Witt v. Department of the Air Force et al

Filing 63

MOTION for Protective Order by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker. Oral Argument Requested. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) Noting Date 3/12/2010, (Phipps, Peter)

Witt v. Department of the Air Force et al

Doc. 63 Att. 4

EXHIBIT 4
Excerpts from Deposition of Col. Janette Moore-Harbert

Dockets.Justia.com

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA ____________________________________________________________ ) MAJOR MARGARET WITT, ) ) Plaintiff, ) ) v. ) No. C06-5195 RBL ) UNITED STATES DEPARTMENT OF THE ) AIR FORCE, et al, ) ) Defendants. ) ____________________________________________________________ DEPOSITION UPON ORAL EXAMINATION OF COLONEL JANETTE MOORE-HARBERT ____________________________________________________________ TAKEN AT Carney Badley Spellman 701 Fifth Avenue, Suite 3600 Seattle, WA 98104

FEBRUARY 25, 2010

THURSDAY, 9:00 A.M.

Reported by: MARIE WHITE, CSR # WH-IT-EM-*29906

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Q. A.

I don't care whether they -Again, when I look at from the standpoint of an association, no, I do not remember anybody that I have had as a connection with. It is again it is possible

that they were, I just -- it is not something that I'm asking or recognizing. Q. So first of all, no one ever came to you who was in the military and said I am gay or lesbian; right? A. Q. That's correct. At any point in your career has anyone in the Air Force or any other branch of the service come to you and say that they suspect that a person is gay or lesbian? A. Q. A. Q. A. I don't remember that happening. Really? I don't remember that happening. You don't remember? Someone coming to me to say that I believe that this person is gay. Q. In your thirty-two years do you remember having any responsibilities that caused you to learn that somebody was gay or lesbian other than Major Witt? A. Q. A. Q. To learn that? Yes. I don't remember of that happening. And using suspect the way I said it, that is that it

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crosses your mind to think this person probably is of this sexual orientation. In thirty-two years other

than Major Witt have you ever suspected any other person in the Armed Forces to be gay or lesbian? MR. PHIPPS: form. A. Q. I don't know. You don't remember ever suspecting any such person? MR. PHIPPS: A. Objection, vague. Objection, characterization and

My focus is I focus on the fact that I try to keep myself professional. out. I am not interested in finding

Q. A.

I am not asking if you're interested. And from the standpoint of I don't lead myself down that line of trying to say I am going to suspect one way or the other.

Q.

So are you saying that you actively prevent yourself from considering the possibility whenever you meet anyone, you just don't want to consider it?

A.

I don't think that is an important avenue unless it brought to me specifically against that criteria that we discussed with the military.

Q. A. Q.

Okay. That there is a concern. How about outside the military?

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A. Q.

I can't say that for certainty. Okay. to cry? Is it considered unprofessional for an officer

A.

No, it is not considered unprofessional for an officer to cry.

Q.

Is it embarrassing to an officer in the military to cry in front of other military members? MR. PHIPPS: Objection, foundation.

A. Q. A.

I think it would depend on the officer. How about you? I find it difficult and embarrassing to cry in front of people.

Q.

Would you agree that just given our social and natural history of gender stereotypes and stuff that it is particularly difficult for a woman officer in the military to be seen crying by others because it affects her -- potentially affects her career? Do you know what I'm asking?

A.

I know what you are asking.

I think you are looking at

whether there is a different standard that says okay is it all right for a female to cry. Q. A. Mm-hmm. I believe that in our world, in the medical world, you are going to see a lot more of emotions. that because we are nurturers. I believe

I think that again it

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baseball. A. Q.

Do you remember that?

I do remember that. Do you think there is a similar ethic that there is no crying in the military by officers?

A.

I think because there is an aspect of trying to be strong.

Q. A.

Mm-hmm. And I think that across the board especially if you are in somewhat of a leadership-type position that you want to be able to demonstrate that you are strong. And

that you can continue, that you won't emotionally break down in an issue. Q. A. Mm-hmm. And I think that is what leads towards the aspect about seeing someone that is of a senior position crying that that is difficult. Q. A. Mm-hmm. I don't know if it is necessarily one that is in a negative context. a -Q. A. It's personal. It's one of those issues that because you want to perceive yourself as being strong. Q. A. And being seen crying is the opposite of that? It could be. I just believe that that's kind of