Court Orders US To Release Detainee Abuse Pics
By Cernig Monday Sep 22, 2008 4:50pm
The ACLU has won a landmark ruling from the U.S. Court of Appeals for the Second Circuit, which has slammed the Bush administration for using ridiculous arguments for withholding 21 graphic photos of detainee abuse which formed part of a FOIA request.
The government claimed that the public disclosure of such evidence would generate outrage and would violate U.S. obligations towards detainees under the Geneva Conventions because they would embarrass or humiliate the prisoners.
But the court ruled in the first instance that outrage (over abuse and torture, mind you, so it would be justified outrage) where no specific individual could be named as being at risk was too wide an exemption to grant.
"It is plainly insufficient to claim that releasing documents could reasonably be expected to endanger some unspecified member of a group so vast as to encompass all United States troops, coalition forces and civilians in Iraq and Afghanistan," the appeals court said.
And in the second instance, the Court pointed to the way in which the US had published pictures photographs of dead, tortured and abused prisoners in Japanese and German prison and concentration camps after World War II.
"Yet the United States championed the use and dissemination of such photographs to hold perpetrators accountable," the court said.
The ACLU's attorney Amrit Singh told the AP that:
"These photographs depict abuse at locations other than Abu Ghraib," she said of the 21 pictures that the court ordered for release. "Their release is to hold government accountable for torture policies and bring an end once and for all to the abuse of prisoners."
And the ACLU's press release continues:
(T)he appeals court today rejected the government's attempt to use the FOIA as "an all-purpose damper on global controversy" and recognized the "significant public interest in the disclosure of these photographs" in light of government misconduct. The court also recognized that releasing the photographs is likely to prevent "further abuse of prisoners."
"This is yet another case in which the administration used national security as a pretext to suppress information relating to crimes that were endorsed, encouraged or tolerated by government officials," said Jameel Jaffer, Director of the ACLU National Security Project. "The appeals court was correct to recognize both that the administration's suppression of the photographs was without legal basis and that disclosure will further the purposes of the Geneva Conventions by deterring the abuse and torture of prisoners in the future."
Singh noted that the government admits it has other photos which are not part of this ruling, but I'd like to remind everyone that photos are just the tip of the iceberg. Back in February a Seton Hall Law report revealed that the US military military videotaped all of the interrogations at Guantanamo and other interrogation centers and retained them. There were around 24,000 recordings made, in all and the Bush administration have been highly evasive about their current whereabouts.
Still the release of these photos will once again show the Bush administration's institutionalized use of torture to the world - and they should have their feet held to the fire for such acts. Not only will the Muslim world be outraged - for does anyone doubt that most or all of the victims pictured will be Muslim? But European nations will also come under renewed internal pressure to eschew co-operation in illegal rendition with any US administration that perpetuates Bush policy.
And maybe, just maybe, someone in the press will hold up the pictures to John McCain and ask him whether he thinks what he sees there constitutes actual torture, not any lesser "enhanced interrogation techniques".
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Judicial activists strike again....Thank God.
Johnny2Bad @ 1:
Ditto to you comment. Maybe of all the things we have lost, justice will be found.
Just heard on fox that the McCain campaign plans to go all out negative on Obama during the final stretch. They are going to use Ayres and Wright. This could get so ugly that it could backfire on them. I sure hope so.
[Deleted. Off topic, but you knew that. ; D Site Monitor]
I don't care to imagine what those pictures show.
The ACLU "hates America."
Yeah, I'm sure McCain will go totally negative with Ayres and Wright. They'll probably throw abortion stuff out there as well.
[Deleted. Off topic, but you knew that. ; D Site Monitor]
Oh, I`m positive they will just hand them over pronto. Remember the missing emails. Do not hold your breath.
[Deleted. Off topic, but you knew that. ; D Site Monitor]
there it is again... that graphic bothered me the first time i saw it...
the spotlights and shadow do not jive, at all...
wish it could be fixed... would be much more effective... it's a cool concept...
just sayin'...
And still there will be no war crimes indictments.
And we're going to prosecute the person in charge, right?
Hello, Congress, Mrs. Pelosi, you out there?
they certainly liked this ruling when it came down against the ACLU suit with regard to illegal wiretaps.
It's funny how the Bush admin gives a shit about the Geneva Conventions all of a sudden...
They sure didn't care back when they were willfully breaking the Conventions by TORTURING prisoners, did they?
Sadly, the rest of the world considers this abuse is done by the American government and Americans, and not by "the Bush Administration".
Cue: self-righteous indignation from Bill O'Reilly
Cue: anti-ACLU rant from Rush Limbaugh
Cue: silence from John McCain
If the U.S. had honored its obligations towards detainees under the Geneva Conventions, why would there be any outrage? Hiding something is a more effective strategy if you don't make it so shittingly obvious you are hiding something.
Rejoice over this ruling.
All is well.
Sleep well tonight.
Odds are 12 to 1 that Cheney already shredded them.
surfjac @ 12:
I'm always amazed at this type of comment. Not that it makes any kind of sense, but it's still amazing that anyone would say Pelosi is in charge.
Once bush is out of office, he's fair game for anyone who wants to try to take him to court for some of this stuff. Let's hope someone does.
fuddled @ 15:
We in the UK don't. We know exactly who is responsible for this, and it is not the vast majority of kind-hearted and generous Americans. Don't lose heart. Justice shall prevail. The sickening acts and war crimes perpetrated by BushCo may have severely tarnished the USA's reputation abroad, but we know their days are numbered. Evil always fails. Place your faith in God and Obama to lead you out of darkness.
Welcome to nothing.
NOTHING.
Make your own choice. A backyard garden, for example.
NOTHING. Your investment is worth nothing.
Reason: World debt > world assets.
[Uhm, did you mean to post this comment on this thread? Site Monitor]
the 'truth serum'....hypocrites hate that.
Don't hold your breath waiting for these pictures to be released. When has this government and administration ever let a mere court ruling stop it from doing whatever it pleases?
Good News about horrible actions
This is what the Bush administration did and may be continuing to do so in our names
http://www.guardian.co.uk/gall/0,,1710396,00.html
although I still have thoughts about dropping Bush, Cheney, Addington, Wolfowitz, Rove, Rice, Rumsfeld etc etc butt ass naked down in the middle of Iraq and saying "you're on your own"
Veterans also want to know who is on those floating prisons.
~~~~~~~~~~~
ALSO ONGOING
PBS is doing a poll which asks if Palin is qualified to be VP.
The right wing has organized a yes campaign.
http://www.pbs.org/now/polls/poll-435.html
"...they should have their feet held to the fire for such acts."
Wait, wouldn't that constitute...Oh, forget it.
/snark off
Al-Qaida Threatens 'October Surprise' Attack:
U.S. Intel: Threat of 'Massive' Terror Attack Before U.S. Election
After two major terrorist attacks in Pakistan and Yemen — along with a new U.S. push at insurgent strongholds along the Afghan border — U.S. intelligence is worried about a massive "October surprise" attack geared to sway the U.S. elections.
Read Full Story Here (Full Disclocure: NEWSMAX is a FAR-RIGHT, NUTJOB NEO-CON PROPAGANDA PEDLER!) but i thought i should give a head's up...
http://www.newsmax.com/headlines/october_surprise_attack/2008/09/22/1331...
The myriad photos that are in the public domain before this ruling are pretty sickening and beyond the pale, not to mention broke every Geneva Convention rule and UN human rights law.
So these 21 photos must be very damning, maybe to prominent individuals in either the CIA, armed forces or maybe DoD personal.
We know from the sworn testimony of one of the freed Iraqis prisoners from Abu Gharib, that there is a video of an official (guard or interrogator) raping a child, the very odd thing is the redacted nationality of the alleged perp on the affidavit.
This video supposedly went to Washington for whatever reason, why is another question, was it DoJ business or viewing pleasure !.
Fuck Al Qaida.
They want to bomb some place in Pennsylvania.
I don't give a shit.
Give me the vector for their rocket. I'll take them out.
Oh, sorry. This rant isn't about AQ.
It's more or less about the U.S. government.
Great ruling, but the USA is no longer a nation of laws. It's like "asking" Cheney not to shred documents, or Karl Rove to appear in court.
reading from some other sites has made me wonder if someone in the administration uses these images and ones that are classified, the way normal men use playboy, so many details about torture were discussed at the highest levels, just wondering if some of those people get off on that?
I hope the pictures are released so that there is paper trail to bring justice to where it is due.
If they had given a shit about the possible consequences to our troops, they wouldn't have tortured the detainees in the first place. After 8 years, I still can't get over the chutzpah of these assholes.
So will JIMBO be asking the candidates a "torture" question...???? ANY BETS...what would Big John say (depends on which one shows up for the "debates")
Nicholas @ 4:
Freedom Tickles?
Pffft... those photos are long gone, into Cheney's scrapbook, location undisclosed.
Traitors torture.
Torture is a war crime
Now is past the time to remove this traitor to the constitution and get some 911 answers.
May-be Nancy should view these pictures for ANY evidence of the bush crimes she claims to know nothing about. As Third in line NANCY has a moral obligation to view those pictures now, if she hasn't seen them already.
Traitors Torture
There's a Traitor in our White House.
pissed off patricia @ 21:
I will lay any amount of money nothing will ever happen to him or any of his cohorts, and why ? Because they are rich, that means in the US they are above the law, because they are the real law, the winners of capitalism.
Edwin Hussein @ 32:
Indeed.
The Very Bitter Ceci Hussein @ 34:
That has been obvious for a long time and no one has done anything, this will this make no difference, appart from one or two americans might actually think about what their country does before going back to sleep and millions more will feel justified in their ignorant hate of the world.
Nicholas @ 4:
They show the true america, and what it's people begged for over the last 8 years, and what the country has been doing for a long time either way. All empires do, it's just that the US had the blind arrogance to tell the world it was/is perfect and innocent and all the little sheelp defended the lies at every turn.
Just a shame that it's everyone else who paid the price.
Hopefully soon pay back time will come, and a broken economy will be the least of the worries.
tjb @ 39:
As elected by the majority of the country twice and defended for a lot of time, there are hundreds of millions that stand guilty next to him.
And the world knows it.
Jerry @ 41:
Al Gore won the 2000 elections; this is a well known fact. His Poppy's Scotus appointed him.
2004 saw our "democracy" in a dumpster in Cuyahoga County Ohio.
We have not had a free election in this millenium. If you do not realise this, you become part of the problem.
Mick Piobr @ 42:
i.e. Poppy Bush.
Mick Piobr @ 42:
Of course I realize that ......... though we're it the actual case, then he wouldn't be President now would he ........ but that he is means that he did win, the means and methods are aside to the end result.
And that he has been for this long shows the ability of the country to govern or deal with itself.
It went a long time before 2004.
I'm not part of the problem, as I'm not american, thankfully.
One injustice down, millions? more to go.
Don't hold your breath folks. I expect if these ever get released it will be no earlier than November 5th. IF they even decide to go along with that order. These folks seem to think they are above the law. I guess they are- they sure don't follow it.
As the Time magazine cover said, "We are fucked."
scene: War Crimes Trial, and seated with earphones front and center: Bush, Cheney, Rumsfeld,
awaiting turns: Rice, Rove, Wolfowiz, Perlman etc etc etc
The Regime's only concern has ever been suppressing evidence that could or may be used against them in future war crimes tribunals, either at home or abroad.
I think the court would do well to assign marshalls to gaurd the integrity of existing records. court order or no, cheney isand has been destroying documents and will continue to do so unless forcibly stopped.
karen marie @ 11:
The new Billy Graham movie Billy: The Early Years hits on some of these topics talked about in this blog. Check it out at billytheearlyyears.com.
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