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Edited on Fri May-20-11 02:18 AM by Azathoth
DOMA was defended in court because it was the law of the land and the administration made very clear that it wanted Congress and not the courts to repeal the act.
The lack of prosecutions of Bush officials was a pragmatic and political decision. Such prosecutions (which would have been the first of their kind in US history) would have provoked immediate, profound national turmoil which would have, in turn, paralyzed the government and distracted everyone from the administration's agenda. Any convictions obtained would have been viewed by much of the public as irredeemably tainted by partisanship. Plus, the GOP openly stated that, upon retaking the White House, they would have retaliated by prosecuting the entire Obama administration, and thus a new, even more toxic partisan tradition would have been born.
As far as warrantless wiretapping goes, the administration seems to be enthralled by the country's intelligence and law enforcement apparatus. Those guys obviously don't want to relinquish their newly-acquired powers, and the White House seems to be very reluctant to challenge them.
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