White House Appeals Detainee Abuse Photo Release To Supreme Court

[bigtree]

May 29, 2009 12:05 p.m. EST

Washington, D.C. (AHN) - On Friday, the Justice Department filed a motion with the Court of Appeals for the Second Circuit informing them of its decision to appeal to the U.S. Supreme Court in the ongoing battle over the release of photos depicting the alleged abuse and torture of detainees in Iraq.

On behalf of the White House and the Defense Department, "the Solicitor General has determined that the government will file a petition for a writ of certiorari in this case, absent intervening legislation."

In its filing, the Justice Department explained; "Congress is considering legislation (already passed by the Senate) that would exempt certain photographs-including those at issue in this case-from disclosure under the Freedom of Information Act."

Releasing the photos "poses a clear and grave risk of inciting violence and riots against American and Coalition forces, as well as civilian personnel, serving in Iraq and Afghanistan," the filing explained.

read: http://www.allheadlinenews.com/articles/7015316993

[sundancekid]

1. talk about confluence! can sotomayor get on the SCOTUS in time???

2nd Circuit Appeal notice for SCOTUS certiorari petition ... this case would be truly precedent-setting ... popcorn time

[librechik]

2. Whaaaaat? Congress will legislate an exception for "certain items"

what????

[bigtree]

3. they're concerned

. . . about the stifling effect of the revelations on their continuing terror war on Afghans, Iraqis, and now, Pakistanis.

[shadowknows69]

4. Releasing the photos....

"poses a clear and grave risk of inciting violence and riots against American and Coalition forces, as well as civilian personnel, serving in Iraq and Afghanistan," the filing explained.

And maybe a clear and grave risk of riots here at home.

When people see for their own eyes what monsters we've been.

[redqueen]

6. Or perhaps it will make many at least pause and reconsider the nearly blind support

that the mililtary (and by extension, military budgets) enjoy.

[bigtree]

8. That's the Pentagon's concern: the political impact on support for their continuing militarism

Gates said, initially, that it was 'unrealistic' to expect the photos would be kept secret:


"I think pretending that we could hold all of this, and keep it all a secret, even if we wanted to, I think was pretty unrealistic. So we'll just have to deal with it," he told reporters.

"There is a certain inevitability I believe that much of this will eventually come out and much has already come out," he said during a visit to the Camp Lejeune military base in North Carolina.

then he qualified his statement . . .

Asked if he backed the release of the memos, Gates said: "My own view was that I regarded the information about a lot of these things coming out as inevitable, and therefore how do we try and manage it in the best possible way."

http://www.google.com/hostednews/afp/article/ALeqM5iiCI9uDMed54iFPuJD1D8cNQp0uQ

[shadowknows69]

9. Why don't they understand the point

That if they're sure the photos will get out anyway, it makes them look eveb worse for refusing to release the photos themselves.

[bigtree]

16. right. They're now stuck in this defensive posture

Most of the individuals they're trying to influence know the substance of these photos already by their own experience with the U.S. military and its agents in the intelligence and with the contractors they used.

Their likely reaction will now be that the U.S. government is trying to cover these up, instead of the openness and accountability the president promised and intended with his release of the torture documents.

[OmmmSweetOmmm]

5. Change we can believe in

:puke:

[ThomWV]

7. Another outrage in the name of freedom.

[nadinbrzezinski]

10. But many round these parts love it, they are treated like children

and they just lap it up

[jberryhill]

11. What I Like Is The Rule Of Law

I believe the photos will probably come out.

The administration is entitled to have the issue decided by the Court, and I have every confidence the administration will abide by the Court's decision. I think the administration will probably lose.

Where we have gotten, through the outstanding disregard for the rule of law by the Bush administration, is forgetting that each of the branches has its role, and the system works when they all are engaged within their sphere of authority.

Overall, if these pictures are what they are cracked up to be, then I believe it is a good idea to have the Court decide it.

[nadinbrzezinski]

13. The courts already have

and right now the Legislative branch wants to LEGALLY prevent their release by passing a law.

That is being treated like children.

And part of sweeping under rug part deux. Part one was Iran Contra

[jberryhill]

14. ...and the Supreme Court may deny cert.

When you say "the courts", do you mean "the courts, so long as we don't include the built-in appeal system"?

Courts order lots of things. Orders can be appealed. When you have exhausted your appeals, you are done. That's how the system works, and I have faith in it.

A court found Miranda guilty, too. I guess we could have done without the review of whether or not he should have known his rights upon arrest.

A court said Roe didn't have a right of privacy in medical decisionmaking. I could go on, but I think the point is clear.

[nadinbrzezinski]

18. You address the congress and yes I know they are going to the USSC

THE POINT WE ARE TRYING TO MAKE IS THAT THEY HAVE NO REAL LEG TO STAND ON. They are hiding evidence in the commission of a crime... a war crime.

See 1997 torture laws and UN Human Rights Convention as well as the Geneva Convention

This is about EMPIRE not law.

By the way I will be pleasantly surprised if this USSC rules against them... in this...

[tblue37]

17. With a 5-4 split on the SC, there's no way the photos get released. nt

[LooseWilly]

12. I notice it's the photos that are cited as a threat. Not the actions depicted, but the photos.

Am I the only one that notices this?

These actions have already occurred. These people could talk about it if they want (assuming they survived). People will believe them. I will believe them.

As I see it, Not Releasing the photos gives credence to any story that anyone can imagine telling. The only people that won't believe until they see the photos are Americans... and many Western Europeans.

But the notion that Congress is going to pass a law specifically applicable to these and similar photos that would exempt them from FOIA disclosure?? I think they're going to have to consider legislation to change the definition of "Nation of Laws" too... to include nations that change laws whenever they get in the way of expedience...

I have to say though, that personally I would find it extremely funny to watch if the Supreme Court refuses to take the case... watch as Obama stonewalls complying with a court decision while the Congress stumbles all over itself to do his bidding.

Funny that Congress has time to pass a law specifically exempting these photos... an issue that came up earlier this month... but they are just too darned swamped to get around to DADT...

[bigtree]

15. great point

quick to condemn the exposure, as Bush did with the Abu Ghraib pics, but loath to initiate any accountability for those who tolerated or ordered the abuses.