From Blogger Aaron Belkin, via the Huffington Post:
"A new study, about to be published by a group of experts in military law, shows that President Obama does, in fact, have statutory, stroke-of-the-pen authority to suspend gay discharges. Obama could simply invoke his authority under federal law (10 U.S.C. §12305) to retain any member of the military he believes is essential to national security.
Or he could take advantage of a legal loophole. The "don't ask, don't tell" law requires the military to fire anyone found to be gay or lesbian. But there is nothing requiring the military to make such a finding. The president can order the military to stop investigating service members' sexuality.
An executive order would not get rid of the "don't ask, don't tell" law, but would take the critical step of suspending its implementation, hence rendering it effectively dead. Once people see gays and lesbians serving openly, legally and without problems, it will be much easier to get rid of the law at a later time."
Catch Dan Choi, the law's latest victim, below: