Nov 16th, 2009
Posted by Ateqah Khaki, National Security Project at 2:23pm	Torture

Secretary Gates Says Americans Should Not See Torture Photos

Late Friday night, the government filed a brief in which Secretary of Defense Robert Gates purportedly invoked his authority to block the release of photos depicting the abuse of detainees in U.S. custody overseas. The development came in our five-year-old lawsuit for the release of records, including photographs, related to the abuse of prisoners. Secretary Gates was granted the authority to exempt certain images from disclosure under the Freedom of Information Act (FOIA) as part of the Homeland Security appropriations bill signed by President Obama last month.

An amendment to the bill grants the Secretary of Defense the authority to suppress certain photographs deemed harmful to national security. After the bill was signed into law, we urged Secretary Gates’ not to invoke the authority to block the release of the photos. Unfortunately, not only did Secretary Gates invoke the authority, but his blanket certification states that it applies to all of the photos, failing to provide the individualized assessment that the amendment's language requires. The government also failed to provide any basis for the claim that disclosure of the photos would harm national security. We plan to file a responsive brief.

As Adam Serwer pointed out in Tapped this morning:

What suppressing the photos probably also does is help prevent the kind of widespread public reaction to torture that we saw following the release of the Abu Ghraib photos. It's one thing to hear about torture in the abstract, it's another to see its effects visually. By suppressing the photographs, the White House is also circumventing potential criticism of its decision to seek as little accountability as possible for the behavior the pictures portray.

Alex Abdo, a legal fellow with the ACLU’s National Security Project stated in a press release

The government's argument for suppression of the photos sets a dangerous precedent – that the government can conceal evidence of its own misconduct precisely because the evidence powerfully documents gross abuses of power and of detainees. This principal is fundamentally anti-democratic. The American public has a right to see the evidence of crimes committed in their name.

Meaningful accountability is impossible without transparency. Learn more about the ACLU’s accountability initiative, and take action today at www.aclu.org/accountability.

 

Permalink |	Torture

1. Anonymous Says:
   Nov 16th, 2009 at 2:48pm

   YOU are the cause of 9-11. and the down fall of this country.Please keep it up your doing a good job as the destoryer of my country. From a 70 year old american who is ashamed of this country.

   You have taken away our BALLS Thanks for nothing.

2. Anonymous Says:
   Nov 16th, 2009 at 2:49pm

   This is what i thought would happen when the fist time the gov't acnowledged the topic. To make these photos not available for the public to see is a clever way of hidding what has been done. Then they claim it will hurt nationial security if these crim photos get released. The bad part about this is this can spill over to the NYPD or any other PD across the nation to use as their new tool. All they have to do is say the photos of the person they just beat up cant be released because it will be a danger to the city. Its an exellent cover up tool, its just ashame that a country and a administration that that about public disclosure is doing the opposite.

3. Anonymous Says:
   Nov 16th, 2009 at 2:52pm

   I believe that you will find Congressman Duncan Hunter's self incriminating statements made during a U.S. House Armed Services Committee hearing a few months ago to be much more harmful than these photos. The following information is provided:

   Background:
   Congressman Hunter served as a 1st and 2nd LT, USMC during the period of 2002 to 2005. From 2005 to present time, he serves in the USMC-Reserves and currently holds the rank of Captain. While on active duty he spent two tours in Iraq and has spent one tour in Afghanistan since his discharge from active duty.

   In 2008, Hunter was elected to the House of Representatives filling the seat that his father vacated after 28-years. He is assigned to The Armed Services Committee and to the Education and Labor Committee.

   Source of Self-Incriminating Statement:
   C-SPAN recently aired a House of Representative’s hearing on “Military Commission and Detainee Policy”. The hearing can be viewed on the Internet at C-SPAN’s Website Video Library.

   At the 2hour, 1 minute, and 57 second part of the video, Hunter clearly incriminates himself, others, and the military establishment of war crimes being perpetuated in Iraq and Afghanistan.

   Summary of Statement:
   Hunter states that the Department of Defense lawyers make life hell for people like him fighting the wars. The DoD laws makes them kill more people. Soldiers and Marines do not want to capture insurgent suspects so they kill them. He (Hunter) seen it happen. Judge Advocate General (JAG) officers, usually 03 - 04 (Captain - Major) level, frequently advise the Generals to release the suspects instead of holding them. The troops release the detainees as directed and then kill them. He (Hunter) seen it happen.

   Per his own statement on public television, Congressman Hunter has broken numerous articles of the UCMJ. As a Captain in the USMC-Reserve, Congressman Hunter remains subject to the USMJ and therefore, should be investigated, charged and tried under a Courts Martial if the charges are true. In addition, persons that he names as the killers of the detainees, their immediate superiors, and higher echelon military leaders that condoned these war crimes should be investigated and held accountable.
   - - - - - - - - - - - - - - - - - - -
   Potential Articles of UCMJ That Apply:
   Article 77—Principals
   Article 78—Accessory after the fact
   Article 90—Assaulting or willfully disobeying superior commissioned officer
   Article 92—Failure to obey order or regulation
   Article 93—Cruelty and maltreatment
   Article 98—Noncompliance with procedural rules
   Article 133—Conduct unbecoming an officer and gentleman
   Article 134—General article
   Article 134 - (Homicide, negligent)
   Article 134 - (Misprision of serious offense)
   Article 134 - (Obstructing justice)

   - - - - - - - - - - - - - - - - - - - - - - -

4. Anonymous Says:
   Nov 16th, 2009 at 4:33pm

   You are the reason prayer has been removed from schools, and the pledge od allegence, why don't you people shut the fuck up. If you don't like the way things are run get the fuck out of this country, Here in AMERICA,IN GOD WE STILL TRUST........

5. Anonymous Says:
   Nov 16th, 2009 at 4:33pm

   You are the reason prayer has been removed from schools, and the pledge od allegence, why don't you people shut the fuck up. If you don't like the way things are run get the fuck out of this country, Here in AMERICA,IN GOD WE STILL TRUST........

6. Steve Says:
   Nov 16th, 2009 at 7:05pm

   Releasing these photos would do nothing but inflame anti-american setiment domestically and abroad. This would not only endanger our men and women who serve over-seas, but these pictures being made public would also endanger civilians who's employment takes them to foreign lands.

7. Mad Buckeye! Says:
   Nov 16th, 2009 at 7:20pm

   Wars can't be won when broadcast on tv. Photos of the methods in which we try to WIN them are of no business being shown. The photos would only anger our enemies more so and retribution would be more suicide bombs or another 9-11. Whats wrong with you people here at the ACLU. We're you all picked on in school? National Security over rides certain civil liberties. Some things are just none of our business. We do have free elections where wqe can vote people out due to poor performance. How come none of you ever support conservatives? You mean to tell me every liberal, democratic president has been perfect?
   You're gonna have us all dead or attending islam classes before its done.

8. Karen Romero Says:
   Nov 16th, 2009 at 10:01pm

   First of all, I would like to say to people that make comments on websites and do not tell their name and use screen names or names like anonymous...they do not sound credible.

   Second of all, I am one of the few people on this planet that is not scared of any secrets that I may be hiding...why is that...because I am not hiding any secrets!!!

   Third of all, Mr. Gates the real reason you don't want to release those pictures is because the world would see the horrific filth behavior that was done to those prisoners! Do you know that I actually saw one of your former co workers literally nailed to a cross in the abyss choking on live crow after I had surgery at a corrupt hospital in Philadelphia back in 1993. Of course you recall which co worker I am referring to...his name is Robert James Woolsey. He and the entire CNIA [CIA] are in big trouble. You see the reason why Woolsey was literally nailed to a cross in the abyss is he thought he was more powerful than Jesus and he found out that he wasn't. It seems to me it would have been easier for him to tell the truth!!!

   I ask you Mr. Gates to reconsider and show those pictures to the world. And, to you numbnuts that think this is some kind of threat...that is so far from the truth. I am simply telling you what the real records say. Those would be the Akashik Records! Not records that the CNIA redacts. Not records that the CNIA shreds. The REAL RECORDS!!!

   Truly,
   Karen Romero

9. Paen Says:
   Nov 17th, 2009 at 2:07pm

   If the war mongers are so concerned that these photos will enflame Anti-American sentiment why do they keep spouting Anti Muslem hate propaganda on the internet?Don't you know that Muslems
   have computers and can read what you folks are saying about them?
   But then again what can we expect from chicken hawks who fight their wars on internet blogs while others get killed in the real wars that these idiots love so much.

10. Paen Says:
    Nov 17th, 2009 at 2:10pm

    If the war mongers are so concerned that these photos will enflame Anti-American sentiment why do they keep spouting Anti Muslem hate propaganda on the internet?Don't you know that Muslems
    have computers and can read what you folks are saying about them?
    But then again what can we expect from chicken hawks who fight their wars on internet blogs while others get killed in the real wars that these idiots love so much.

11. Karen Romero Says:
    Nov 17th, 2009 at 4:49pm

    Dear Paen,
    I agree with what you sare saying, people need to be more aware of each others feelings. If you continue to spread lies over the internet, complaining about the concequences is silly.

    But then again, I am not a cedible source. To be honest, I'm not even a woman. Well not anymore... ;)

12. ugg boots sale Says:
    Nov 18th, 2009 at 1:52am

    Who's driving bailey button ugg shiny big cars,And everyday I see the news,All bailey ugg boots the problems that we could solve,And when a bailey button situation rises,Just write it into an album，Singing classic tall ugg boots straight,too cold.

13. Anonymous Says:
    Nov 18th, 2009 at 9:20am

    why would you want the photos out there only to hurt the ones who protect you dummies do any of you have a family member over there i bet you dont bet you that they fight to keep this country safe iam sick of people saying it wont cause more harm you know that it will you no that and you a hole keep it up you go fight or better yet send you kid over there because untill you have a family member over there you dont no the hurt when dumb things are said

14. Anonymous Says:
    Nov 23rd, 2009 at 5:21pm

    You know what I am glad they did what they did to those fucked up Iraqs If you can fly a plane into out country and kill thousands of people and not think anything of it ,.. I think that we should hang them up from there balls and beat the hell out of them.. because ACLU they will do this again on USA soil and I hope that the memebers of the ACLU will be in the front line to get hit first then see how you feel with it happents to you.. Well make sure we let them walk when they kill your dumb ass ok and your family

15. laura stephens in Tenn Says:
    Nov 23rd, 2009 at 5:41pm

    Its so funny were so worried about what people think of what we did to the captured but has anyone thought about what they did to us them being covt ered up so they could cut the head off of our American people who fight for the freedom of the ACLU to act the way they do and take God out of everything Shame on you.. While our Husband, Wifes, Brothers, Sisters. Fighting to give you the right to show you ass like you do Taking God outof everything.. You will be the ones going straight to HELL... Laura Stephens

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