Supreme Court delay may help keep detainee abuse pics forever sealed

By Stephen C. Webster
Tuesday, October 13th, 2009 -- 12:58 pm
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abughraibtorture Supreme Court delay may help keep detainee abuse pics forever sealedThe United States Supreme Court granted a request Tuesday to delay its decision on whether the Obama administration may continue to block the release of images depicting the torture of terror war detainees in U.S. custody.

The decision to delay comes as Congress and the Obama administration appear to have agreed on the passage of a new law that would delegate all authority over the photos to the Secretary of Defense, effectively removing the courts from the process.

"The Obama administration believes giving the imminent grant of authority over the release of such pictures to the defense secretary would short-circuit a lawsuit filed by the American Civil Liberties Union under the Freedom of Information Act," the Associated Press reported on Saturday.

"The ACLU said the administration’s about-face 'makes a mockery' of Obama’s campaign promise of greater transparency and accountability, and damages efforts to hold accountable those responsible for abusing prisoners," CNN added on Tuesday.

The photos relate to abuse alleged to have taken place between 2001 and 2005 in Abu Ghraib and six other prisons. Some of the photos were said to depict rape and sexual abuse, though the Pentagon has denied this.

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Some of the images depict U.S. soldiers pointing guns at the heads of prisoners. Another, according to Solicitor General Elena Kagan, shows a soldier "holding 'a broom as if sticking its end into the rectum of a restrained detainee,' Kagan said, quoting from an investigation report prepared by the Pentagon," AP reported.

Justices were expected to discuss the case during a closed-door session on Friday, but a letter from the solicitor general may have played a role in their decision to delay that hearing.

"Kagan's letter advised the court about Congress' 'recent and significant legislative developments,'" Fox News noted. "Her request was unusual in that she asked the justices to delay consideration of the government's own case. But the letter shows the Obama administration's top priority is keeping the pictures sealed - and that it believes that can be better accomplished by legislative means than court action."

The Pentagon said US military commanders had sternly warned the president that the photos could be used as a recruiting tool by extremists and jeopardize the safety of US troops. Federal courts have ruled against the government in a series of decisions on the matter after the ACLU sued to force disclosure.

"Congress should not give the government the authority to hide evidence of its own misconduct, and if it does grant that authority, the Secretary of Defense should not invoke it," ACLU National Security Project Director Jameel Jaffer said in a press release. "If this shameful provision passes, Secretary Gates should take into account the importance of transparency to the democratic process, the extraordinary importance of these photos to the ongoing debate about the treatment of prisoners, and the likelihood that the suppression of these photos will ultimately be far more damaging to our national security than their disclosure would be."

"The publication of these photos would not add any additional benefits to our understanding of what was carried out in the past by a small number of individuals," President Obama said in May after reversing his promise to have the images released.

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Story comments are below...

  • johnhkennedy
    We are all going to have to fight the Obama Administration for actions we all assumed they would take and any just and reasonable person would assume Obama would not violate the Freedom of Information and separation of powers. What is he thinking?

    Are you ready to right, Voters?

    SIGN THE PETITION
    Calling For Torture Prosecutions from the Top Down AT

    ANGRYVOTERS.ORG/nll/


    .
  • CharlieL
    Oh yeah, let's fight...

    Let's sign an online petition right away.
  • miggy
    “The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored, because it cannot survive their being repeated. That four great nations, flushed with victory and stung with injury stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the law is one of the most significant tributes that Power has ever paid to Reason.”

    “If we can cultivate in the world the idea that aggressive war-making is the way to the prisoner’s dock rather than the way to honors, we will have accomplished something toward making the peace more secure.”

    “We must never forget that the record on which we judge these defendants is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well.”

    “If certain acts of violation of treaties are crimes, they are crimes whether the United States does them or whether Germany does them, and we are not prepared to lay down a rule of criminal conduct against others which we would not be willing to have invoked against us.”

    ~ Robert H. Jackson, chief United States prosecutor at the Nuremberg Trials.

    The United States of America War Criminals:
    1. Bush
    2. Cheney
    3. Rumsfeld
    4. All Senate and House Foreign Intellagence Comm. AKA "The Gang of Six" enablers who knew of Torture and did nothing.
  • moi2cents
    Show's over, folks; nothing to see here...move along, move along.
    Thanks, Officer Friendly! You make me feel sooooo safe!
  • truthops2010
    The home of the brave, who's government protects its citizens from knowing what crimes it commits with the citizens' money.
  • OldAtlantic
    May help keep the birth certificate and the Occidental student application as a dual citizen Indonesian Muslim forever under seal even from Obama's presidential library. Obama's presidential library will be at Occidental or Columbia, but will bar his own records from the school hosting his own presidential library. Doesn't that show you are believers?
  • jimijazz
    Same old, same old from the Court. Obama complaining about the right-wing is becoming pretty disengenuous by now when every day there is another move to placate and appease the right-wing fringe from his "administration".
  • johnhkennedy
    It is becoming typical of the Obama Administration to try something as unconstitutional as trying to bar the courts from any action they take and to Violate Our Freedom of Information Law.

    SIGN THE PETITION
    Calling For Torture Prosecutions from the Top Down AT

    ANGRYVOTERS.ORG/nll/
  • naschkatzehussein
    Hasn't there been speculation that those photos also are held by entities outside the US government, foreign media, who could release them anyway?
  • nader paul kucinich gravel
    Words are plentiful deeds are precious.
    A picture is worth a thousand words.

    Anderson Baldwin Carter Choate
    Clemente Gonzalez Gravel Grayson
    Kaptur Kucinich McKinney Nader
    Paul Perot Sheehan Ventura
  • donofcali
    There are also reports that the pictures depict rape and murder. And the longer that Obama covers for these crimes, the more I'll believe those reports.
  • wellwellwell
    People need to get over this Left/Right thing, people have different opinions but Politicans use this garbage to keep us from going after them for what THEY are doing. Both Dems and Repubs are on the same team people..we should be too.
  • texanarch
    Give the power over these photographs to the Secretary of Defense? What the fuck?
    Fox, guard the henhouse.

    This is absolutely preposterous.

    Gates is a douche bag CIA coverup artist. (Iran/Contra)

    Release the Goddamn photos. We need to see what has been done in our name. And we need those responsible to be prosecuted to the fullest degree. Torture is wrong. We need to set an example for future generations and administrations.

    Obama is sadly living up to the accusations that he is another Bush.
  • douvie
    This is just another example of our President's Dr. Obama and Mr. Bush syndrome. The more the Obama Administration attempts to keep these photographs "secret," the more he becomes tainted by Bush's wrongdoings. He doesn't do himself or the country any justice.
  • CHANGE!!!*

    War is Peace
    Freedom is Slavery
    Ignorance is Strength

    *some restrictions apply, void where prohibited by donors.
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