Source:
LA Timeshttp://www.latimes.com/news/nationworld/nation/la-na-interrogate-photos14-2009may14,0,2416893.storyObama takes risk with reversal on detainee photos
In trying to block their release, he is angering liberal groups who usually support him -- and drawing praise from Republicans. Even if he loses in court, he can argue that he tried to protect troops.
By Peter Wallsten and Janet Hook
May 14, 2009
Reporting f
.............It was unclear Wednesday how officials would proceed, but it appeared likely that the matter would be decided in the Supreme Court, because two lower federal courts have ordered that the pictures be released.
White House Press Secretary Robert Gibbs said that the national security argument the administration intended to make in court -- that releasing the photographs could create a backlash -- was "one that hasn't been made before."
But, in fact, that issue was raised and rejected by a federal district court judge and the U.S. 2nd Circuit Court of Appeals, which called the warnings of a backlash "clearly speculative" and insufficient to warrant blocking disclosure under the Freedom of Information Act.
"There's no legal basis for withholding the photographs," said Jameel Jaffer, director of the ACLU's National Security Project, "so this must be a political decision."
Liberal groups said Wednesday that they intended to keep up the pressure on Obama. The ACLU is seeking many more documents, including memos laying out Bush-era tactics and transcripts of destroyed videotapes depicting harsh interrogation techniques.
Obama's dilemma is that he risks undermining one of the core principles he claimed for his presidency: transparency.
Lucy Dalglish, director of the Reporters Committee for Freedom of the Press, which joined the ACLU in seeking release of the photos, said she was "astonished" that Obama's lawyers would "find themselves in front of the Supreme Court fighting a FOIA request as one of the first major tasks they go to litigate." She said FOIA cases are rare at that level, and risky because "they don't often go well."
One senior Democratic aide, who requested anonymity when discussing White House decisions, assessed Obama's dilemma this way: "He's always trying to straddle these difficult questions. You make promises because that's what the public wants. But it's a lot different to promise than do it."
peter.wallsten@latimes.com
janet.hook@latimes.com
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http://www.latimes.com/news/nationworld/nation/la-na-interrogate-photos14-2009may14,0,2416893.story
One of the things that bothers me about this issue is that the WH only a few weeks ago said yes. Why did he not have the military review them prior to saying yes?? Now we have the flip flop issue. These photos will haunt the Obama presidency. IMHO--lets get them out, deal with it and move on.