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In a half-dozen national security lawsuits we’ve been following, the Obama administration has so far largely stuck by the positions taken by the Bush administration. (The one significant exception has been the recent decision to file criminal charges against the only remaining U.S.-based “enemy combatant.”)
These decisions may be a temporary fix that will buy the administration time to think through its views. Or, it could indicate that the new administration simply doesn’t want to be squeezed into making policy in the court room.
One of the examples offered by ProPublica, which offers a handy chart of the relevant cases:
The Bush position on the habeas petition of four Bagram Air Base detainees:
Four detainees at the prison in Afghanistan asked a federal judge to determine whether they have the right to challenge their detention in a civilian court, like their counterparts at Guantanamo Bay. The judge gave the new administration an extra month to decide whether it would back the Bush administration’s argument for dismissing the case.
The Obama position:
Obama administration lawyers replied last Friday: “Having considered the matter, the Government adheres to its previously articulated position.” That position includes the concept of a global battlefield that would allow indefinite detention of prisoners like the petitioners, who say they were picked up outside Afghanistan, far from any traditional battlefield.
More from Ken Silverstein:
Commentary — November 17, 2015, 6:41 pm
The Clintons’ so-called charitable enterprise has served as a vehicle to launder money and to enrich family friends.
Years ago, I lived in Montana, a land of purple sunsets, clear streams, and snowflakes the size of silver dollars drifting through the cold air. There were no speed limits and you could legally drive drunk. My small apartment in Missoula had little privacy. In order to write, I rented an off-season fishing cabin on Rock Creek, a one-room place with a bed and a bureau. I lacked the budget for a desk. My idea was to remove a sliding door from a closet in my apartment and place it over a couple of hastily cobbled-together sawhorses.
Average exam score, in a SUNY-Fredonia study, for students who only listened to a podcast of their professor’s lecture:
Boys in Taiwan are likelier than girls to vomit in order to lose weight.
Hundreds of women in yoga pants marched through Barrington, Rhode Island, to defend their right to wear the garment, and Trump vowed to sue every woman accusing him of sexual assault. “I look so forward to doing that,” he said.
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"She never thanked me, never looked at me—melted away into the miserable night, in the strangest manner I ever saw. I have seen many strange things, but not one that has left a deeper impression on my memory than the dull impassive way in which that worn-out heap of misery took that piece of money, and was lost."