A few days ago, I posted a short and optimistic defense of the Obama administration's progressive bona fides by pointing to his terrific legal appointments. Then, just as soon as I posted the defense, that legal team (or, until we know more information, I should maybe just say that someone, somewhere in that legal team) did something that, at least on its face, seems to represent a major counterpoint to my argument. I'm talking, of course, about its reassertion of the state secrets doctrine in a lawsuit concerning the renditions. Hilzoy, at Obsidian Wings, has the troubling details.UPDATE: I'm not sure this is related, but it looks hopeful. Still, the lawyer's claim in the case cited above that the invocation of the doctrine in that case had already been fully vetted is troubling.

Eduardo M. Peñalver is the Allan R. Tessler Dean of the Cornell Law School. The views expressed in the piece are his own, and should not be attributed to Cornell University or Cornell Law School.

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