Our Constitutional Scholar president should be aware of, and understand this. If he chooses to ignore it, that will send a strong and very negative message about him and his administration.
The guy is starting to look more and more like an eloquent, slimier version of Bush. Bush, at least, was reasonably honest about what he was doing -- Obama, not so much. Obama so far has failed at living up to his promises on LGBT rights, and it seems likely he will fail again on more general civil rights -- such as the right to a fair trial.
It seems like the latter is one of the few things all Americans, Republican or Democrat, should be able to agree on. It is extremely disappointing that Obama seems to be ignoring this.
[Edit: I've added a link to Americablog's breakdown of the brief the Justice Department in federal court defending the Defense of Marriage Act in the text above. Please read it before commenting.]