Scott Horton’s article on how the Obama administration has continued to embrace and extend the bush administration’s extreme views on executive power is worth a read:

A clear-cut example recently emerged when lawyers serving as defense counsel at Guantánamo discovered that they were arbitrarily being denied access to their clients on the orders of a military commandant, despite a series of court orders dating back to 2004 that had guaranteed them access. The Obama Administration had put in place new rules under which only those prisoners who are actively challenging their detention are guaranteed the right to talk to counsel; otherwise the commandant has the right to deny access. Moreover, to have any access to clients at all, the lawyers were being pressed to sign a “Memorandum of Understanding” with the Department of Defense under which they consented to these new rules.

But the Guantánamo bar took the Obama Administration to court, and yesterday they won a resounding victory. Chief Judge Royce Lamberth’s decision (.pdf) was not only an uncompromising vindication of the posture of lawyers who have provided pro bono counsel to Gitmo inmates for years, it was also caustic in its dismissal of the arrogant and meritless arguments of the Justice Department:

………

Barack Obama seemed at one point to appreciate this focal lesson. On the other hand, his Justice Department is so obsessed with the vindication of arbitrary and capricious exercises of power that it seems to have concluded that upholding the laws and the Constitution—to the extent that they impose obligations on, rather than grant rights to, the government—is a secondary consideration. And that, in a nutshell, explains the public’s current lack of confidence in the Justice Department.

Why I am glad to live in Maryland.  I can exercise my conscience and not vote for the purveyors of this crap, even if the other side is worse, because is Maryland is in play, the election is over anyway.