The Obama Justice Department continues to stand behind a Bush era law meant to prevent lawsuits against telecommunications companies accused of illegally sharing private customer information with intelligence agencies.From Dispatches from the Culture Wars
Yet another absolutely appalling example of the Obama administration continuing a vile Bush administration position in a legal case with a profound effect on freedom and the rule of law. Now the Obama DOJ is continuing to support the Bush administration's position that prisoners do not have a right to access DNA evidence that may prove their innocenceFrom Dispatches from the Culture Wars
Do not adjust your monitor. This is not a repeat. The Obama administration is defending yet another Bush administration position in the war on terror, arguing that the courts have no jurisdiction over military prisons overseas other than Guantanamo Bay.From Dispatches from the Culture Wars
Stop me if you've heard this one before. The Obama administration is now maintaining the Bush position on that missing email case in federal court, seeking to prevent a ruling that would require the government to preserve the backup tapes for millions of emails sent from within the White House.From Dispatches from the Culture Wars
Bruce Fein writes about a second case where the Obama administration has continued the Bush position and invoked the state secrets privilege in order to avoid judicial scrutiny, this time of the warrantless wiretapping program:andMr. Obama invoked the state secrets privilege a second time last week to block litigation challenging the legality of the Bush-Cheney "Terrorist Surveillance Program" (TSP) that he had assailed as a senator. For five years, the TSP targeted American citizens on American soil for electronic surveillance on the president's say-so alone to gather foreign intelligence in contravention of the warrant requirement of the Foreign Intelligence Surveillance Act (FISA). Intentional violations are federal felonies.
Fein also writes of a case I haven't heard of yet where Obama has apparently chosen to defend John Yoo against a lawsuit by Jose Padilla:From Dispatches from the Culture WarsAt the same time, Mr. Obama was deciding to defend the arch-defender of torture, former Deputy Assistant Attorney General John Yoo, from a suit brought by Jose Padilla. The complaint alleges that Mr. Yoo concocted the legal justification for detaining and harshly interrogating Padilla as an "enemy combatant" without accusation or trial. (The United States later recanted its enemy combatant allegation).
Nat Hentoff, the only rational person writing for the Worldnutdaily (okay, he doesn't actually write for them; he writes a syndicated column that they publish), writes about the many ways Eric Holder is maintaining the same positions the Bush administration did, some of which I was unaware of. For instance, he supports the Bush policy that allows the FBI to begin surveillance without ever getting a warrant
He also supports the amended FISA provisions that continue to allow the NSA to conduct warrantless wiretapping.