I just came across this. In the ongoing Al-Haramain Islamic Foundation lawsuit against the Bush administration in which the Obama DoJ recently sided with the Bush administration in requesting that the case effectively be thrown out (indirectly, as I understand it, via a rare interlocutory appeal that NCrissieB recently wrote up in a diary), the District Court denied this appeal today and ordered the DoJ comply with its original order to the DoJ to indicate how it intends to comply with the requirement to turn over the evidence in dispute by February 27th.
Since I'm not a lawyer I'm not qualified to assess the significance of this ruling, but it doesn't sound good for the Obama DoJ from the point of view of continuing the Bush administration's policy of preventing civil lawsuits against it or third parties using the States Secrets Privilege that the Bush administration clearly abused. I'm just passing it on here for more lawyerly types to discuss and weigh in on.