By SEAN O'SULLIVAN / The News Journal
04/29/2005A
University of Delaware professor's Freedom of Information lawsuit to get access to military photos of flag-draped remains at Dover Air Force Base was well-founded, some legal experts say.
When the government took photos of the boxes of remains being taken off planes, they became public documents, said Alice Neff Lucan, legal counsel for the Maryland-Delaware-D.C. Press Association.
And under the Freedom of Information Act, or FOIA, there is no exemption for photos of remains, she said.
It would perhaps have been different if the remains were identifiable, Lucan said. Courts have placed limits on access to documents and other records that are seen as a personal invasion, like autopsy photos.
Some images of flag-draped remains were released in 2004 under a FOIA request but the Defense Department later said it was a mistake and refused to release more. Pentagon officials said the policy was designed to respect the privacy of the soldiers' families.
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