State Secrets: Obama AND Bush Position Rejected

The first sign that the Obama DOJ would replicate many of the worst and most radical arguments of the Bush DOJ was in the Jeppesen case, a lawsuit brought by five victims of the CIA's rendition and torture program (including Binyam Mohamed). [...]

Today, in a 26-page ruling (.pdf), the appellate court resoundingly rejected the Bush/Obama position, holding that the "state secrets" privilege -- except in extremely rare circumstances not applicable here -- does not entitle the Government to demand dismissal of an entire lawsuit based on the assertion that the "subject matter" of the lawsuit is a state secret.

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Comments

[CheshireCat 2]

I am glad the courts will protect us from Bush/Obama

[NWRICK]

YOU ARE A NAME TRO//. A FRAUD!

[rizvisa1]

Amen to the ruling

[cbates]

Another great political hand played by President Obama. He took the reported position knowing that the case would not go through and in doing provided cover for himself with the more conservative politicians. Bravo Mr. Obama

[t iessa]

LOL!!! Yeah, that's what he did. You're funny!

[norkas]

Yes he did that for sure. He is very street smart with a harvard degree and the Republicans have no clue that this guy is brillant.

[kmswriter]

Like a poker player - if you are always smiling no one knows what cards you hold -I second - bravo Obama

[scooperss]

Good news hopefully. I expect it will be appealed and appealed and appealed etc.

[norkas]

I am a businessman that is consertive who proudly supported Barak Obma before and after he ran.for Pres.

Had Palin Mc Cain won the election we decided to leave AMerica and close the business and open it where our new life begins.

I am very happy with this ruling and the fact Barak Obama sided with Bush does not bother me at all. The good news is that Dems are NOT Robots with extreme ideas like the Republicans who now are mostly on the extreme right.

Dems disagree and have different ideas but the whole they love most of Barak Obamas ideas and future for America

[jham710]

This is great news.

http://www.thehamandlegsshow.com

[swift goat pet for truth]

Good.

Obama's position on this is rotten. Just like Bush's position was rotten.

[Gma11]

Amen.

[bigsexyshaq]

It will be a pretty boring next four years if things go the way you expect them to. His approval ratings start high and slowly decline as people start to realize he's just like Bush. Try writing a book. Life isn't that obvious and bland.

[TRYKER]

This looks like more of the Obama strategy to get the courts to declare that excuse null and void. I don't for a minute believe that Obama has adopted any of Bush's policies, but that he is using the courts to do what needs to be done and is willing to take a few punches for the cause. Imagine the uproar he'd be getting if he just said....nah, Bush was wrong, lets just open it up.
This way the rethugs will have to say, well he was trying to keep it all secret, but the court says no dice.

[jham710]

I like how you think.

http://www.thehamandlegsshow.com

[Kaves]

Im starting to move more and more towards that idea myself, on many of his policies. Some things the administration is doing are just so blatant he's almost inviting us to exercise our laws. And we all knows he's very very crafty.

[pfrogger]

Finally good news.
I like Obama in general, but I can not disagree more strongly with his continuation of Bush policies of torture, rendition, and suspension of habeas corpus at will.
And don't tell me he's not continuing torture. When they rendition someone, they don't kidnap them to a secret location and win them over with Care Bear hugs.

I disagreed strongly with Bush over the continued destruction of America's morality with his positions on torture, rendition, and habeas corpus. Just because Obama's in charge, doesn't mean I can support those human rights violations.

I'll say the same thing to Obama that I would to Bush. On these issues you are a disgrace to human beings everywhere and to humanity. You have not strived for greatness, but for the "anything to protect the country" mentality, that is obviously flawed. A good deterrent for terrorism is torture their children, but of course we don't do that. Have you no decency sir? After 8 years of Bush and Co. and the damage they have done to our country, have we learned nothing. To you and Bush: up yours.

[scooperss]

fanned 4 sure.

[Lion24]

GOOD.

[TheQuestion]

But how do we know that Obama wasn't looking for this decision. Did he not say we will make certain changes when we figure out to make it so the next admin can't just change it back ??

Wouldn't this accomplish that ?

I'm just not convinced that he really does intend to take the same tack as the Bush administration.

[pjburke]

Trying to guess a "secret motive" for any political actor's actions is just unfounded speculation. Best to take their actions at face value, and judge them on the merits.

[kkeydel]

It seems that there's a pattern of overreach within the Obama administration, but it doesn't apply only with progressive change. It will be interesting to hear the decision on the FISA overreach as well. Let's hope that any of these issues where Obama is trying to carry on constitutional decisions of the Bush administration are quickly put to rest.