“The change in administration has no bearing?”

The Obama administration has invoked the State Secret argument for the first time. The argument was a standby for the Bush administration when it did not want to make information available to the courts. Now it's being being used by the BHO White House to keep information about the practice of the Bush practice of "extraordinary rendition" from public view. The panel of the United States Court of Appeals for the Ninth Circuit was reportedly "startled" when an administration lawyer parroted Bush policy in San Francisco. Here's the exchange as reported by the NYT:

“Is there anything material that has happened” that might have caused the Justice Department to shift its views [regarding state secrets], asked Judge Mary M. Schroeder, an appointee of President Jimmy Carter, coyly referring to the recent election.

“No, your honor,” Douglas N. Letter (a lawyer for the government) replied.

“The change in administration has no bearing?” she asked.

“No, your honor,” he said once more.

Here's to change we can believe in!