Federal judge hesitant to release Abu Ghraib photos

[Waya]

By The Associated Press,
First Amendment Center Online staff
09.10.05
NEW YORK — A judge last week said he was hesitant to release pictures and videotapes of detainee abuse at Iraq’s Abu Ghraib prison while top government officials insisted that deaths could result.

U.S. District Judge Alvin K. Hellerstein commented on Aug. 30 as he listened to Manhattan’s top government lawyer and an attorney for the American Civil Liberties Union, which was seeking release of the pictures.

In June, Hellerstein ordered the release of redacted versions of the photos and videos. The government then filed documents expressing concern that releasing the images would pose a safety threat.

During last week’s hearing, the judge questioned whether he could disregard arguments by Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, who has warned that releasing the photos would aid al-Qaida recruitment, weaken the Afghan and Iraqi governments and incite riots against U.S. troops.

“How can I ignore the expert opinion of General Myers, who is concerned with the safety of his troops?” the judge asked. “I can’t substitute my opinion for the opinion of General Myers.”

He said troops in Iraq “face danger every day and don’t deserve to have that danger enlarged.”

The ACLU has sought the release of 87 photographs and four videotapes taken at the prison. The request was part of a 2004 lawsuit demanding information on the treatment of detainees in U.S. custody and the transfer of prisoners to countries known to use torture. The ACLU contends prisoner abuse is systemic.

The judge on Aug. 30 reduced the number of photographs at issue to 74 and the number of videos to three, saying those he excluded would have required redactions so great as to render them inconsequential. He said the pictures and videos involve a limited number of soldiers engaging in acts that were “distasteful to an extreme degree.”

The judge said he recognized the pictures might be useful to the public as it answers questions about the prison scandal, including whether those in command knew about the abuse and how extensive it was.

Yet, he said, there was a “high prurient value” in the pictures.

“A judge cannot look at these without thinking to himself how quickly they’d be put on the 6 o’clock or 11 o’clock news and how easily they could be subverted to create a false picture of this country,” he said....


http://www.firstamendmentcenter.org/news.aspx?id=15766

[MichiganVote]

1. Get on with it. Its not like we don't know or that terrorists don't know

[ComerPerro]

2. Are they worried about the troops, or Bush's increasing disapproval rating

That seems to be the rallying cry of this administration.

"We can't go by the facts, because they will make us look bad!"

[marshall]

3. Release the photos

and if troops are killed let the blood be on Bush's hands!

[ComerPerro]

5. To me, its completely irresponsible of them to even blame deaths

on the release of the photos.

I honestly don't think they have any effect on the insurgents. They want us out anyway.

Weren't soldiers dying before?

And, Bush is the reason they are there.

[marshall]

10. That's the important thing--

to point out that Bush is the reason we are there. Releasing those photos will drive that home. The soldiers are dying anyway.

[ComerPerro]

15. But lets get them out while we can

What I am saying, also, is that I don't think releasing the photos will change the rate of deaths or attacks. Granted, they will be reported more, since the media will have something to blame other than Bush.

But it won't amount for any change.

However, regarding your statement, "Let it happen and let the blood be on Bush's hands" (to paraphrase), that is just as irresponsible as Bush sending them there in the first place.

[DBoon]

14. Get the troops out first

the hold an inquiry into what we did and why

[nookiemonster]

16. It's utter bullshit.

Many in the world have probably already seen these.

It's America that Bush is truly afraid of.

[acmavm]

4. Create a false picture of this country? Come on Judge Hellerstein, that

is who we have officially become. Pry your head out of your ass and take a deep breath of reality. We are officially the occupiers and torturers of a nation of people who did nothing to us except sit on the world's second biggest oil reserves.

I so hate the lies and the bullshit and they come from EVERYWHERE anymore.

[BlueEyedSon]

6. Release the pix, then charge & convict the perps, up the chain of

command as necessary.

[GreenPartyVoter]

7. Release the photos. The "enemy" already knows how evil we are.. it's our

own people who need to wake up.

------------------------------------------------------
Ditch Bu$h and save the Gulf: http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=106&topic_id=22507&mesg_id=22507

Then save the nation!
http://www.geocities.com/greenpartyvoter/electionreform.htm

[jmaier]

8. Wrong basis for rendering a ruling

His ruling should be limited to legal grounds and not some artifice about how it makes the country look, will our image be tarnished or "misunderstood", etc.

If the photos and videos are withheld from the media/public, what are the legal grounds for doing so?

[Z_I_Peevey]

9. Now there's a refreshing perspective.

Exactly. What is the relevant LAW?

[truebrit71]

12. I couldn't agree more..What is the LAW?

Funny how the repukes are up in arms about activist judges legislating from the bench...until it's in THEIR best interest...

Bloody hypocrites....

[WePurrsevere]

13. Yes, exactly. A Judges decisions are to be made using the rule of Law...

not emotion, personal issues or what someone in governement wants.

[WePurrsevere]

11. If the "top government officials" are so worried about deaths of soldiers

they shouldn't have sent them to DIE for LIES in the first place. They shouldn't have given even the slightest impression at ALL that torture of prisoners is in anyway shape or form acceptable.

Sorry but the only thing they're worried about is the PR they'll get. They're frightened out of their minds with the fear of how AMERICANS and the world will react towards THEM if these atrocious photos come out. The politicians are worried about contributions to their campaigns and getting their votes. The military is worried about their slumping enlistment numbers going down even further until the ONLY rabid few enlisting will be total whack jobs and sickos who enjoy torturing and killing fellow human beings.

"Deaths could result"... the only "deaths" they're worried about is the death of money... the death of their "career".. Top government officials (aka: BushCo) have made it abundantly and increasingly clear, especially over the last 2 weeks, how much they "care" about American citizens and soldiers. :grr: :puke:

[Geoff R. Casavant]

17. “I can’t substitute my opinion for the opinion of General Myers.”

Yes you can, your honor. It's called issuing a ruling.