It seems the Obama administration has made a 180 on it's position of not opposing the release of the abuse photographs which were to be released this month on the 28th as per the ACLU's request under the Freedom of Information Act.
President Obama defended his decision to fight the release of photos showing detainee abuse Wednesday afternoon, saying it would only put American troops in harms way and create a backlash against Americans.
"The most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in greater danger," the president said before departing on his trip to Arizona. "Moreover, I fear the publication of these photos may only have a chilling effect on future investigations of detainee abuse."
The move is a complete 180. In a letter from the Justice Department to a federal judge on April 23, the Obama administration announced that the Pentagon would turn over 44 photographs showing detainee abuse of prisoners in Afghanistan and Iraq during the Bush administration."The reversal is another indication of a continuance of the Bush administration policies under the Obama administration," ACLU attorney Amrit Singh told ABC News. "President Obama's promise of accountability is meaningless, this is inconsistent with his promise of transparency, it violates the government's commitment to the court. People need to examine these abusive photographs, but also the government officials need to be held accountable."
It's unclear what step the White House will now take, whether the administration will challenge the release in appellate court with new arguments or whether it will take the case to the Supreme Court.They seem to be arguing, much like the Bush administration did, that releasing the photos would increase anti-US sentiments. I guess somehow releasing photos of abuse is far worse than killing around 120 Afghan civilians during a bombing. Yea, i can see how we can't release those photos but we can keep on bombing cities.The Bush administration had argued that an exemption from the Freedom of Information Act was needed with these photographs because of the FOIA exemption for law enforcement records that could reasonably be expected to endanger “any individual." The release of the disputed photographs, the Bush administration argued, will endanger United States troops, other Coalition forces, and civilians in Iraq and Afghanistan.
But the Second Circuit Court found that the exemption was not intended "as an all-purpose damper on global controversy."
The Obama argument, however, would be made not under law enforcement grounds, but on national security grounds -- a different legal avenue. Whether the courts will respond differently given the fact that it's a new administration making the argument is also a consideration.
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