October 13, 2009
Posted: October 13th, 2009 12:09 PM ET

From

WASHINGTON (CNN) – The Supreme Court has postponed deciding whether the Obama administration can block public release of photos apparently depicting abuse of suspected terrorists and foreign soldiers in U.S. custody.

The Obama administration told the justices late last week of an apparent agreement with Congress on a law preventing disclosure of the material. That could render the legal issues moot.

President Barack Obama had initially favored the release, which had been opposed by the Bush administration, but changed his mind after intense urging against it by military leaders.

That led the American Civil Liberties Union, which had sought access to the photos under the Freedom of Information Act, to file a lawsuit seeking disclosure.


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.

The New York-based 2nd U.S. Circuit Court of Appeals ruled in September 2008 the photos must be released. The president later said doing so "would pose an unacceptable risk of danger to U.S. troops in Afghanistan and Iraq."

Newest Justice Sonia Sotomayor served on that appeals court until August, but was not involved in this ruling, which could have led to the release of hundreds of offensive images of Iraqi and Afghan prisoners.

The Senate in May approved the Detainee Photographic Records Protection Act, which would limit the reach of the Freedom of Information Act. The House adopted a similar provision this month. Conferees from both chambers on Wednesday then reached a compromise to keep the photos under wraps.

Solicitor General Elena Kagan - the administration's top lawyer before the Supreme Court - told the justices in a legal filing last week that if Congress passes the disclosure amendment, "it now appears likely the secretary of defense will have legal authority to exempt the photographs at issue in this lawsuit from disclosure under FOIA."

The ACLU quickly responded, saying the legal issues at stake should be addressed now. The pending congressional action "does not supply any reason for delay," argued Jameel Jaffer, head of the group's National Security Project.

In court documents filed last spring, Gen. David Petraeus - the top U.S. commander in the region that includes Iraq and Afghanistan - argued public access would have a "destabilizing effect" on Pakistan and other U.S. partners in the battle against the al Qaeda terrorist network.

"Newly released photos depicting abuse of detainees in U.S. military custody in Afghanistan and Iraq would negatively affect the ongoing
efforts by Pakistan to counter its internal extremist threat," wrote Petraeus, the chief of U.S. Central Command.

U.S. allies in the region already "struggle with their populations' perceptions that they are merely instruments of the U.S. government and do not have their citizens' best interests at heart," and releasing the images "would likely deal a particularly hard blow" to American efforts in those countries, he stated.

Forty-four photos are covered in the ACLU request for release, but others could be released under the earlier appeals court ruling.

The case is ACLU v. Department of Defense (09-160).

Filed under: President Obama • Supreme Court


fellow from chicago   October 13th, 2009 2:50 pm ET

It's amazing how more and more of Obama's campaign promises and foreign policies now that he's in office mimic that of President Bush who Obama has relentlessly criticized in the past, i.e, Gitmo and Afghanistan. When all is said and done Barack will be recognized as a true Conservative Republican. Pass that funny smelling cigarette over here again please.

RH   October 13th, 2009 2:48 pm ET

The notion that it is the photographs of these acts and not the acts themselves that imperil American servicepeople is OUTRAGEOUS. Message: it's only immoral if you get caught.

Cindy   October 13th, 2009 2:43 pm ET

We've seen enough photos, and those already shown have made their impact. Move on.

Doug, New Jersey   October 13th, 2009 2:09 pm ET

Democrats will not call the people who flew planes into the Pentagon and World Trade Towers terrorists, but law abiding, good hearted Americans who know their history and are against the lefts socialist take over of our nation and our freedoms are called Terrorists by every Democrat in America.

What does it say about you when you support this by voting Democrat?

Tim   October 13th, 2009 2:05 pm ET

Hey lefty loons, more change you can believe in.

William in San Jose   October 13th, 2009 2:05 pm ET

So much for "freedom of information".. And gt, you might try spellchecker before you completely embarrass yourself again.

Bluebonnet   October 13th, 2009 2:01 pm ET

I absolutely cannot believe the ACLU and all you liberal fools with a HO for Bush so bad as to want to hurt fellow CIA and troops! Egad people – think about what you are wanting to do! You egotistical meniacs need to just get over yourselves.

Johnny DC   October 13th, 2009 1:52 pm ET

Here we go again with the pictures.

Lets stir up and intensify massive hatred of the US, and give them pictures to use as posters for recruiting people to their cause.

What is wrong with the ACLU and Left America, that they don't understand reality? We don't live in a tree-hugging world. Get with the program, or the next 9/11 will be blood on your hands.

Glen Beck is Rush Limbaugh's Evil Spawn   October 13th, 2009 1:51 pm ET

I don't believe that the photos should be released to the press because it will just add fuel to the fire in our efforts to deal with the people who already hate us (with SOME good reason) in the Middle East. However, that being said, there is no reason that these photos can't be used as evidence to bring the masters of toture to justice!

Michael M, Phoenix AZ   October 13th, 2009 1:51 pm ET

The photos may help terrorist recruitment....but sending in 40,000 more troops will do the same thing....remember Westmoreland put 500,000 into Viet Nam and we didn't get anything but body bags out of it.

Mimi Aung   October 13th, 2009 1:47 pm ET

See no evil, hear no evil, speak no evil.

Obama administration is trying to clean up the mess they inherited from the previous administration. Publishing the photos will only tarnish the American image and bring more hatred and animosity against our soldiers in general. Our young men and women are out there fighting a war not of their own choosing. We must keep our soliders out of harms way and not bring about added danger because of the actions of a few bad soliders. The military authorities must take firm actions against the soliders who commited the abuse.

By the way, I was delighted to hear that Obama won the Nobel peace prize. There may be others who are equally deserving of the prize if not more but the Nobel Committee unanimously voted President Obama to be the winner and that's the end of it.

Typical Republican   October 13th, 2009 1:43 pm ET

Don't release the photos, they have images of people being brutally beaten. They depict unethical and dishonorable policies. It would be horrible for the world to know how morally bankrupt Bush and Cheney were. We must not let these photos of massive and shameless beatings be leaked.

And ps: We do not torture (as long as we keep the evidence sealed!

Mike, Syracuse, NY   October 13th, 2009 1:41 pm ET

The ACLU is just a adjunct for Al Queda. They care more for terrorist rights than American lives.

RK   October 13th, 2009 1:36 pm ET

The truth is going to hurt us so lets bury it. This is what tyrants do after commiting their atrocities. The military is scared it will receive bad publicity and added danger, they sould have thought of that before and while they tortured prisoners, many of them innocent. What goes round, comes round. Enjoy.

RNC = DNC = politics as usual   October 13th, 2009 1:34 pm ET

Yet another Obama Change. Changed his promise again.

Does no one care that our president says one thing to get what he wants , then does the opposite?

David in Indiana   October 13th, 2009 1:29 pm ET

Man's inhumanity to man is well documented. Whether the photos are released or not, God knows what people have done and not done. Vengence is His not ours. Many times, the line between justice and retribution is not clear. God has the ability to distinguish between the two. Do we?

Chanel   October 13th, 2009 1:29 pm ET

Why on Earth would anyone want to release those photos? It must be kept under wraps due to National Security. Releasing them is like making a recruiting advertisement for the Taliban. Get it together people.

DOC   October 13th, 2009 1:27 pm ET

"Staying the course" of course, of course.....

Sgt. USMC   October 13th, 2009 1:23 pm ET

I agree that it is Bush that put the troops in danger. He is the one who brought this on America. Whether or not President Obama releases the photos, the very thought of the US government allowing this type of TORTURE will haunt America for a long time.

Censorship in Practice form at CNN--S Callahan NYS   October 13th, 2009 1:18 pm ET

These should never be released...we (those represenative of US) have owned up to our errors on this. It was wrong. But it serves no good purpose to release them at this point in time. I think the victims of the craziness should be compensated, with an honest apology and restitution of some sort as their right to dignity was ignored. I understand the fear attached to the threat assumed by them...but still the same...all men (women) have a God given right to maintain their dignity and no one has the right to trump that.

Angus McDugan   October 13th, 2009 1:04 pm ET

The ACLU needs to step back every now and then to reevaluate its existance and its decisions. How about later when it does not infrenge on the right to life of the American Service men and women? Think globaly when considering rights ACLU.

Wade   October 13th, 2009 1:01 pm ET

American Civil Liberties Union wants them released... why and for what purpose?
What civil liberties are being violated by keeping the photos in a file?

The ACLU needs to stick to their charter... defending the civil liberties of those in need.

I can tell you that releasing them will only serve as a recruitment tool for those that don't like us.

Expat American   October 13th, 2009 12:59 pm ET

The photos in themselves won't be the reason why the recruitment of terrorism will rise around the world. What the Republican Party did for eight years is more than enough. Whether or not the photos are released is irrelevant. Bush/Cheney and the Republicans planted the seed for countless future generations of terrorists.

Diana Powe   October 13th, 2009 12:49 pm ET

There is absolutely no justification for suppressing these photographs. The idea that Congress is contemplating legislation to allow for their suppression is just another indication of how far they've fallen in their responsibilities (all of them) in upholding the Constitution. It's entirely possible that these images depict war crimes. The notion that their release will help "recruit terrorists" is a completely brainless and dishonest tactic to justify what is plainly wrong.

Farrell in Houston   October 13th, 2009 12:47 pm ET

Without seeing the photos it is difficult to comment on what abuse is under a court of law.

gt   October 13th, 2009 12:42 pm ET

this will be another obama assult on the military,,, form gay s in the military ,, more troops in afganistan,, now this ,, with freinds like this who needs emenies,,,,

Dan, TX   October 13th, 2009 12:30 pm ET

Tough call, should release the photos, but it will probably also recruit more terrorists. The question is how many lives should be sacrificed for the transparency? We ask our military to sacrifice lives to combat terrorists. If it costs American lives in additional terrorist attacks induced by release of the photos, is it worth it? I think probably yes, we can accept more Americans killed in order to see the photographs and find out what was done in our names.

Human life is precious, but not infinitely so. We can put a price on human life, we can say what is worth risking our own or other people's lives for. We decided that Afghanistan and Iraq were worth the sacrifice of thousands of our best and brightest, after all.

Smartgirl   October 13th, 2009 12:18 pm ET

my god. if you look at a side profile of Mitt Romney he looks
just like Richard Nixon

Dutch/Bad Newz, VA   October 13th, 2009 12:12 pm ET

The photos need to be kept under wraps. It will be a bad move to release them while the President is debating on how many more American troops need to go into Afghanistan. The release of those photos will incite anti-americanism in the region and help Al-Queda further recruit.

Paul from Phoenix   October 13th, 2009 12:11 pm ET

Funny how Obama has done yet another 180 on a campaign promise. Luckily, I agree with the administration on this. These photos will be used by terrorists as rallying cries against our troops overseas.

Comments have been closed for this article

subscribe RSS Icon
About The Ticker

The latest political news from CNN's Best Political Team, with campaign coverage, 24-7. Sign up for our twice daily Ticker emails. Got a news tip or feedback? For complete political coverage, bookmark CNNPolitics.com.

CNN=Politics Screensaver

CNN=Politics ScreensaverTap into the power of The Situation Room. Download this powerful new tool that keeps you posted on the latest political news from the campaign trail.
Download (4.1 MB, PC only)

twitter
@SuzanneMalveaux: At the WH. Doing live shots in the blizzard. :) Obama schedule unchanged. He's mtg w/Height,Jealous,Morial,& Sharpton on Black unemployment.
Updated: Wed, 10 Feb 2010 06:34:16 -0800
hambypCNN: Marco Rubio will hold rally in Ft. Myers today to highlight the one year anniversary of "The Hug" http://bit.ly/aH4VXj
Updated: Wed, 10 Feb 2010 06:00:58 -0800
@KuhnCNN: Great meeting @JackGrayCNN today and seeing @sinderbrandrcnn in NYC! AC Rock Stars! :-)
Updated: Tue, 09 Feb 2010 22:07:10 -0800
@KuhnCNN: Posted today: Clinton foreign trip first on Twitter. http://bit.ly/9Axuh9 /via @PoliticalTicker
Updated: Tue, 09 Feb 2010 20:36:14 -0800
@KuhnCNN: RT @octavianasrCNN: MUST-READ// Coaching tomorrow's world leaders, through social networking -- http://bit.ly/9tmW6x
Updated: Tue, 09 Feb 2010 20:32:51 -0800
Categories
Powered by WordPress.com VIP