Reply #119: The argument was made BEFORE he came to office -

[RaleighNCDUer]

he can't just say "never mind". It must be ruled on.

Besides, if (hopefully 'when') the judge rules AGAINST that argument, he can simply point out "well, that's the law" and under-cut any RW claims that he is waging a vendetta against Bush.

Remember, this is a PRIVATE suit against YOO, it is not a government suit, either as prosecutor or defendent. Bushco offered this spurious defense - and once it has been presented it MUST be ruled on. This in NOT a NEW defense of Yoo by the Obama administration.