Abu Ghraib FOIA Timeline: How Long Has This Game Gone On?

[Warren DeMontague]

Good Question.

Federal Court Orders Government to Release or Identify All Documents Related to Abuse of Detainees in U.S. Custody
by October 15

September 15, 2004

In issuing today’s order, Judge Alvin K. Hellerstein sharply criticized the "glacial pace" at which the government has responded to the groups’ request. "Ours is a government of laws, laws duly promulgated and laws duly observed," Judge Hellerstein said in the opening lines of his order. "No one is above the law: not the executive, not the Congress, not the judiciary."

"If the documents are more of an embarrassment than a secret, the public should know of our government’s treatment of individuals captured and held abroad," Judge Hellerstein said.

Judge Hellerstein issued the order following a hearing on September 10 at which the government sought to delay release of documents until 2005*. In rejecting that request, the court today specifically ordered the government to "produce or identify" the documents by October 15, 2004. Documents that are not produced must be identified in a list that includes the author, addressee, date and subject matter. Documents that cannot be identified because of their classification status must be produced in a log to the court. The government must also supply the ACLU with a list called a "Vaughn index" stating its justification for withholding documents.


On March 30th, The DoD filed this "Opposition Brief". The index lists the following rationales for the withholding of the Darby Images:

http://www.aclu.org/torturefoia/released/042905/memosupportsumCIA.pdf





Including not only the infamous "Geneva Convention" argument, but also claiming a 7(C) exemption.

On June 2, the Judge rejected the Government's arguments, and ordered the Release -By June 30th, this time- of the images:



The government requested until July 22 to redact ALL the images, not just the video- and then, as we know, at the last minute they filed the secret request to the court for the 7(F) exemption:

http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=18811&c=206

Now, as we know from the doj FOIA site, the 7(F) exemption is basically an expanded 7(C) exemption. So one has to wonder how the judge, who not only has summarily rejected the 7(C) claims, but also told the government on Sept. 15, 2004 that the "glacial pace" of response to the requests for document release was unacceptable, is going to handle this newest transparent ploy for a delay.

*Geez- I wonder why they might want to do that?

[DistressedAmerican]

1. Great Summary! Kick and Nod!

the request was originally filed in 2003.

How much tax money has gone to this coverup over the past two years?

[Warren DeMontague]

2. I just can't imagine the Judge can be very pleased at this point-

sounds like he was frustrated with the government's non-compliance back in October of last Year.

It doesn't seem like anyone knows what the next step is, or when.

[DistressedAmerican]

4. I Completely Lack The Legal Background Myself.

What does a judge do when the feds break a court order.

I'd suggest he find Rummy in contempt and throw him in jail until the photos are turned over.

[Warren DeMontague]

5. He can share a cell with Rove.

I'm not a lawyer, either- I'm not sure this qualifies as breaking a court order, my guess is, the judge has to rule on whatever the super-secret exemption letter contained. But I don't know when that takes place.

[Binka]

6. DA You Are Correct It Is Contempt

There needs to be an ASS thrown in the hoosegow...NOW! I think Rummy or Condi would be nice choices.

[Warren DeMontague]

8. "the request was originally filed in 2003."

Thanks for the reminder on that. This is only the SECOND half.

[Carolab]

9. Here's the timeline

http://www.aclu.org/torturefoia/foia_timeline.html

[Warren DeMontague]

10. Wow.

Can you imagine what would have happened if they HADN'T requested "expedited release of records"?

[Wetzelbill]

3. this is some great info

[Binka]

7. I Predict This Will Break Open Before Weeks End

This judge has his shit together and he has been more than lenient and fair he is going to lay the smack down in the next few days. IMHO. The World has been held in this horrific frantic murderous limbo for too fucking long and this guy has a chance to blow the lid off and bring some justice to the scene. My money is on him.

[aint_no_life_nowhere]

11. "No one is above the law: not the executive, not the Congress, not the

judiciary."

What are the chances that Scalia, Thomas, or the new Bush nominee would say this to the Bush Administration's face? We are seeing more each day why an independent judiciary is the last defense of a free society and why judicial appointments are such a serious matter.

[Warren DeMontague]

14. Yep. Funny coincidence, isn't it---

that what remains of an independent judiciary is their next target.

[magellan]

12. Republicans = sick criminal bastards

BushCo continue to argue the detainees are "unlawful combatants" who aren't protected by the Geneva Conventions, but they happily cite the Geneva Conventions to keep these photos/vids under wraps to cover up crimes that happened on THEIR watch -- and with the help of their cleverly worded authorizations -- against innocents!

And of course it's a cover up. If they were truly interested in protecting the troops at large as they claim, they'd have already confronted and condemned these actions head on in the public arena...because this stuff always gets out eventually. Like now. Despite their attempts to suppress these HORRIFIC acts, here come the statements, and the photos and videos WILL follow. Far more likely they've been sitting on this because it would have thrown last year's election for them!!

CHRISTIAN?? Bush** gives tacit approval to the rape and sodomizing of women and children!! I'm sick to death of this immoral piece of filth and his phalanx of scum-sucking cockroaches squatting in our WH!!

[Tsiyu]

13. There's the rub

How can we prove the Geneva Conventions were breached when they try to use them to block release of proof? How fucking convenient for the vile beasts.

The rest of the world knows this. Detainees who were released have already told these stories. If the photoes and videos end up on AL Jazeera first, there will be hell to pay. Better for the Repukes to let this become public now and to condemn those responsible (lol-right). But doing the "better thing" isn't necessarily this administration's mode of operation, is it?

[magellan]

15. The rest of the world knows this. Yes.

"The rest of the world already knows" is a fact that immediately controverts BushCo's argument that releasing these photos will endanger our troops. The rest of the world knows because they have media that report the truth. The only people BushCo are successfully hiding this from are Americans. Just more proof they're covering this up to save their own butts.

Thank you for that!

[hootinholler]

16. Geneva?!?!?

How the FUCK can this government claim anything to do with the conventions!

-Hoot

[Warren DeMontague]

17. Oh, yeah, that was a piece of work, wasn't it?

It's against the Geneva conventions to release the pictures and show the people in the pictures.

Of course, the Geneva convention is moot when you're talking about the actual activities IN the pictures...