With no explanation, chose the best option from "A", "B", "C" or "D". “departs from the general rule that each party to a lawsuit pays his or her own legal fees,” Scarborough v. Principi, 541 U.S. 401, 404-05, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004), and requires that a trial court award attorney fees, where: “(i) the claimant is a prevailing party; (ii) the government’s position was not substantially justified; (iii) no special circumstances make an award unjust; and (iv) the fee application is timely submitted and supported by an itemized statement.” Libas, Ltd. v. United States, 314 F.3d 1362, 1365 (Fed.Cir.2003) (citations omitted). If a plaintiff establishes status as a “prevailing party,” the burden of proof then shifts to the Government to demonstrate that its position was “substantially justified.” See Scarborough, 541 U.S. at 414, 124 S.Ct. 1856 (<HOLDING>); see also RAMCOR Servs. Group v. United

A: holding that the commandant of the united states disciplinary barracks and the united states are identical parties
B: holding that the contracts clause article i section 10 clause 1 to the united states constitution does not apply to the actions of the federal government
C: holding that section 2412d1a of the eaja requires proof that the position of the united states was substantially justified be shouldered by the government
D: holding that the plaintiff must demonstrate that defendants contacts with the united states as a whole support the exercise of jurisdiction consistent with the constitution and laws of the united states
C.