Editore"s Note
Tilting at Windmills

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January 21, 2009

FIRST THINGS FIRST.... George W. Bush relied heavily on federal regulations to make the government more in line with his ideological agenda. Barack Obama, shortly after taking office, told executive branch agencies to put an immediate hold on all Bush regulations.

In its first hours, the Obama administration took an initial step to put its imprint on the government, ordering work halted on all federal regulations left unfinished at the end of the Bush era until they can be reviewed by the new president's team.

White House Chief of Staff Rahm Emanuel dispatched a memo yesterday afternoon to federal agencies and departments, directing them to stop pending rules until the new administration has time to conduct a "legal and policy review" of each one. The directive has become a first-day tradition among presidents, dating to Ronald Reagan in 1981, helping incoming administrations put their own philosophical stamp on the regulatory work that is a subtle but potent tool of presidential power.

Though it's unclear how many of Bush's regulations have not yet taken effect, the former president's administration issued 100 final rules since Obama won the election. The review should take a while.

Also, as Hilzoy noted overnight, Obama also took steps to stop legal proceedings at Guantanamo.

In one of its first actions, the Obama administration instructed military prosecutors late Tuesday to seek a 120-day suspension of legal proceedings involving detainees at the naval base at Guantanamo Bay, Cuba -- a clear break with the approach of the outgoing Bush administration.

The instruction came in a motion filed with a military court in the case of five defendants accused of organizing the Sept. 11, 2001, attacks on the United States. The motion called for "a continuance of the proceedings" until May 20 so that "the newly inaugurated president and his administration [can] review the military commissions process, generally, and the cases currently pending before military commissions, specifically."

This is obviously an encouraging development, but as mcjoan explained, the president's authority here is limited. Obama ordered prosecutors to suspend further proceedings, while administration attorneys consider what to do next, but military judges may decline the request, and some defense attorneys may object.

Still, as the Post noted, the White House's instructions, which were applauded by the ACLU and defense attorneys, are "a first step toward closing a detention facility and system of military trials that became a worldwide symbol of the Bush administration's war on terrorism and its unyielding attitude toward foreign and domestic critics."

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (6)

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Comments

The first thing is to clear the kangaroos out of the courts. Sending all the loyalist Bush "lawyers" packing is the place to begin. Time for the grown ups to take a look.

Posted by: Ron Byers on January 21, 2009 at 8:22 AM | PERMALINK

Back in November, there were stories about new regulations proposed by Bush. As I recall, there was an argument that because Congress was in recess, that the 60 day review process wouldn't begin until sometime later, and that Obama would be able to cancel them before the review period ended. What happened to that?

Posted by: Danp on January 21, 2009 at 8:34 AM | PERMALINK

Bush's philosophy in a nutshell - regulations on government good, regulations on crooks and criminals bad!

We all see what such a philosophy has done to our nation. -Kevo

Posted by: kevo on January 21, 2009 at 9:08 AM | PERMALINK

As I was watching MSNBC with Bob Woodward on the Morning Joe the “Jerk show” it was just funny and oh so laughable.

Finally after so many years Bob Woodward of the Washington Post came out with the exclamation that Obama is walking in a situation where Bush leaves behind problems which is literally like a bunch of Grenades with the pins pulled… That was the best description one could give after holding back for years.

Of course Joe Scar looked like a sniggled puss absolutely crinkled soured and ready to puke.

Posted by: Megalomania on January 21, 2009 at 10:19 AM | PERMALINK

Danp, the "freeze" described in the Rahm memo pertains only to regulations not yet published in the Register. Such a regulation isn't "on the books", so isn't subject to the 60-day legislative review period. It also cannot be enacted.
The memo also talks about regulations published but not yet enacted; these it says may be re-opened for comment. Following that, the agencies may take "appropriate action", but it is not clear what this could include. It is not clear, for example, if the regulation could be canceled/withdrawn entirely by this process. If so, then this represents a huge avenue for the new administration to scrap midnight regulations.

Posted by: jdporter on January 21, 2009 at 12:13 PM | PERMALINK

jdporter - thanks.

Posted by: Danp on January 21, 2009 at 1:43 PM | PERMALINK




 

 

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