It was not supposed to happen this way.
President Obama was supposed to have to face a cadre of conservative judges that now make up the majority in the federal system.
Perhaps he figured that keeping Bob Gates on as Secretary of Defence would help him interface with the increasingly right leaning judiciary.
Who knows? But drums are beating which indicate that Gates may be in conflict with some in the judiciary over the homeless Uighur people which the courts do not feel should be held any longer.
Some of the Uighur prisoners have filed a motion to hold Gates in contempt because he has not complied with a court order in their favour.
Wrongfully detaining them in the first place has now made them homeless since the government does not want to release them in the US, and no other country wants them either.
China would take them and torture them but new policies rule out that option. Eat your heart out Dick Cheney.