Speaking on a panel at the American Constitution Society's national convention, lawyers from the Obama administration defended the president's decision to continue trying detainees before military tribunals and outlined his criteria for picking judges.
Noticeably absent from the discussion was White House Counsel Greg Craig, who was scheduled to participate. Moderator John Podesta, president and CEO of the Center for American Progress, said Craig had "an unavoidable conflict."
Podesta didn't waste much time before diving into what is arguably the most contentious legal issue facing the new administration: how to handle Guantanamo Bay detainees.
White House Staff Secretary Lisa Brown defended President Barack Obama's continued reliance on tribunals as a venue to try detainees. During a time of war, she said, the president believes there is "a legitimate role" for tribunals. She said the fact that Obama wants to try detainees in federal courts "where practical" in itself shows a departure from the previous administration. "There's a huge amount of thought going into this," she reassured the crowd that packed a ballroom at the Renaissance Mayflower Hotel in Washington, D.C.
Jones Day partner Noel Francisco, the sole conservative on the panel, defended the Bush administration's decision to hold suspected terrorists at Guantanamo Bay. Francisco, who served as deputy assistant attorney general in the Justice Department's office of legal counsel during the Bush administration, said, "Guantanamo Bay was, for better or for worse, the best thing we could come up with."
Preeta Bansal, general counsel of the White House Office of Management and Budget, worked on the issue of judicial selections as part of Obama's transition team. She said Obama made it clear that he wants judges who have "litigated real cases" and "have a real sense of the human dramas" behind cases.
Vice President Joe Biden's chief of staff, Ron Klain, added that Obama "had a very thoughtful and orderly process" for selecting his Supreme Court pick, Judge Sonia Sotomayor.
The final question of the night-- "What does the Obama presidency mean to you?"-- came from an audience member. It even gave Francisco, who represents oil and tobacco companies now grappling with tougher regulations, an opportunity to see the bright side of a Democratic administration.
His answer: "Enormous amounts of business."
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