CHENEY LITE:

Obama Channels Cheney: Obama adopts Bush view on the powers of the presidency. (WSJ, 3/07/09)

In a federal lawsuit, the Obama legal team is arguing that judges lack the authority to enforce their own rulings in classified matters of national security. The standoff concerns the Oregon chapter of the Al-Haramain Islamic Foundation, a Saudi Arabian charity that was shut down in 2004 on evidence that it was financing al Qaeda. Al-Haramain sued the Bush Administration in 2005, claiming it had been illegally wiretapped.

At the heart of Al-Haramain's case is a classified document that it says proves that the alleged eavesdropping was not authorized under the Foreign Intelligence Surveillance Act, or FISA. That record was inadvertently disclosed after Al-Haramain was designated as a terrorist organization; the Bush Administration declared such documents state secrets after their existence became known.

In July, the Ninth Circuit Court of Appeals upheld the President's right to do so, which should have ended the matter. But the San Francisco panel also returned the case to the presiding district court judge, Vaughn Walker, ordering him to decide if FISA pre-empts the state secrets privilege. If he does, Al-Haramain would be allowed to use the document to establish the standing to litigate.

The Obama Justice Department has adopted a legal stance identical to, if not more aggressive than, the Bush version.