Heros: Judge White and Jose PadillaMaybe Hall of Shame: Obama Administration

A judge appointed by W himself seems disinclined to dismiss charges against Bush's White House counsel John C. Woo, for his determination that the rights guaranteed by our Constitution can be overriden by the executive branch.

In yesterday's New York Times:

Lawyers for the Obama administration struggled on Friday to persuade a federal judge here to throw out an unusual civil lawsuit against John C. Yoo, the former government lawyer whose memorandums on torture were used by the Bush administration to justify sweeping policies on detention and interrogation.

Despite their efforts, the judge did not seem inclined to dismiss the lawsuit, which was brought by Jose Padilla, an American citizen who spent more than three years in isolation in a military brig as an enemy combatant.

The judge, Jeffrey S. White of Federal District Court, explored the arguments of Mr. Padilla’s lawyers thoroughly, but he appeared to be skeptical of elements of the government’s argument.

In fact, Judge White, who was appointed by President George W. Bush, even told the government’s lawyers that Mr. Yoo’s 2001 memorandum stating that the constitutional protections against unreasonable searches and seizures can be overridden was “a pretty scary position.”

Jose Padilla spent three years of his life locked up. Why is he a hero? This:

Mr. Padilla seeks monetary damages of just $1. His real goal, in this case and a number of others against other current and former United States officials, is a declaration from the government that his incarceration and harsh treatment were wrong.

“Plaintiffs seek to vindicate their constitutional rights,” the complaint stated, “and ensure that neither Mr. Padilla nor any other person is treated this way in the future.”

And a tentative Hall of Shame position for the Obama administration for trying to have this suit dismissed. "Tentative" only because the Times makes no note of any effort to get an explanation either from papers filed requesting dismissal, nor to contact White House spokespeople directly. All the article gives us on this point is:

President Obama has shown little interest in prosecuting officials of the previous administration, and it is not clear whether there will be a government-sponsored investigation of Bush administration polices.