General Discussion
In reply to the discussion: Hey! Our side wins one for once. Check it out: [View all]Duchess St.Rollins
(74 posts)Explicitly:
"The Obama administration, with the clear and obvious option to at least drag out the case, failed to even try. And they used an appeal already, on August 6th. Had they not done so, should the President be defeated in November, the new President would have been within the window in order to file an appeal based on the judgement date of the case, which would have been on February 12th of next year. Instead, that window closes on January 6th, due to this earlier action, closing the window for appeal before the end of President Obamas first term.
What we are looking at here is a strategic maneuver by the President to strip away these provisions. The USA PATRIOT act put them where the courts could not easily touch them, so he worked hard to make sure that they were attached to the NDAA in just the right way to open up the door. He cut a deal to get certain judges in on certain dates, which put a judge he selected in to the correct court at just the right time for the NDAA signature. Then, he gave a strong enough defense to make sure that Congress could not go after him for failing to do his job as President, but not strong enough to drag out the case. Then the administration prematurely executed their appeal, ensuring that getting another appeal opportunity would be more difficult, and even then it would not be in the hands of any successor.
This is playing political chess. Without ever exposing himself to liability, the President, a constitutional lawyer before entering into politics, used the system in order to overturn one of the most easily abusive and abhorrent provisions which has ever been signed into law, the suspension of Habeas Corpus."