Let's hope this WashPo article is just wrong. AL gives his take here. Important quote:
"Whether or not we sympathize with some of the political difficulties the Obama administration faces, it is incumbent upon those of us who care about civil liberties and the rule of law to apply continuous and aggressive pressure on the Obama administration to do the right thing and to live up to the principles they claim to believe in. If there is no political pressure coming from the left on this issue, then the only pressure the administration will feel is demagoguery coming from the right."
I guess it just goes to show you how hard it is to close Pandora's Box.