I find it curious that a short time before this brief was filed, Dick Cheney came out with his surprising defense of gay unions. Now I have already read that the previous Bush Admin had left behind a number of "sleeper agents" who are in touch with former Bushies, for the purpose of continuing Bush policy and undermining the Obama Administration.
I understand it's SOP for many appointees to remain in place at the beginning of a new Admin, if only because of the impracticality of replacing them all at once (although Bush did an atypically quick purge of Clintonites at the start of his own first term). What's different is the rumors that the former Bush appointees were being coordinated in their efforts, and that the person most often named was none other than Cheney.
If Cheney had foreknowledge of this brief, were his comments intended to further hurt Obama with gays? If Cheney, of all people, could speak in defense of some gay issues, how worse would Obama look when this offensive brief was released publicly a few weeks later?
But coincidence is not proof, and so I hope some good investigative reporters will look into it, and see if any real evidence exists. If Cheney or any others are secretly pulling strings, or even receiving confidential information from Bush appointees, these could be criminal activities.