Aug 7th, 2009
Posted by Rachel Myers, ACLU at 6:13pm	Torture

Government Asks Supreme Court to Hear Torture Photos Case

Today the Obama Justice Department petitioned the U.S. Supreme Court to hear an appeal of a federal court ruling that they must turn over photos depicting the abuse of prisoners in U.S. custody overseas.

An appeals court had soundly rejected all of the government’s arguments for withholding the photos in response to an ACLU Freedom of Information Act lawsuit , and it’s unfortunate that the government has chosen to contest that decision.

In response to the government’s petition to the Supreme Court today, Amrit Singh, ACLU staff attorney on the FOIA litigation said:

These photos would provide visual proof that prisoner abuse by U.S. personnel was not aberrational but widespread, reaching far beyond the walls of Abu Ghraib. As disturbing as the photos may be, it is critical that the American people know the full truth about the abuse that occurred in their name.

In September 2008, the U.S. Court of Appeals for the Second Circuit ordered the government to turn over the photos, and the Obama administration originally indicated that it would not appeal that decision. It abruptly changed its position shortly before the agreed-upon deadline, filing a motion asking the appeals court to recall its order for the release of the photos on the grounds that it would appeal the case to the Supreme Court. The court consented and recalled its mandate on June 10. The government has since received two extensions to its deadline to ask the Supreme Court to hear the case.

The ACLU is seeking the disclosure of the photos with all individual identifying information deleted, to protect the identity of those pictured. The courts have ordered them released in that form.

The appeals court was right to find that the photos should be released. As we’ve said all along, they are crucial to the historic record and to holding government officials accountable for their role in torture. It’s disappointing that the Obama administration, which has stated its commitment to transparency and accountability, is continuing to argue for such unnecessary and unfortunate secrecy.

Permalink |	Torture

Tags: Close Guantanamo

1. Sean Says:
   Aug 8th, 2009 at 11:48am

   So, do you think the Obama administration appealed all the way to the Supreme Court to take advantage of the court's current conservative, authoritarian makeup? That is, get blanket state-secret privileges legalized before a future court could rule differently?

   -S

2. Doc Says:
   Aug 8th, 2009 at 3:29pm

   "American Civil Liberties Union?" What Americans' civil liberties are you protecting in Guantanamo?

   Answer: none. Simply an opportunity to do some political bashing. Your lackey Obama won't do any better than Bush--probably worse, as he releases dangerous criminals (the people you love to defend) back into society, or pays unfriendly nations massive sums to "keep" them for us.

   If you would actually be true to your name and defend the liberties of Americans, perhaps you could do some good work. As it is, you are clearly an enemy of the American people and a friend to our enemies.

3. Paen Says:
   Aug 10th, 2009 at 4:19pm

   Obama stop acting like Tricky Dick Nixon.

4. Anonymous Says:
   Aug 12th, 2009 at 2:42pm

   Wednesday Aug. 12, 2009 14:13 EDT

   Attorney General Holder: Look at the torture photos

   (Editor's note: Glenn Greenwald is on vacation this week. Daphne Eviatar of The Washington Independent is guest-blogging today.)

   http://www.salon.com/opinion/greenwald/2009/08/12/photo graphs/

5. Paen Says:
   Aug 12th, 2009 at 3:31pm

   Doc you sound alot like some Soviet prosecuter raving about enemies of the people at a Stalinist show trial.
   The A.C.L.U.is standing up for the rights of all including the right wing crackpots who want a police state.After all they don't even censor people who are obviously attempting to pack this blog in order shout down anyone with Progresive point of view.Personaly I doubt very much that a right wing blog would tolerate such behaviour from folks the left.
   I think that the White Rose people put it very well in Nazi Germany'A police state is a country run by criminals.'

6. Debbie Says:
   Aug 12th, 2009 at 9:39pm

   When are you going to start protecting citizens rights? I read about all the frivilous lawsuits the ACLU are filing against prayer, the Ten Commandments and any other thing that offends Atheists. So, since most non christian people offend me, will you file a lawsuit for me? I doubt it. Why don't you help the people who truely need help. You are a worthless organization.

7. roald Says:
   Aug 13th, 2009 at 12:37pm

   Debbie, the ACLU has a long history of protecting citizen's Constitutional rights, even Christians' rights to practice their religion when the State tries to impose unreasonable limits. Read the stories under Religion & Belief.

   You have the right to be offended by non-Christians, though that seems to be a non-Christian viewpoint. What you, as represented by the State, don't have the right to do is force your Christian beliefs on the atheist, Muslim, Jewish, Buddhist, etc. citizens of this country.

8. rob Says:
   Aug 14th, 2009 at 12:24pm

   Well said Debbie. Take what is logical and fair, turn it 180 degrees - and thats what and who the ACLU will stand for.