Site icon JONATHAN TURLEY

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

In 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.

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