Obama Administration Sides With Bush Administration on Key Cases Involving Missing Emails, Right to DNA Evidence, and Executive Privilege

220px-barack_obamaIn the last week, the Obama Administration has supported the Bush Administration in a variety of cases to the great disappointment of many civil libertarians, historians, and academics. This includes an effort to kill litigation that has sought millions of missing emails in the Bush Administration.

Public interest organizations have been suing the Executive Office of the President over large amounts of White House e-mail that were mysteriously lost or destroyed by the Bush Administration. Now, the Holder Justice Department is trying to snuff out the case — a move that runs against Obama’s promise of a more open government. The move puts the Obama Administration on a curious side of opposing the preservation of such key material, which has been sought by both public interest groups and academics. For the full story, click here.

This follows the decision of the Obama White House to try to force the Democrats in Congress “to compromise” with people like Karl Rove on the issue of compelled testimony. I recently discussed that effort on this segment of Countdown.

The Obama Administration has also come up in favor of the position of the Bush Administration in seeking to block an avenue for prisoners to get DNA evidence to prove their innocence. In an Alaskan case, the Obama Administration will argue in support of the state’s opposition of allowing prisoners to sue for such access, even when they are willing to pay for the tests. The case involves William Osborne who was convicted of sexual assault and kidnapping in the death of a prostitute in Anchorage in 1993. In post-conviction appeals, Alaska courts said he was not entitled to DNA evidence for testing but the 9th Circuit reversed. For the full story, click here.

This follows the Obama Administration’s recent embrace of Bush Administration views on the “war of terror” and officials backing down from criticism of the rendition programs, here. The Administration has also decided to continue to deny trial to detainees held by the United States.

46 thoughts on “Obama Administration Sides With Bush Administration on Key Cases Involving Missing Emails, Right to DNA Evidence, and Executive Privilege”

  1. Destruction of evidence.

    Do I really have to explain again why IMMEDIATE prosecution of Bush Co for torture is so important?


    Obama and Holder! Looking your direction! The ball is in your court. Failure to restore the rule of law will be properly placed if your inaction allows the guilty to go free for torturing in We the People’s name. This is something that will not go away nor is it something We the People will tolerate from ANY leader. Get with the program or enjoy your single term.

  2. mespo and patty,

    I have been providing evidence of torture occurring at gitmo for at least one week. I have linked to doctor’s reports, Binyam Mohamed’s own testimony, lawyer’s reports and human right group’s assessments both of the Walsh report and in general on conditions at Gitmo. I dont’ know what consititutes evidence if those things do not.

  3. Jill:

    “As I said, stop your personal attacks and present your evidence that there is no torture occuring at Gitmo.”


    As formidable as Patty C is, even she cannot prove a negative. If so, I could ask you to prove that Martian aren’t landing at Gitmo at night to film segments for an extraterrestrial sitcom. One can’t be everywhere. The point is that some propositions are more reasonable than others. This Administration has taken a public stance against torture and Admiral Walsh has conducted an investigation which finds that Common Article 3 of the Geneva Convention has been complied with in so far a current treatment goes. The burden rests with you to disprove the Admiral and Patty C, not the reverse. Personal attacks have no place in mature discourse, but, then again, neither does mildly obtuse thinking based on untested or outdated suppositions.

  4. Just as I predicted – you still haven’t listened to what Patrick Walsh, who was actually at Gitmo for two weeks, said at his press conference.

    To put it succinctly, you don’t know what is currently going on there, and therefore your statements today are, in fact, inaccurate
    – as they were a week ago.

    Got it…

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