Well, good.

One of the few issues I very much disagree with Obama about, and it looks like it's doomed in the courts. Perhaps this will give Obama cover to appoint liberal/competent judges, completely reversing Bush's insistence on ideological hard-liners.

But in the meantime, as I said over in the comments about Specter, incremental steps are good. I'll take this one defeat, and hope that the rest of the position on secrecy comes crashing down.

While everyone else is busy on the new Specter thread, I want to be first in line to crow that at last we see the progressive, rule-of-law-abiding True Spirit of the Obama administration revealed in all its glory!

Didn't everybody who knows anything about eleventeen-dimensional chess try to tell us that this is exactly the kind of result Obama and Holder secretly planned in the first place?

And the beauty part is that Obama's Teflon coating remains unscratched; in fact, if we didn't know better, we might almost suspect that keeping Obama's Teflon coating unscratched is the Prime Directive-- at least until the second term.

And now with the splendid news that a seasoned pragmatic warrior like Arlen Specter is joining the "Yes, We Can!" team, the Long Nightmare is over!

I trust there will be no more of this griping and nagging about investigations and commissions and such. A little faith and trust goes a long way, you know.

Like, Jay Bybee's Ninth Circuit Court of Appeals?!

Oh, dear.

If that doesn't illustrate why that man has no place in the American justice system, I don't know what does.

Glenn,

When Obama was elected, I recall that some cases Bush's DOJ had vigorously pursued were no longer going to be pursued by this administration, which I believe you had commented was a double-edged sword. Sure, the recklessness of the Bush policies would no longer be pursued, but we never got a final ajudication on the matter at hand - the fact that Bush's policies were illegal.

Now we have a case where Obama's DOJ not only pursued Bush's position, but actually expanded upon it - to its final ludicrious conclusion that the Executive Branch is above the law. Expanded upon it to such a degree that no sane court could possibly have ruled in their favor.

Now, I may be a hopeless optimist, but isn't it possible that Obama pursued this case in this way on purpose, to give America a definitive ruling on a terrible policy and a dark chapter in our history that can finally be called what it was - a crime?

Now we have a case where Obama's DOJ not only pursued Bush's position, but actually expanded upon it - to its final ludicrious conclusion that the Executive Branch is above the law. Expanded upon it to such a degree that no sane court could possibly have ruled in their favor.

Right. Let's review the rules of the Obama era:

(1) When Obama renounces Bush theories of executive power, we cheer for Obama, for that shows he is committed to Change.

(2) When Obama affirms and embraces Bush theories of executive power, we cheer for Obama, for that shows he is committed to Real Change.

(3) Whatever happens, we cheer for Obama.

What are you going to say when the Obama DOJ tries to appeal this decision to a full panel of the Ninth Circuit and/or the Supreme Court, and when they do everything possible to try to get stays and delays like they have in the other cases challenging these programs?

but the 11-dimensional chess fantasy game player wiped the smile right off my face. Gah, this is just going to encourage them.

Nevertheless, great news!

were astute judges of human nature and bureaucratic institutions and they correctly assumed that authority split between three co-equal branches of government would be a self regulating system. While there may be short term ascendancies (although in the case of the executive branch it could be credibly argued that they have been infringing on the other's turf from day one), it seems that in the long run none of the branches would or should willingly give up its prerogatives to one or both of the other branches.

The 9th Circuit appeal panel did just what was expected - they took back the judicial authority that two successive executive branches had attempted to usurp.

Perhaps Congress will rouse itself and assert its own dormant authority.

I expect the administration will appeal - the game is not over until time runs out.

The idea that any politician will readily surrender any power once attained is fantasy.

Today, in a 26-page ruling (.pdf), the appallate court resoundingly rejected the Bush/Obama position,

But wouldn't an "appallate" court be one that had agreed with the B/O position? ;-}

An aside that perhaps someone can address: what governs the decision to appeal to the entire circuit court vs going to the SC? I have never quite grasped when one strategy is pursued over the other and what conditions might apply.

it it highly likely the Obama DOJ will attempt to appeal this ruling further -- to a full 9th Circuit panel and/or to the Supreme Court --

-- but I don't think so.

Rather, I'm thinking that the privilege gets withdrawn in all cases (including Jeppesen) where it was employed as a blatant overreach by the Bush administration.

“...but in the meantime, the case will return to the District Court for a document-by-document assessment of what is and is not truly "secret" (and the court today held that a mere decision by the President to classify certain documents is insufficient; the court is required to exercise independent judgment as to whether secrecy is truly warranted).  Finally, these 5 torture victims will have their day in court. “ Greenwald

How do the appeals affect the judge/case/trial and how fast he can proceed?

At last, some halfway positive news. How long does the DOJ have to appeal that decision?

It is lucky for us that there are career officials in the judicial system who still believe in the rule of law.