12
Correct.
13
Okay.
14
11:48
In fact, you and Mr. Nicholson have met with the
15
offices of a number of Congresspeople regarding the repeal of
16
"Don't Ask, Don't Tell."
17
Correct.
18
By the way, you're not a member of Log Cabin Republicans;
19
correct?
20
Correct.
21
Okay.
11:48
22
Now, you testified on direct examination that you
23
were comfortable living and working in close proximity with
24
Mr. Chlapowski; correct?
25
Correct.
11:48
11:49
345
And it's fair to say that other servicemembers could have
different views on that issue?
Correct.
That would obviously depend upon the individual
servicemember; correct?
Correct.
You're not here to give the views of individuals other
than yourself on that issue; correct?
Correct.
10
And it's fair to say that there's a lot of servicemembers
11
you haven't talked to regarding the service of open homosexuals
12
in the military?
13
Correct.
14
And if the Court wanted to know the views of those
15
servicemembers, presumably the Court would have to hear from
16
those members; right?
17
Correct.
18
Okay.
19
11:49
11:49
11:49
Now, you talked about on direct examination one of
20
Mr. Chlapowski's supervisors knowing that he was a homosexual;
21
correct?
22
Correct.
23
That was Mr. Droste?
24
That's correct.
25
That's D-r-o-s-t-e?
11:49
11:49
346
Correct.
In fact, Mr. Droste was a peer of Mr. Chlapowski's;
correct?
Correct.
Okay.
Also a peer.
And you don't know how Mr. Droste learned that
Mr. Chlapowski was a homosexual.
Correct.
10
Okay.
11
11:50
11:50
And there were times when you discussed
12
Mr. Chlapowski's sexuality with other servicemembers when
13
Mr. Chlapowski was not present; right?
14
Correct.
15
And some servicemembers were uncomfortable when you
16
disclosed that Mr. Chlapowski was gay.
17
MS. MYERS:
Objection.
18
THE COURT:
You need to rise when you address the
20
MS. MYERS:
My apologies.
21
THE COURT:
I'm sorry.
22
MS. MYERS:
The question was not in the record.
11:50
19
23
Facts not in the record.
Court.
11:50
Repeat that objection.

It's
misstating Mr. Vossler's testimony.
24
THE COURT:
25
THE WITNESS:
Could you please repeat the question.
11:51
347
BY MR. GARDNER:
that Mr. Chlapowski was gay.
Correct.
And you don't know why these servicemembers were
uncomfortable with Mr. Chlapowski's sexuality.
Some servicemembers were uncomfortable when you disclosed
Correct.
MR. GARDNER:
THE COURT:
Redirect examination, Ms. Myers?
10
MS. MYERS:
Yes.
11
11:51
No further questions, Your Honor.
Just a few quick questions,
Your Honor.
12
THE COURT:
13
You may inquire.

REDIRECT EXAMINATION
14
BY MS. MYERS:
15
16
counsel's question about the Palm Center, can you explain what
17
your understanding of the Palm Center is.
18
19
academic -- it's an organization comprised of academics who
20
research different aspects of homosexuality.
21
traditionally seen, nor does it pose itself historically, as an
22
advocacy group.
23
changed somewhat in recent history.
24
25
supervisor of Specialist Chlapowski, what did you mean?
In your deposition, on Page 56, when you responded to
11:51
My understanding of the Palm Center is that it is an
It's not
11:52
However, it is my understanding that that has
And when you said that Mr. Droste was a peer as well as a
11:52
348
That means that we would also hang out in off time.
While
he was -- I don't believe in terms of the military, he was ever
a peer of Jarrod, as in he was always above him in rank.
he was actually a supervisor of his at times.
officially, he was never a peer, but we did all hang out in our
off time.
And
In terms of
MS. MYERS:
I have no further questions, Your Honor.
THE COURT:
Thank you.
You may step down.
10
11
You don't happen to have a very brief witness, do

you?
12
MR. WOODS:
No.
13
THE COURT:
Then we'll recess for the lunch hour.
14
15
We'll recess until 1:10 this afternoon.

(Proceedings concluded.)
16
17
18
CERTIFICATE
19
20
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
_/S/ Theresa A. Lanza

CSR, RPR
Federal Official Court Reporter
_________________
Date
11:52
11:53
'
'90s [1] - 333:9
'hes' [1] - 328:7
'shes' [1] - 328:7
1
10:48 [1] - 301:1
11 [1] - 335:2
14 [1] - 301:1
19 [3] - 343:1, 343:9,
343:15
1900 [1] - 299:7
2
20 [1] - 299:14
2000 [1] - 302:20
20001 [1] - 299:15
2001 [4] - 302:15,
302:18, 303:7, 303:18
2003 [3] - 305:8,
322:1, 324:21
2006 [2] - 302:18,
332:22
2009 [2] - 302:16,
333:25
2010 [1] - 301:1
202-353-0543 [1] 299:16
213-620-7772 [1] 299:8
22 [3] - 308:1, 343:1,
343:9
22203 [1] - 299:20
23 [1] - 308:1
250 [1] - 308:7
25th [1] - 303:7
3
300 [1] - 326:11
301 [2] - 300:3, 300:8
338 [1] - 300:8
347 [1] - 300:8
4
4 [2] - 306:3, 324:21
40 [1] - 307:24
400 [1] - 299:20
5
5,000 [2] - 310:22,
311:10
50-percent [1] 306:23
56 [5] - 342:18,
343:1, 343:9, 343:15,
347:15
6
6108 [1] - 299:15
633 [1] - 299:6
7
7 [1] - 303:18
9
90071-2007 [1] 299:7
901 [1] - 299:20
A
A.M [1] - 301:1
Aaron [1] - 299:6
ability [1] - 306:1
able [4] - 304:20,
316:1, 317:9, 333:16
above-average [1] 310:13
absolutely [1] 323:23
abstract [1] - 304:21
academic [1] 347:19
academics [1] 347:19
accepted [1] 307:18
accomplish [1] 311:10
accomplishment [1]
- 311:6
accurately [1] 312:23
Achievement [1] 335:23
achievement [1] 334:11
act [1] - 334:21
acted [1] - 330:17
acting [1] - 329:18
active [7] - 302:17,
331:8, 332:21,
332:23, 332:25,
333:20, 337:8
activities [1] 327:18

ad [1] - 329:3
additionally [1] 303:2
address [1] - 346:18
administered [1] 335:6
administrative [1] 312:21
administratively [1] 335:4
advocacy [5] 341:11, 343:17,
343:19, 344:9, 347:22
advocate [2] - 344:4,
344:6
advocates [1] 341:1
affairs [1] - 340:18
affect [1] - 316:22
affected [2] - 336:9,
336:20
ahead [4] - 322:8,
326:24, 336:17,
343:12
Air [8] - 322:4, 322:6,
322:11, 322:16,
322:20, 322:23,
324:12, 324:14
Alex [1] - 339:11
all-around [1] 312:12
allies [1] - 339:8
allow [1] - 343:6
allowed [1] - 311:19
alluded [2] - 339:16,
340:4
Alpha [3] - 308:11,
308:14, 308:17
American [4] - 303:1,
307:13, 307:14,
338:13
amount [1] - 333:18
analysis [1] - 323:9
analyst [1] - 302:4
AND [1] - 299:17
anecdotal [1] 313:22
Angeles [1] - 299:7
Angelo [1] - 322:5
answer [13] - 304:8,
307:9, 309:19, 311:4,
313:6, 316:15, 320:1,
326:8, 333:4, 334:18,
335:16, 336:15,
338:16
ANSWER [1] 343:18
answered [1] - 320:6
Case Name/number
apart [2] - 312:1,

318:14
apologies [1] 346:20
APPEARANCES [1] 299:1
application [1] 322:18
apply [1] - 322:21
appointments [3] 339:18, 339:21,
339:22
approach [3] 341:21, 341:23,
342:13
Aptitude [1] - 305:25
Arabic [1] - 306:5
argument [1] 313:19
Arlington [1] 299:20
Army [23] - 302:15,
302:17, 302:19,
302:22, 302:23,
303:5, 304:4, 306:4,
306:5, 309:2, 310:25,
311:25, 334:1,
334:11, 334:12,
334:13, 334:19,
334:23, 335:19,
335:22, 335:25,
336:1, 336:5
ARMY [1] - 299:18
arrived [1] - 322:10
Asian [2] - 302:11,
307:11
aspects [1] - 347:20
assigned [1] 312:14
assignment [2] 324:25, 326:16
assigns [1] - 306:7
assumed [1] - 320:6
attend [1] - 302:6
attended [1] - 302:7
attention [1] - 342:18
Attorney [1] - 299:19
attrition [5] - 306:19,
306:22, 306:23,
307:4, 307:20
August [1] - 324:21
Avenue [1] - 299:14
average [2] - 310:13,
312:10
award [1] - 334:20
awards [4] - 334:5,
334:10, 335:22, 336:6
awkward [3] 314:17, 314:18, 321:4
date
B
bachelor's [1] 333:22
bad [1] - 311:20
banded [1] - 339:8
barracks [5] 308:17, 308:21,
309:2, 312:19, 330:1
Base [8] - 322:4,
322:7, 322:11,
322:16, 322:20,
322:23, 324:12,
324:14
base [1] - 322:24
basic [7] - 303:8,
303:12, 303:14,
304:2, 305:5, 309:23,
310:3
basics [1] - 322:19
bathroom [6] 308:24, 318:20,
330:6, 330:9, 330:11,
330:15
Battery [1] - 305:25
battle [1] - 314:24
beach [1] - 319:2
became [3] - 318:22,
327:9, 335:8
become [2] - 335:12,
341:5
beginning [2] 303:17, 343:14
behalf [1] - 301:22
Behalf [2] - 299:3,
299:10
behave [1] - 315:4
beliefs [2] - 319:17,
329:1
best [1] - 317:2
better [1] - 312:4
between [2] 307:13, 307:19
bill [1] - 319:18
bit [2] - 315:6,
328:19
blog [1] - 340:4
blogs [1] - 337:22
book [1] - 343:25
books [1] - 318:11
boyfriend [1] 333:13
Bradley [1] - 299:13
branch [1] - 310:20
Branch [1] - 299:12
Bravo [2] - 308:4,
308:9
break [1] - 329:14
Brief [1] - 303:21
brief [1] - 327:5

briefly [1] - 313:21
brigade [3] - 310:22,
310:23
bring [1] - 315:13
business [1] - 302:4
BY [46] - 299:5,
299:5, 299:6, 299:12,
299:13, 299:13,
299:14, 299:19,
301:24, 304:1, 305:1,
306:18, 307:3,
307:21, 309:14,
310:16, 311:13,
314:8, 315:24,
316:19, 317:5, 318:2,
320:12, 321:1,
321:20, 322:14,
323:14, 323:20,
326:15, 327:20,
328:21, 332:20,
333:6, 334:9, 334:22,
335:18, 336:18,
337:13, 338:23,
339:23, 342:17,
343:2, 343:13,
343:22, 347:1, 347:14
C
Cabin [1] - 344:18
cake [1] - 305:15
California [3] 299:7, 301:1, 305:7
calm [1] - 319:21
Camp [10] - 324:17,
324:20, 324:22,
325:1, 325:5, 325:7,
325:9, 325:11,
325:25, 326:16
Campaign [3] 340:9, 340:11, 341:6
campaign [1] 340:22
capabilities [1] 325:21
capable [1] - 313:14
care [1] - 317:2
career [1] - 338:11
careful [1] - 327:25
CASE [1] - 299:4
Case [1] - 300:3
case [2] - 321:8,
321:9
category [1] - 306:2
Category [1] - 306:3
cell [1] - 323:6
Center [6] - 341:9,
341:11, 343:16,
347:16, 347:17,
347:18
centered [1] - 319:20
certain [2] - 306:13,
333:16
certainly [3] 307:12, 309:24, 316:3
challenge [1] 313:18
change [5] - 316:21,
328:7, 333:1, 333:5,
333:7
changed [2] 316:18, 347:23
changing [1] 328:10
character [2] 334:15, 335:16
characteristics [1] 318:3
charge [1] - 312:18
cheek [1] - 332:8
Cher [1] - 315:6
Chinese [1] - 306:6
CHLAPOSKI [1] 317:24
Chlapowski [33] 317:19, 318:16,
318:23, 319:14,
320:13, 321:11,
322:6, 325:5, 325:9,
325:24, 326:6,
326:23, 327:1,
327:13, 329:20,
330:2, 330:15,
330:17, 331:5, 331:8,
332:16, 336:1, 336:4,
337:7, 337:10,
339:12, 340:18,
344:24, 346:8,
346:13, 346:16,
347:3, 347:25
Chlapowski's [12] 318:3, 319:4, 320:17,
330:22, 331:2,
331:21, 331:24,
332:12, 345:20,
346:2, 346:12, 347:6
choose [4] - 305:9,
305:21, 315:7, 337:10
chose [2] - 337:7,
337:9
chosen [1] - 306:6
chuckle [1] - 320:9
circle [1] - 318:18
Civil [1] - 299:12
civilian [1] - 312:17
claim [1] - 313:23
class [8] - 303:10,
306:23, 306:24,
307:22, 307:24,
307:25, 318:8, 335:2
classroom [1] 307:15
clean [1] - 315:13
cleaning [1] - 312:17
CLERK [2] - 301:4,
301:9
close [10] - 314:20,
317:11, 317:14,
317:16, 317:18,
318:13, 319:1, 327:9,
327:12, 344:23
cloud [1] - 328:18
co [2] - 339:11, 340:8
co-founded [1] 339:11
co-sponsored [1] 340:8
cohesion [2] 313:20
collect [2] - 324:5,
326:21
collecting [1] 325:18
collection [2] 311:9, 324:5
comfortable [2] 314:20, 344:23
coming [2] - 314:24,
333:8
Commendation [8] 334:12, 334:13,
334:19, 334:23,
335:19, 335:25,
336:1, 336:5
common [2] - 316:7,
316:16
communication [1] 317:12
company [7] - 308:3,
308:5, 308:6, 308:7,
308:9, 308:12, 308:13
Company [5] 308:4, 308:9, 308:11,
308:14, 308:17
competence [1] 312:3
competitive [1] 318:6
compiling [1] 325:19
complete [8] - 304:2,
304:13, 304:14,
306:20, 312:14,
321:21, 321:24, 331:8
completed [1] 307:25
completing [3] 305:5, 322:2, 337:8
Case Name/number
complex [1] - 306:3

compliance [1] 335:4
component [3] 305:16, 305:18,
313:18
components [1] 311:11
comprised [1] 347:19
conception [1] 304:21
concern [1] - 317:3
concerned [1] 313:2
concerns [1] - 315:4
conclusion [1] 336:11
conducted [1] 301:17
conducts [1] 340:21
conferences [1] 337:21
conflict [1] - 302:25
confront [1] - 320:3
confronted [4] 319:10, 320:3, 320:7,
321:11
Congress [3] 337:24, 341:1, 344:10
Congresspeople [2]
- 339:24, 344:15
connection [2] 317:3, 343:25
considerate [1] 329:25
consisted [1] - 310:6
constantly [2] 314:23, 336:23
Cont'd)....................
.. [1] - 300:3
content [1] - 323:9
context [1] - 323:22
continue [1] - 327:1
continuous [1] 325:2
contract [1] - 331:10
contractor [1] 302:3
contributing [1] 335:14
conversationally [1]
- 305:20
conversations [5] 316:1, 317:7, 327:21,
327:23, 328:10
convey [1] - 304:20
conveying [1] 324:6
date
coordinated [1] 339:18

coordination [1] 340:21
copies [1] - 342:11
copy [2] - 342:9,
342:10
core [1] - 304:4
corporation [1] 311:7
correct [58] - 303:15,
307:1, 311:16,
311:17, 339:6, 339:9,
339:13, 339:15,
339:18, 339:19,
339:25, 340:2, 340:3,
340:5, 340:7, 340:9,
340:10, 340:14,
340:16, 340:17,
340:19, 340:20,
340:23, 341:2, 341:3,
341:10, 341:16,
341:19, 341:24,
342:22, 343:19,
344:1, 344:2, 344:5,
344:8, 344:12,
344:17, 344:19,
344:20, 344:24,
344:25, 345:3, 345:5,
345:6, 345:8, 345:9,
345:13, 345:17,
345:21, 345:22,
345:24, 346:1, 346:3,
346:4, 346:9, 346:14,
347:4, 347:7
Counsel [2] - 342:15,
343:4
counsel [2] - 342:24,
343:6
counsel's [1] 347:16
country [3] - 337:20,
338:14, 341:1
couple [4] - 324:15,
327:8, 334:11, 337:23
courage [1] - 304:24
course [4] - 307:25,
309:23, 309:24, 312:6
courses [1] - 306:21
court [1] - 301:5
Court [6] - 334:14,
342:1, 343:6, 345:14,
345:15, 346:19
COURT [60] - 301:13,
301:18, 303:19,
303:22, 304:7,
306:11, 306:24,
307:2, 307:8, 309:13,
309:18, 311:3, 313:2,
313:6, 313:11,
313:16, 313:21,
314:4, 314:7, 315:23,
316:12, 316:24,
317:21, 319:25,
320:16, 320:18,
321:15, 322:13,
323:16, 326:8,
326:14, 327:16,
328:13, 332:19,
333:3, 334:7, 334:17,
335:17, 336:13,
336:17, 337:12,
338:17, 338:20,
339:20, 339:22,
341:22, 341:25,
342:5, 342:9, 342:14,
342:20, 342:23,
343:4, 343:10,
343:12, 346:18,
346:21, 346:24,
347:9, 347:12
courteous [1] 315:10
crazy [3] - 319:5,
319:12, 319:13
created [1] - 318:4
cross [1] - 338:21
CROSS [2] - 300:6,
338:22
cross-examination
[1] - 338:21
CROSSEXAMINATION [1] 338:22
cryptologic [8] 323:3, 323:4, 323:12,
323:21, 324:2,
324:23, 324:24,
326:20
cultivate [2] 304:16, 321:6
cultivating [2] 318:8, 320:8
cultural [1] - 307:13
culture [2] - 303:3,
307:16
cultures [1] - 305:12
current [2] - 302:2,
302:5
D
Dan [1] - 299:5
data [2] - 325:19
day-to-day [3] 310:6, 312:1, 327:18
DC [1] - 299:15
debate [1] - 333:9
Defendants [1] -
299:10
defense [4] - 304:15,
323:24, 325:4
Defense [11] - 305:6,
305:9, 305:12,
305:25, 307:5,
307:23, 308:2,
317:15, 321:21,
321:24, 322:3
define [1] - 325:15
defined [1] - 331:16
defines [1] - 332:6
definitely [3] - 321:9,
327:3, 335:23
degree [1] - 333:23
demonstrate [1] 313:7
denied [1] - 338:17
denying [1] - 320:22
Department [1] 302:3
DEPARTMENT [1] 299:11
deployed [1] - 327:7
deposition [5] 341:15, 341:24,
342:19, 342:21,
347:15
depositions [1] 342:3
depth [1] - 325:20
Derek [4] - 308:19,
309:20, 319:18,
338:10
describe [3] 308:21, 330:1, 334:13
described [1] - 317:6
details [1] - 328:1
detaining [1] 324:10
develop [3] - 317:14,
327:2, 327:4
developed [1] 317:16
Devon [1] - 301:17
devote [1] - 338:3
devoted [3] - 338:4,
338:5, 338:7
different [12] 308:17, 308:18,
311:11, 326:2, 326:3,
334:11, 335:2, 335:7,
337:24, 345:2, 347:20
difficult [7] - 307:11,
309:22, 309:24,
333:11, 336:22,
337:2, 338:10
difficulties [1] 303:21
dinner [1] - 315:14
direct [5] - 339:3,

339:14, 339:16,
344:22, 345:19
DIRECT [1] - 300:6
director [1] - 340:18
disbelief [1] - 321:5
discharge [2] 310:5, 328:17
discharged [6] 309:4, 309:7, 310:8,
313:15, 314:11,
331:11
discharging [1] 313:14
disclose [1] - 325:22
disclosed [2] 346:16, 347:2
disclosure [1] 321:2
disconnect [1] 307:13
discriminatory [2] 338:9, 338:13
discuss [9] - 316:7,
316:17, 318:11,
321:12, 321:18,
328:1, 331:24,
333:11, 333:16
discussed [3] 331:22, 336:6, 346:11
discussing [5] 315:18, 316:5,
327:21, 328:3, 336:25
discussion [1] 321:16
discussions [2] 332:2, 337:19
disinterested [1] 318:15
dismiss [2] - 319:7,
319:8
distancing [1] 317:1
distinguished [2] 334:20
Division [2] - 299:12,
299:18
division [1] - 310:22
documents [2] 312:21, 342:12
done [5] - 311:8,
312:7, 337:20,
337:25, 341:9
double [1] - 302:10
downtime [1] 336:24
Dr [2] - 343:25, 344:3
draw [1] - 342:18
Droste [4] - 345:23,
346:2, 346:7, 347:24
Case Name/number
DROSTE [1] - 345:25

due [2] - 313:18,
313:23
duly [1] - 301:23
during [19] - 304:16,
308:14, 308:19,
309:3, 309:8, 309:11,
309:15, 310:5,
311:14, 312:13,
314:10, 318:18,
318:22, 325:11,
325:24, 327:2, 330:1,
332:25, 334:4
duties [1] - 310:6
duty [14] - 303:7,
303:9, 304:10,
304:11, 304:13,
304:16, 312:2,
327:10, 331:8,
332:21, 332:23,
333:20, 337:8
E
E2 [1] - 303:10
E4 [1] - 332:24
E5 [1] - 334:3
Earle [1] - 299:5
early [1] - 333:9
earn [1] - 336:1
easier [1] - 317:13
East [1] - 302:11
easy [1] - 317:12
echelon [1] - 308:6
eds [1] - 337:21
effectively [1] 304:20
effects [1] - 338:10
effeminate [1] 319:19
eight [2] - 310:21,
311:9
either [5] - 308:1,
310:7, 323:6, 328:3,
330:14
embarrassed [1] 320:20
emotions [1] 320:21
emphasis [1] 302:11
emphasizes [1] 304:4
employment [1] 339:2
end [4] - 305:23,
332:21, 332:23, 334:1
ended [2] - 331:10,
333:20
date
enemies [1] - 325:18

enemies' [1] - 325:21
engagements [1] 340:1
enhanced [1] - 337:3
enlist [1] - 302:19
enlisted [2] - 302:20,
333:21
ensure [1] - 312:19
ensured [1] - 335:4
entire [1] - 338:16
entirely [1] - 314:6
entrance [1] - 312:18
especially [1] 328:19
espouse [1] - 304:10
events [2] - 337:25
evidence [3] 313:22, 334:15,
335:16
exactly [3] - 318:13,
325:15, 325:17
examination [5] 301:17, 338:21,
344:22, 345:19, 347:9
EXAMINATION [2] 338:22, 347:13
examined [1] 301:23
examples [2] 323:25, 337:17
excelled [1] - 334:24
exceptional [7] 312:5, 312:12, 313:9,
314:15, 331:17,
334:21
exchanged [1] 329:15
excuse [2] - 316:12,
343:4
EXHIBITS [1] 300:10
expect [1] - 321:5
experience [7] 309:16, 316:4,
316:20, 316:25,
317:8, 317:9, 333:14
experienced [1] 314:22
experiences [2] 316:11, 316:17
expert [6] - 311:2,
335:8, 335:9, 335:11,
336:11, 336:13
explain [1] - 347:16
extremely [2] 317:11, 334:25
F
face [1] - 332:8
facilitates [1] - 317:9
facilities [1] - 305:13
fact [4] - 305:14,
342:11, 344:14, 346:2
factors [1] - 307:19
facts [1] - 346:17
fair [4] - 328:24,
344:6, 345:1, 345:10
fairly [1] - 316:7
family [1] - 302:24
fantasy [1] - 318:12
far [1] - 318:14
fear [1] - 328:18
February [2] - 305:8,
322:1
Federal [1] - 299:12
fellow [1] - 318:10
fervent [1] - 344:6
few [2] - 311:6,
347:10
fiction [1] - 318:11
field [1] - 340:21
Fifth [1] - 299:6
filing [1] - 312:21
fill [1] - 302:4
Fire [1] - 344:1
first [9] - 301:23,
303:7, 308:4, 314:17,
314:18, 317:22,
321:4, 333:8, 335:8
fit [4] - 311:25,
318:7, 319:18, 334:25
fitness [1] - 310:11
five [1] - 302:18
flamboyant [1] 319:19
following [2] - 343:3,
343:14
follows [1] - 301:23
force [1] - 324:3
Force [8] - 322:4,
322:7, 322:11,
322:16, 322:20,
322:23, 324:12,
324:14
forces [1] - 324:11
foreign [2] - 305:11,
305:12
forgot [1] - 319:8
Fort [3] - 303:8,
303:14, 303:16
foundation [5] 306:10, 307:6, 318:4,
323:13, 326:7
founded [1] - 339:11
Frank [2] - 343:25,
344:3
Freeborne [1] 299:12
frequently [2] 335:20, 335:21
friend [4] - 324:19,
331:17, 332:7, 338:10
friendly [1] - 324:7
friends [6] - 315:13,
318:22, 321:10,
327:9, 327:17, 329:23
friendship [6] 315:14, 318:4, 320:8,
321:6, 327:1, 327:12
friendshipcultivating [1] - 320:8
friendships [2] 317:14, 317:16
front [2] - 327:24,
329:18
Ft [10] - 326:17,
326:19, 326:23,
327:2, 327:6, 327:7,
330:23, 334:24,
335:8, 336:23
fulfilled [1] - 303:5
full [1] - 301:9
fun [2] - 329:3, 332:3
funny [1] - 320:23
G
game [1] - 328:24
Gardner [2] - 299:13,
300:8
GARDNER [47] 304:6, 306:9, 307:6,
309:12, 309:17,
311:1, 312:25, 313:5,
313:22, 315:22,
316:9, 316:23,
319:24, 320:15,
321:14, 322:12,
323:13, 326:7,
326:12, 327:15,
328:12, 332:18,
333:2, 334:6, 334:15,
335:15, 336:10,
337:11, 338:15,
338:23, 339:21,
339:23, 341:21,
341:24, 342:2, 342:6,
342:10, 342:13,
342:17, 342:22,
342:25, 343:2, 343:8,
343:13, 343:22,
347:1, 347:8
gay [20] - 314:21,
316:4, 319:2, 319:7,
319:9, 319:11,
319:13, 320:23,
320:24, 321:7, 329:6,
329:12, 329:14,
331:23, 332:10,
336:22, 339:8,
346:16, 347:3
gays [2] - 319:17,
332:4
gender [1] - 328:25
general [1] - 307:12
generally [8] 309:21, 310:7,
310:12, 310:21,
311:20, 323:5,
334:19, 335:13
Gerald [1] - 317:22
girlfriend [3] - 328:2,
333:13
gist [1] - 323:8
given [2] - 334:20,
335:20
glances [1] - 329:15
God [1] - 301:7
Goodfellow [8] 322:4, 322:6, 322:11,
322:15, 322:20,
322:23, 324:12,
324:14
graduated [5] 302:20, 309:23,
312:6, 335:1
Grant [1] - 299:19
grassroots [2] 337:25, 340:11
grave [1] - 338:9
great [3] - 315:8,
315:9, 329:25
ground [1] - 324:11
grounds [1] - 312:16
grounds-keeping [1]
- 312:16
group [7] - 310:19,
317:8, 341:11,
343:17, 343:20,
347:22
Guard [3] - 333:21,
333:24, 334:1
guarding [1] 312:18
guess [4] - 303:18,
311:25, 314:22, 332:7
guy [4] - 318:11,
318:12, 329:16,
330:20
H
hair [1] - 330:19
Case Name/number
hairy [1] - 330:20

hand [1] - 342:11
handle [1] - 327:23
hang [1] - 315:13
hanging [1] - 329:23
happy [1] - 342:7
hard [3] - 305:4,
318:9
head [1] - 314:23
hear [3] - 313:24,
329:9, 345:15
hearsay [6] - 320:15,
321:14, 321:15,
326:13, 327:15,
337:11
heinous [1] - 320:10
held [1] - 319:16
help [1] - 301:7
helped [1] - 335:12
helps [1] - 324:10
herself [1] - 311:8
high [6] - 302:20,
306:19, 306:22,
307:4, 307:20, 340:22
higher [2] - 306:1,
306:2
highly [1] - 313:14
himself [1] - 337:1
historically [1] 347:21
history [1] - 347:23
home [3] - 324:15,
324:18, 333:22
hometown [1] 324:16
homosexual [3] 319:15, 345:20, 346:8
homosexuality [3] 328:23, 328:24,
347:20
homosexuals [2] 332:3, 345:11
honest [2] - 304:19,
304:22
honestly [1] - 306:13
Honor [22] - 301:15,
301:20, 303:24,
311:2, 313:1, 313:8,
320:17, 326:12,
334:16, 336:10,
338:15, 338:19,
340:6, 340:25,
341:21, 342:10,
342:22, 342:25,
343:8, 343:11, 347:8,
347:11
hours [1] - 312:20
HRC's [1] - 340:18
human [1] - 332:7
Human [3] - 340:9,
date
340:11, 341:6
Humphreys [10] 324:17, 324:20,
324:22, 325:1, 325:5,
325:7, 325:9, 325:11,
325:25, 326:16
hung [1] - 327:10
hypothetical [1] 316:23
I
icing [1] - 305:15
immature [1] 329:10
impeachment [2] 342:3, 342:21
importance [2] 310:24, 311:5
important [6] 304:5, 317:7, 323:22,
323:23, 332:4, 335:14
importantly [1] 313:24
impression [2] 315:20, 316:22
improper [1] 338:16
improved [1] - 335:9
in-depth [1] - 325:20
inappropriately [1] 330:18
include [1] - 327:21
incorrect [1] 313:20
indicates [1] - 317:1
individual [4] 311:8, 313:23, 324:6,
345:4
individuals [1] 345:7
inform [1] - 342:23
information [3] 319:3, 323:9, 324:6
initiative [1] - 304:18
inquire [2] - 301:19,
347:12
instance [2] 329:13, 336:22
instances [1] 331:22
instead [1] - 328:5
Institute [10] - 305:6,
305:10, 305:13,
307:5, 307:23, 308:2,
317:15, 321:22,
321:25, 322:3
instructor [1] 335:11
integral [1] - 304:11

integrity [3] - 304:10,
304:18, 304:21
intelligence [7] 305:16, 305:18,
323:10, 323:23,
324:5, 325:14, 325:19
interaction [1] 317:6
intercept [2] - 323:5,
323:7
interceptor [1] 323:3
interest [5] - 317:2,
318:14, 318:23,
325:3, 325:18
interested [2] 303:3, 305:11
interests [2] 318:13, 329:24
international [1] 302:10
interned [1] - 339:4
interning [1] - 341:4
interrupt [1] - 303:19
interviewed [1] 343:24
interviews [1] 337:20
investigation [1] 328:16
involved [2] 326:11, 340:25
irrelevant [2] - 314:3,
333:2
irritating [1] - 329:7
issue [7] - 328:23,
328:24, 331:18,
338:7, 345:2, 345:8
issues [2] - 327:18,
333:16
itself [3] - 315:19,
344:9, 347:21
J
J-a-r-r-o-d [1] 317:23
Jarrod [17] - 317:19,
317:23, 319:1, 319:2,
319:7, 319:9, 319:10,
319:19, 319:22,
320:9, 326:11,
329:11, 329:15,
333:14, 333:15,
336:23, 338:11
job [9] - 311:8,
313:9, 314:14,
322:21, 325:13,
326:2, 326:22, 335:9,

335:13
jobs [1] - 314:10
join [1] - 302:22
joined [2] - 302:23,
315:21
joining [1] - 303:5
joint [1] - 322:24
joke [3] - 329:6,
329:12, 329:15
jokes [1] - 329:17
Joshua [1] - 299:13
July [1] - 301:1
June [7] - 302:15,
302:18, 303:7,
332:22, 333:25
JUSTICE [1] - 299:11
Justice [1] - 302:4
K
Kahn [1] - 299:6
keeping [1] - 312:16
kept [2] - 335:3
kind [11] - 312:14,
316:21, 317:1, 319:5,
321:5, 323:23, 327:8,
328:8, 329:15,
329:16, 332:8
knowing [1] - 345:20
knowledge [4] 330:22, 331:9,
332:11, 332:14
knows [1] - 306:11
Korea [2] - 324:17,
327:6
Korean [23] - 305:7,
305:21, 305:23,
306:6, 306:8, 306:15,
306:16, 306:17,
306:20, 306:24,
307:5, 307:14,
307:16, 307:22,
308:12, 309:23,
318:17, 323:2,
324:23, 325:4
L
lack [3] - 307:6,
323:13, 326:7
lacks [1] - 306:10
language [17] 303:3, 305:13,
305:19, 306:1,
306:25, 307:22,
308:12, 308:13,
318:9, 318:16,
318:17, 322:18,
322:19, 323:2,
324:23, 335:10
Language [11] 305:6, 305:9, 305:12,
305:25, 307:5,
307:23, 308:2,
317:15, 321:21,
321:24, 322:3
language-learning
[1] - 308:13
languages [5] 303:3, 305:12, 306:3,
306:5, 307:11
large [1] - 307:19
largest [1] - 339:7
last [9] - 314:5,
314:7, 317:21,
317:23, 335:15,
337:23, 338:16,
339:3, 341:14
late [1] - 315:12
latrines [1] - 312:17
launched [2] - 324:9,
328:17
law [4] - 315:18,
321:19, 338:9, 338:14
lay [6] - 311:1,
312:25, 313:3, 314:1,
336:11, 338:16
leader [1] - 335:2
leaders [1] - 329:18
leadership [1] 335:1
leading [3] - 309:17,
316:9, 329:19
learn [9] - 303:2,
305:21, 306:1, 306:4,
306:8, 306:20,
307:12, 318:23,
322:11
learned [2] - 326:11,
346:7
learning [9] - 305:7,
305:17, 305:19,
305:23, 308:13,
322:17, 322:19,
322:20
least [2] - 323:8,
336:21
leave [3] - 315:12,
324:15, 333:24
leaving [2] - 330:19,
337:14
led [2] - 328:16,
328:17
left [1] - 303:17
legal [1] - 336:11
Leonard [3] - 303:8,
303:14, 303:16
lesbians [1] - 319:17
Case Name/number
less [2] - 313:24,

323:19
level [4] - 312:24,
324:4, 340:22
levels [1] - 311:11
Lewis [10] - 326:17,
326:19, 326:23,
327:2, 327:6, 327:7,
330:23, 334:24,
335:8, 336:23
lies [1] - 320:10
life [1] - 316:4
lights [1] - 315:12
limit [1] - 328:9
Lincoln [2] - 302:8,
333:22
line [4] - 335:3,
338:12, 342:24, 343:6
Line [1] - 343:15
Lines [2] - 343:1,
343:9
linguist [4] - 323:3,
324:23, 324:24,
326:20
linguists [7] 306:15, 306:16,
323:4, 323:12,
323:21, 324:2
listen [1] - 315:6
listening [2] - 329:6,
329:11
literally [1] - 324:7
Litigation [2] 299:18, 299:19
live [4] - 305:2,
308:15, 308:19, 309:8
lived [8] - 308:16,
309:3, 309:15,
318:18, 327:5,
328:19, 328:20, 330:2
living [13] - 308:22,
309:11, 311:14,
312:13, 314:16,
314:18, 314:25,
315:2, 315:8, 315:9,
315:15, 329:25,
344:23
lobbied [2] - 337:24,
339:24
lobbying [2] 340:15, 344:10
location [1] - 324:8
lodge [2] - 342:3,
342:8
lodged [1] - 341:25
Log [1] - 344:18
logic [1] - 311:25
Los [1] - 299:7
lower [1] - 324:4
date
M
maintained [2] 335:9, 340:4
major [3] - 302:9,
302:11, 302:25
Major [1] - 299:19
man [4] - 314:21,
316:5, 319:1, 321:7
manifested [1] 344:9
masculine [1] 319:20
Massachusetts [1] 299:14
maximum [1] 312:11
mean [8] - 304:21,
310:19, 311:18,
314:13, 316:16,
328:14, 329:22,
347:25
means [2] - 311:20,
335:21
Medal [9] - 334:12,
334:13, 334:19,
334:23, 335:19,
335:23, 335:25,
336:2, 336:5
medals [1] - 334:11
media [1] - 339:18
media.. [1] - 339:20
meet [1] - 310:8
mellow [1] - 319:21
member [6] - 302:12,
302:17, 335:14,
341:5, 341:8, 344:18
members [4] 328:22, 337:24,
344:10, 345:16
men [1] - 318:6
menial [2] - 312:15,
312:20
mentioned [1] 339:3
met [1] - 344:14
might [2] - 315:4,
332:2
military [28] - 302:12,
302:24, 304:12,
304:14, 304:17,
305:14, 305:24,
306:7, 306:15, 308:7,
311:7, 315:21, 316:4,
316:7, 317:8, 318:6,
322:17, 323:12,
323:18, 323:22,
331:9, 333:8, 333:19,
334:4, 337:14,
338:11, 340:18,
345:12
Miller [1] - 299:5
mincing [1] - 336:23
mind [1] - 319:6
mine [1] - 328:1
minute [2] - 336:24
missile [1] - 324:9
mission [10] 304:12, 304:14,
311:6, 311:11,
311:12, 325:3,
325:16, 325:17,
326:3, 326:21
missions [5] - 311:7,
325:12, 325:14,
326:1, 326:5
Missouri [1] - 303:8
misstating [1] 346:23
mixed [1] - 337:6
moment [4] - 303:20,
324:4, 324:11
moment-tomoment [1] - 324:4
Monterey [1] - 305:7
months [7] - 308:20,
309:10, 322:8, 322:9,
324:13, 326:24,
337:23
morning [2] 301:25, 302:1
most [1] - 304:10
motion [1] - 338:17
move [3] - 326:12,
335:15, 338:15
moved [4] - 309:6,
327:6, 335:10
MR [48] - 301:15,
304:6, 306:9, 307:6,
309:12, 309:17,
311:1, 312:25, 313:5,
313:22, 315:22,
316:9, 316:23,
319:24, 320:15,
321:14, 322:12,
323:13, 326:7,
326:12, 327:15,
328:12, 332:18,
333:2, 334:6, 334:15,
335:15, 336:10,
337:11, 338:15,
338:23, 339:21,
339:23, 341:21,
341:24, 342:2, 342:6,
342:10, 342:13,
342:17, 342:22,
342:25, 343:2, 343:8,
343:13, 343:22,
347:1, 347:8
MS [45] - 301:20,
301:24, 303:24,
304:1, 305:1, 306:18,
307:3, 307:21,
309:14, 310:16,
311:13, 313:7,
313:12, 313:17,
314:8, 315:24,
316:19, 317:5,
317:23, 318:1, 318:2,
320:12, 320:17,
321:1, 321:20,
322:14, 323:14,
323:20, 326:15,
327:20, 328:21,
332:20, 333:6, 334:9,
334:22, 335:18,
336:18, 337:13,
338:18, 343:11,
346:17, 346:20,
346:22, 347:10,
347:14
multiple [1] - 342:11
must [1] - 312:2
mutual [1] - 320:8
Myers [4] - 300:8,
301:17, 303:19, 347:9
MYERS [45] - 301:20,
301:24, 303:24,
304:1, 305:1, 306:18,
307:3, 307:21,
309:14, 310:16,
311:13, 313:7,
313:12, 313:17,
314:8, 315:24,
316:19, 317:5,
317:23, 318:1, 318:2,
320:12, 320:17,
321:1, 321:20,
322:14, 323:14,
323:20, 326:15,
327:20, 328:21,
332:20, 333:6, 334:9,
334:22, 335:18,
336:18, 337:13,
338:18, 343:11,
346:17, 346:20,
346:22, 347:10,
347:14
337:25, 339:7
National [3] - 333:21,
333:24, 334:1
native [1] - 307:14
nauseam [1] - 329:3
Nebraska [3] - 302:7,
324:19, 333:22
necessarily [2] 316:5, 329:8
need [7] - 304:23,
311:10, 319:22,
320:3, 331:18, 342:3,
346:18
needed [3] - 312:7,
320:5, 335:5
needles [1] - 312:16
needs [1] - 306:4
nerds [1] - 318:10
nerve [1] - 328:14
nerve-racking [1] 328:14
neutralized [1] 324:8
never [8] - 314:22,
315:18, 330:16,
330:21, 331:7,
331:13, 331:15,
331:18
next [3] - 301:14,
305:5, 308:10
nice [1] - 338:24
Nicholson [3] 339:11, 339:14,
344:14
nine [2] - 308:20,
309:10
None [1] - 300:11
none [2] - 310:11,
332:15
normally [1] - 315:7
nothing [1] - 301:6
noticed [1] - 309:20
November [1] 302:20
number [4] - 340:1,
342:24, 343:6, 344:15
NW [1] - 299:14
N
name [7] - 301:9,
301:11, 317:21,
317:22, 317:24,
322:25, 328:4
Nathaniel [1] 343:25
national [6] - 304:15,
323:24, 325:4,
objection [46] 304:6, 304:7, 306:9,

306:12, 307:6, 307:8,
309:12, 309:13,
309:17, 311:1, 311:3,
312:25, 313:3, 314:4,
315:22, 316:9,
316:14, 316:23,
319:24, 320:15,
Case Name/number
320:18, 321:14,
321:17, 322:12,
323:13, 323:16,
326:7, 326:9, 326:14,
327:15, 327:16,
328:12, 328:13,
332:18, 333:2, 334:6,
334:15, 334:17,
335:17, 336:10,
336:14, 337:11,
343:10, 346:17,
346:21, 346:24
objections [1] 316:13
observe [1] - 309:11
obviously [8] 314:12, 320:19,
320:21, 322:19,
326:21, 328:25,
331:16, 345:4
occupation [2] 302:2, 302:5
occupational [1] 323:18
occupying [1] 309:7
OF [1] - 299:11
offering [1] - 336:11
office [1] - 301:17
offices [1] - 344:15
often [1] - 324:2
oil [2] - 316:18,
316:21
one [9] - 305:13,
307:11, 308:6,
317:18, 318:25,
320:7, 330:24,
335:19, 345:19
oOo [1] - 301:2
op [1] - 337:21
op-eds [1] - 337:21
open [3] - 317:12,
337:1, 345:11
openly [2] - 328:1,
333:16
operation [4] 325:12, 325:16,
326:1, 326:5
opinion [7] - 333:1,
333:18, 336:12,
336:13, 338:8,
338:12, 338:16
opinions [1] - 314:2
opportunity [1] 314:13
opposing [2] 342:24, 343:6
opposite [1] - 319:19
or.. [1] - 341:6
order [2] - 314:13,
date
333:18
ordinate [1] - 333:18
organization [7] 337:22, 339:4, 339:8,
340:12, 341:5, 341:8,
347:19
orientation [17] 316:3, 319:4, 319:23,
320:4, 320:5, 320:14,
321:2, 321:12, 329:2,
330:23, 330:25,
331:2, 331:21,
331:25, 332:6,
332:12, 333:12
otherwise [1] 313:14
ought [1] - 335:24
outlook [1] - 318:5
overall [1] - 313:16
overqualified [3] 310:15, 314:9, 314:12
overruled [22] 304:7, 306:12, 307:8,
309:18, 311:3, 314:4,
316:14, 316:24,
319:25, 320:18,
321:17, 323:16,
326:9, 326:14,
327:16, 328:13,
333:3, 334:7, 334:17,
335:17, 336:14,
346:24
own [2] - 308:25,
318:7
P
p-o-w-s-k-i [1] 317:25
page [2] - 342:24,
343:5
Page [6] - 300:2,
342:18, 343:1, 343:9,
343:15, 347:15
Palm [6] - 341:9,
341:11, 343:16,
347:16, 347:17,
347:18
panels [1] - 337:19
papers [1] - 312:21
Parker [1] - 299:13
part [2] - 307:20,
327:12
participate [1] 311:19
participated [2] 325:13, 340:1
participating [1] 311:15
particular [5] 308:7, 324:6, 325:3,

329:13, 330:24
partner's [1] - 328:4
pass [3] - 310:11,
315:5, 323:9
passed [2] - 309:24,
314:17
Patrick [1] - 299:19
paul [1] - 299:12
pause [1] - 303:21
peer [3] - 346:2,
346:6, 347:24
pending [1] - 301:5
peninsula [2] 306:16, 306:17
people [27] - 302:24,
306:5, 306:7, 306:14,
307:17, 307:22,
307:23, 307:24,
307:25, 308:16,
308:24, 310:21,
310:23, 317:14,
327:8, 329:18, 330:5,
331:20, 331:25,
332:1, 332:2, 332:11,
332:15, 336:21,
337:3, 338:2, 338:10
per [1] - 308:24
period [3] - 325:20,
327:5, 334:21
permitted [1] - 313:9
personal [10] 314:2, 315:25,
316:10, 316:17,
317:10, 318:12,
333:14, 333:16,
333:18, 336:25
personality [1] 319:21
phones [1] - 323:6
physical [3] 309:25, 310:11,
312:11
physically [2] 318:7, 334:25
picture [1] - 318:25
pine [1] - 312:16
pinpoint [1] - 324:8
PLAINTIFF [1] 300:6
plaintiff [1] - 301:22
Plaintiff [2] - 299:3,
300:3
point [5] - 314:22,
318:25, 319:9,
319:16, 329:22
policy [8] - 331:12,
331:14, 333:10,
333:15, 333:17,
337:24, 338:1
political [2] - 302:10,
340:11
portion [2] - 309:25,
342:20
pose [1] - 347:21
position [2] - 324:7
possible [1] - 321:6
posturing [1] 325:21
predetermined [1] 331:10
premier [1] - 305:13
present [1] - 346:13
press [1] - 337:21
presumably [1] 345:15
pretty [4] - 315:7,
315:9, 329:24, 338:9
primarily [1] - 305:19
principles [1] - 305:2
private [1] - 303:10
problem [4] - 303:24,
320:24, 328:16,
331:15
problems [8] 314:16, 318:19,
318:21, 327:19,
328:2, 330:14,
330:16, 330:21
proceed [2] - 343:5,
343:7
process [6] - 309:4,
309:7, 309:8, 310:5,
313:18, 313:23
professional [1] 319:21
proficient [3] 310:4, 310:10, 335:13
Programs [1] 299:12
progressed [1] 324:16
promotes [1] 313:20
pronoun [1] - 328:10
pronoun-changing
[1] - 328:10
protect [1] - 324:10
protecting [3] 328:25, 329:1, 329:2
protection [1] 324:3
proud [1] - 303:1
prove [1] - 321:8
provide [3] - 323:25,
324:3, 337:17
provided [1] - 342:12
proximity [2] 314:20, 344:23
public [2] - 307:17,

328:10
pull [1] - 312:1
punished [1] - 310:8
purpose [1] - 324:25
purposes [2] - 342:3,
342:5
pursued [1] - 333:22
pushback [1] - 329:4
put [2] - 306:13,
323:10
Q
qualified [2] - 313:8,
313:10
quality [1] - 332:6
quarters [1] - 312:18
QUESTION [1] 343:16
questions [5] 320:5, 338:18, 339:1,
347:8, 347:10
quick [1] - 347:10
quickly [1] - 318:18
quiet [1] - 315:12
quite [3] - 314:14,
319:19, 328:19
R
race [1] - 329:1
racking [1] - 328:14
radio [2] - 323:6,
337:20
raking [1] - 312:16
range [1] - 310:20
rank [3] - 303:9,
332:23, 334:2
rare [1] - 335:21
rate [5] - 306:19,
306:22, 306:23,
307:4, 307:20
rather [3] - 314:1,
320:22
react [1] - 319:3
reaction [2] - 320:14,
320:16
read [1] - 318:10
real [1] - 328:15
realize [2] - 312:8,
312:10
realized [2] - 312:5,
333:17
really [11] - 303:2,
304:13, 304:22,
305:4, 310:20, 317:3,
317:9, 320:3, 320:21,
Case Name/number
325:22, 329:3
reason [2] - 307:20,
320:6
reasonable [1] 333:10
reasons [1] - 302:23
receive [6] - 334:4,
334:23, 335:5,
335:24, 335:25, 336:6
RECEIVED [1] 300:10
received [3] 334:10, 334:11, 336:4
receiving [1] - 335:5
recent [1] - 347:23
reconnaissance [5] 325:12, 325:14,
325:15, 326:1, 326:5
record [3] - 301:10,
346:17, 346:22
RECROSS [1] 300:6
recruiting [1] 324:16
redirect [1] - 347:9
REDIRECT [2] 300:6, 347:13
reenlist [3] - 337:8,
337:9, 337:10
referring [2] 320:16, 322:22
reflected [1] - 312:24
regarding [2] 344:15, 345:11
regional [1] - 337:25
related [1] - 313:19
relationship [2] 316:21, 317:11
relationships [8] 316:2, 316:5, 316:8,
316:17, 317:18,
327:21, 327:23, 328:3
relative [1] - 323:17
relaxing [1] - 315:11
relevance [12] 304:6, 311:1, 312:25,
313:4, 313:5, 313:11,
313:13, 313:16,
315:22, 319:24,
328:12, 334:6
religious [1] - 329:1
remain [1] - 324:12
remember [3] 314:5, 315:18, 329:13
remembered [1] 333:8
repeal [12] - 337:24,
339:9, 340:12,
340:15, 341:2,
341:11, 343:17,
date
343:20, 344:4, 344:7,

344:10, 344:15
repealed [1] - 338:1
repeat [4] - 314:7,
336:16, 346:21,
346:25
report [5] - 303:6,
324:20, 331:4,
331:13, 332:12
reported [3] - 303:7,
303:9, 332:16
reports [1] - 323:11
Republicans [1] 344:18
required [1] - 333:17
requirements [1] 310:9
research [1] - 347:20
reserved [1] - 310:7
respect [1] - 334:25
respected [1] - 337:5
respectful [1] 330:21
respond [3] - 313:21,
316:20, 317:1
responded [1] 347:15
responsibilities [1] 339:17
rest [3] - 310:14,
310:17, 312:1
restrooms [1] 312:17
resume [1] - 303:23
review [1] - 343:6
ridiculous [2] 329:16, 333:17
Rights [3] - 340:9,
340:11, 341:6
rise [1] - 346:18
Riverside [1] - 301:1
role [5] - 302:4,
304:13, 304:19,
340:21, 341:13
room [8] - 299:15,
308:24, 308:25,
309:6, 330:5, 330:7,
330:10, 330:15
roommate [8] 315:10, 318:25,
319:6, 319:12,
320:10, 329:21,
329:25, 330:18
roommates [2] 330:4, 330:10
rooms [1] - 308:18
roughly [1] - 310:22
rule [1] - 307:16
rules [2] - 328:25,
329:1
run [1] - 329:3

running [1] - 325:2
Ryan [1] - 299:13
S
sacrifice [1] - 333:18
San [1] - 322:5
saw [1] - 311:25
scared [1] - 320:20
school [2] - 302:21,
322:19
science [2] - 302:10,
318:11
score [1] - 306:1
scored [1] - 306:2
Scott [1] - 299:14
second [1] - 303:10
sections [1] - 326:3
see [1] - 338:24
seeking [3] - 341:11,
343:17, 343:20
seeks [1] - 340:12
seem [2] - 333:11,
338:12
selected [1] - 306:20
sends [1] - 306:5
sense [3] - 304:13,
304:16
sensitive [6] 325:12, 325:14,
325:15, 325:22,
325:25, 326:5
separated [2] 310:14, 310:17
September [1] 303:18
sergeant [1] - 334:3
serve [1] - 323:21
served [2] - 332:10,
340:6
service [10] - 310:20,
323:22, 331:16,
332:23, 332:25,
334:5, 334:20,
334:21, 337:8, 345:11
servicemember [2] 313:23, 345:5
servicemembers [9]
- 316:8, 327:24,
345:1, 345:10,
345:15, 346:12,
346:15, 347:2, 347:5
Servicemembers [8]
- 337:23, 339:4,
339:7, 339:11,
339:17, 340:8, 341:4,
341:7
services [2] - 322:24,
323:21
serving [1] - 332:4
sets [1] - 308:17
several [1] - 308:16
sexual [16] - 319:4,
319:23, 320:4, 320:5,
320:13, 321:2,
321:11, 329:2,
330:23, 330:25,
331:2, 331:21,
331:24, 332:6,
332:12, 333:12
sexuality [2] 346:12, 347:6
shall [1] - 301:5
shared [7] - 308:24,
318:12, 329:24,
330:4, 330:5, 330:11
sharing [2] - 318:19,
330:14
show [1] - 313:12
showed [3] - 318:25,
337:4, 337:5
shower [3] - 318:20,
330:6, 330:20
shredding [1] 312:21
sic] [1] - 317:24
signals [4] - 323:2,
323:5, 323:6, 323:7
significant [2] 335:22, 335:23
similar [1] - 318:5
Simpson [1] - 299:14
situation [7] - 315:1,
315:2, 315:8, 315:9,
315:15, 329:25, 330:9
six [1] - 324:13
size [1] - 310:20
skill [1] - 312:24
skilled [1] - 310:1
skills [6] - 310:3,
312:9, 318:8, 318:10,
322:18, 335:10
slap [1] - 332:8
sleeping [1] - 315:11
slipped [1] - 328:15
small [1] - 305:18
smaller [1] - 323:19
soldier [17] - 309:16,
309:22, 310:1, 310:9,
310:12, 310:13,
311:18, 311:21,
312:4, 312:5, 312:12,
313:8, 314:2, 331:17,
332:7, 332:10, 334:24
soldiering [2] 310:3, 318:10
soldiers [10] - 308:8,
308:13, 310:3,
310:19, 311:9,
311:10, 312:8,
313:14, 335:2
solely [2] - 343:21,
343:23
solemnly [1] - 301:4
someone [1] 316:20
somewhat [1] 347:23
sorry [6] - 303:13,
303:19, 303:23,
318:1, 339:20, 346:21
sort [20] - 304:11,
304:18, 304:21,
304:23, 312:15,
312:20, 314:25,
318:5, 318:7, 319:18,
319:20, 320:7, 324:3,
324:4, 328:18, 329:3,
329:7, 332:8, 334:21
space [3] - 318:20,
330:1, 330:14
spacious [5] - 309:1,
309:2, 330:7, 330:8,
330:12
Spanish [1] - 303:1
speaking [4] 309:21, 310:12,
316:12, 340:1
specialist [1] 332:24
Specialist [33] 317:18, 318:3,
318:16, 318:23,
319:14, 320:13,
320:17, 321:11,
322:6, 325:5, 325:9,
325:24, 326:6,
326:23, 327:1,
327:13, 329:20,
330:2, 330:15,
330:17, 330:22,
331:2, 331:5, 331:8,
331:21, 331:24,
332:12, 332:16,
336:1, 336:4, 337:7,
337:10, 347:25
specialized [1] 323:19
specialties [1] 323:18
specialty [1] - 322:25
specifically [2] 323:2, 343:24
specifics [1] 325:23
speculation [4] 306:9, 307:7, 316:10,
332:18
Case Name/number
spell [2] - 301:9,

317:21
spent [1] - 318:7
spoken [3] - 337:14,
337:17, 338:6
sponsored [1] 340:8
spreading [1] 320:10
squad [1] - 310:21
stand [1] - 301:3
standing [1] - 319:1
started [4] - 307:23,
307:24, 308:2, 314:18
state [3] - 301:4,
301:9, 343:5
STATES [2] - 299:11,
299:18
States [2] - 302:15,
326:22
stationed [4] 303:11, 322:2,
322:23, 326:23
stay [2] - 303:16,
325:7
Stephanie [2] 328:5, 328:7
STEPHEN [3] 300:7, 301:12, 301:21
Stephen [3] - 301:3,
301:11, 301:16
stereotyping [1] 319:16
Steve [2] - 328:5,
328:6
Steven [1] - 328:5
still [2] - 305:2,
319:16
stop [1] - 320:10
stories [1] - 320:8
story [3] - 319:6,
319:12, 320:23
straight [2] - 320:6,
339:8
Street [1] - 299:6
stressful [1] - 336:25
strictly [1] - 308:12
strike [4] - 326:12,
335:15, 338:15,
338:17
strong [3] - 302:24,
304:16, 344:3
struggled [1] 333:15
Stuart [1] - 299:20
student [1] - 318:17
students [3] - 307:5,
307:13, 335:1
studied [1] - 318:9
studies [2] - 302:10,
date
302:11
studying [1] - 318:16
stuff [1] - 329:9
subject [1] - 322:15
subjects [1] - 328:11
substantive [2] 313:18, 342:4
successfully [1] 304:2
suite [2] - 308:23,
330:4
Suite [2] - 299:7,
299:20
summer [2] - 337:23,
339:3
superiors [2] 330:23, 332:16
supervisor [6] 330:24, 331:1, 331:3,
331:4, 339:14, 347:25
supervisors [1] 345:20
support [3] - 325:12,
325:25, 326:6
supportive [1] 307:15
surveillance [1] 325:3
sustained [5] 309:13, 315:23,
322:13, 332:19,
337:12
swore [1] - 341:17
sworn [1] - 301:23
T
tactical [2] - 324:4,
326:21
tactical-type [1] 326:21
tactically [2] 310:10, 335:12
talented [1] - 309:22
target [2] - 324:6,
325:23
targets [2] - 325:3,
325:18
tasks [8] - 310:2,
312:14, 312:15,
312:21, 312:23,
313:10, 314:13
taught [1] - 310:3
teach [1] - 312:9
teachers [2] - 307:14
technical [3] 303:21, 322:17, 335:9
technically [2] 310:10, 335:12
tedious [1] - 328:8

ten [1] - 303:17
tend [4] - 304:9,
307:11, 307:14,
307:17
tended [1] - 304:15
tense [2] - 314:25,
315:2
term [1] - 331:8
terms [6] - 312:1,
315:25, 319:8, 319:9,
323:8, 325:4
test [2] - 305:24,
310:11
testified [2] - 301:23,
344:22
testimony [4] 301:4, 336:11, 342:4,
346:23
tests [1] - 305:25
Texas [1] - 322:5
THE [87] - 301:4,
301:8, 301:9, 301:11,
301:13, 301:18,
303:19, 303:22,
304:7, 304:9, 306:11,
306:13, 306:24,
307:1, 307:2, 307:8,
307:10, 309:13,
309:18, 309:20,
311:3, 311:5, 313:2,
313:6, 313:11,
313:16, 313:21,
314:4, 314:6, 314:7,
315:23, 316:12,
316:16, 316:24,
316:25, 317:21,
317:25, 319:25,
320:2, 320:16,
320:18, 320:19,
321:15, 321:18,
322:13, 323:16,
323:17, 326:8,
326:10, 326:14,
327:16, 327:17,
328:13, 328:14,
332:19, 333:3, 333:5,
334:7, 334:8, 334:17,
334:19, 335:17,
336:13, 336:16,
336:17, 337:12,
338:17, 338:20,
339:20, 339:22,
341:22, 341:25,
342:5, 342:9, 342:14,
342:20, 342:23,
343:4, 343:10,
343:12, 343:19,
346:18, 346:21,
346:24, 346:25,
347:9, 347:12
Thomas [18] 308:19, 308:22,
309:3, 309:9, 309:15,
311:15, 311:22,
313:8, 313:25, 314:1,
314:9, 314:16,
314:19, 315:4,
315:16, 315:25,
318:19, 319:18
Thomas's [2] 312:3, 312:24
three [4] - 322:8,
322:9, 326:24, 333:21
throughout [1] 306:15
together [7] 317:13, 323:11,
327:5, 327:11,
329:23, 339:9, 341:14
tongue [1] - 332:8
top [2] - 318:8, 335:1
Tour [2] - 340:6,
340:25
tour [2] - 337:25,
340:8
tradition [1] - 302:24
traditionally [1] 347:21
train [2] - 314:13,
326:22
trained [2] - 314:14,
326:20
trainer [2] - 310:2,
312:8
training [18] - 303:8,
303:12, 303:14,
304:2, 305:5, 309:25,
312:11, 321:21,
321:24, 322:2, 322:8,
322:15, 322:24,
323:1, 329:14, 335:1,
335:5, 335:6
transcript [2] 341:25, 342:7
transitioned [2] 308:11, 322:4
translate [1] - 323:8
transmissions [1] 323:6
transmitted [1] 323:7
travel [1] - 303:4
traveling [1] - 340:25
treat [1] - 328:22
tried [1] - 318:8
true [1] - 339:10
trust [1] - 337:3
trusted [1] - 337:5
truth [5] - 301:6,
341:17, 341:19
try [1] - 305:4
trying [2] - 313:7,
338:1
two [8] - 304:9,
307:19, 308:17,
308:18, 308:23,
330:5, 330:11, 335:7
type [4] - 310:1,
310:23, 324:4, 326:21
types [2] - 317:6,
328:10
U
U.S [2] - 302:12,
302:17
ultimate [1] - 313:13
unauthorized [1] 312:19
uncomfortable [7] 320:19, 320:22,
329:8, 329:12,
346:15, 347:2, 347:6
under [6] - 309:4,
314:11, 328:19,
328:20, 331:11,
332:12
understood [2] 343:8, 343:16
Unfriendly [1] 344:1
unit [19] - 310:14,
310:17, 310:18,
310:19, 310:24,
311:5, 311:10,
311:15, 311:19,
312:1, 313:20, 325:2,
326:25, 327:6,
328:22, 335:8,
335:11, 335:12
uNITED [1] - 299:11
United [10] - 302:15,
326:22, 337:23,
339:4, 339:7, 339:11,
339:17, 340:8, 341:4,
341:7
UNITED [1] - 299:18
units [6] - 308:6,
326:2, 335:7, 335:14,
336:9, 336:20
universities [1] 337:20
university [1] - 302:6
University [1] - 302:7
unprofessional [2] 329:10, 329:17
up [6] - 305:23,
314:22, 319:6,
Case Name/number
319:16, 328:15, 332:9

urging [1] - 341:1
utterly [1] - 314:2
V
V-o-s-s-l-e-r [1] 301:12
vague [2] - 309:12,
322:12
vaguely [1] - 328:4
values [3] - 304:4,
304:9, 338:13
various [2] - 337:19,
339:24
veterans [1] - 339:8
via [1] - 323:6
viable [1] - 313:24
view [8] - 310:24,
311:5, 311:18,
316:10, 323:22,
325:20, 328:23,
328:24
views [4] - 313:25,
345:2, 345:7, 345:14
violation [3] - 331:5,
331:13, 332:17
Virginia [1] - 299:20
visitors [2] - 312:19,
312:20
voice [3] - 323:2,
323:5, 323:7
Voices [2] - 340:6,
340:25
volunteered [2] 310:2, 337:22
VOSSLER [2] 300:7, 301:21
Vossler [7] - 301:3,
301:11, 301:16,
338:24, 342:18,
343:3, 343:14
Vossler's [3] 313:22, 314:1, 346:23
W
wake [1] - 332:9
wake-up [1] - 332:9
walk [1] - 342:15
War [1] - 303:1
Washington [3] 299:15, 326:17,
326:19
watched [2] - 336:6,
338:9
ways [1] - 327:4
Wednesday [1] -
date
301:1
week [2] - 319:10,
341:14
weekends [1] 333:13
weeks [2] - 303:17,
324:15
West [1] - 299:6
whereas [4] 307:14, 319:17,
322:18, 328:25
WHITE [1] - 299:4
whole [1] - 301:6
widespread [1] 323:19
WITNESS [26] 300:6, 301:8, 301:11,
304:9, 306:13, 307:1,
307:10, 309:20,
311:5, 314:6, 316:16,
316:25, 317:25,
320:2, 320:19,
321:18, 323:17,
326:10, 327:17,
328:14, 333:5, 334:8,
334:19, 336:16,
343:19, 346:25
witness [9] - 301:3,
301:14, 301:22,
311:2, 313:1, 313:3,
314:1, 336:11, 341:23
witnessing [1] 333:14
Wood [3] - 303:8,
303:14, 303:16
WOODS [1] - 301:15
Woods [1] - 299:5
word [1] - 338:1
words [1] - 336:24
world [1] - 305:14
worried [1] - 314:25
written [2] - 337:21,
337:22
Y
year [2] - 325:8,
325:10
years [2] - 302:18,
333:21
young [1] - 318:6
yourself [3] - 304:19,
304:23, 345:8

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

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

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Case 2:04-cv-08425 Trial Day 2 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

Wednesday, July 14, 2010

THERESA A. LANZA, RPR, CSR

Wednesday, July 14, 2010

Trial Day 2, Volume II

WHITE & CASE

UNITED STATES DEPARTMENT OF JUSTICE

UNITED STATES ARMY

Wednesday, July 14, 2010

Trial Day 2, Volume II

Wednesday, July 14, 2010

Trial Day 2, Volume II

Riverside, California; Wednesday, July 14, 2010; 10:48 A.M.

(Stephen Vossler takes the witness stand.)

Do you solemnly state that the testimony

help you God?

Please state your full name and spell it

for the record.

My name is Stephen Vossler.

You may call your next witness.

We're calling Mr. Stephen Vossler.

Thank you, Your Honor.

examination will be conducted by Devon Myers of our office.

You may inquire.

Thank you, Your Honor.

called as a witness on behalf of the plaintiff, having been

first duly sworn, was examined and testified as follows:

Wednesday, July 14, 2010

Trial Day 2, Volume II

What is your current occupation?

Currently, I am a contractor for the Department of

What was your major there?

I was a political science and international studies double

major, with an emphasis on East Asian studies.

Have you ever been a member of the U.S. military?

Yes, I have been.

From when to when?

I was in the United States Army from June of 2001 to June

For five years, from June of 2001 to June of 2006.

When did you enlist in the Army?

I enlisted in November of 2000, before I graduated high

And why did you join the Army?

For a lot of reasons.

strong tradition in my family of people being in the military.

I think we've had somebody in every major conflict since the

I fill a business analyst role.

Before you worked at your current occupation, did you

I attended the University of Nebraska,

Wednesday, July 14, 2010

I joined the Army because there's a

Trial Day 2, Volume II

Spanish American War.

and I really wanted to do.

got to travel, which was something else I wanted to do; so

joining the Army fulfilled all of these for me.

And when did you report?

I first reported for duty around June 25th of 2001, at

Fort Leonard Wood, Missouri, for basic training.