First, President Obama said he would agree to the release of 21 photos of prisoner abuse by U.S. military personnel (and 23 additional photos "identified as responsive"), as ordered by the Second Circuit Court of Appeals in response to a suit filed by the ACLU. Then Obama changed his mind, and on Thursday, went to back to the Circuit Court and asked it, according to the Washington Post, "to recall its order requiring the release of photographs held by the Pentagon."
But, there was a new wrinkle. The UK Telegraph released a story saying the photos that could be released included horrific pictures from Abu Ghraib that "show torture, abuse, rape and every indecency." Furthermore, their sourcing was impeccable, as the information came from Gen. Antonio Taguba, who had conducted an internal Pentagon investigation of the Abu Ghraib scandal in 2004.
Of course, as Peterr’s post pointed out, the Telegraph story was met with immediate denial by the Pentagon. The Daily Telegraph was accused of having "completely mischaracterized the images."
Do you smell the rising smoke of a pending scandal growing? If not, consider what came next.
Today, Scott Horton posted a story at The Daily Beast, verifying the authenticity of the British paper’s report:
The Daily Beast has obtained specific corroboration of the British account, which appeared in the London Daily Telegraph, from several reliable sources, including a highly credible senior military officer with firsthand knowledge, who provided even more detail about the graphic photographs that have been withheld from the public by the Obama administration.
A senior military officer familiar with the photos told me that they would likely provoke a storm of outrage if released. The well-informed source confirmed, just as reported in the Telegraph, that many of the photographs are sexually explicit, including those mentioned above. The photographs differ from those already officially released.
It took less than a day for the next turn of events. According to a CNN report, the Obama administration has made a motion to recall their request for a hold on the pictures release from the federal appeals court, and will take their request directly to the Supreme Court.
The government said it would proceed "absent intervening legislation" from Congress….
Last week, the Senate voted for the Detainee Photographic Records Protection Act, which would limit the reach of the Freedom of Information Act in this instance. The House could adopt a similar provision next month as part of an omnibus spending bill.
The government has until June 9 to file its initial appeal with the Supreme Court.
The quick change in strategy by Obama points to a great deal of anxiety about the impact these photos will have; and I don’t mean necessarily the photos directly related to the ACLU suit, but those other pictures — hundreds or thousands of them, including the suppressed Abu Ghraib photos — which would have to be released "consistent with the Court’s previous rulings on responsive images in this case." (H/T Peterr).
While it may be true that the Obama administration and the generals and admirals in the Pentagon are afraid of the effects the pictures’ release might have on U.S. efforts in Iraq, Afghanistan, and Pakistan, it seems just as likely that they are very worried that if these photos are released in toto that demands for investigations and prosecutions here in the U.S. will become overwhelming.
Government censorship is usually directed against the domestic population. This case appears no different. It appears Obama is not above using the Supreme Court for political purposes. They should turn down his request.



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Jeff,
I want disclosure.
I want disclosure of the crimes, and photos entered as evidence in a trial. These photos are awful and I’m torn if they should be public, much like autopsy photos or crime scene photos. It’s sensitive.
However, I am dismayed that the Obama administration seems to be ########### a cover up of Bush/Cheney crimes.
I was impressed with Gen. Petraeus’ interview on Fox (!) when he stated we should not be afraid of the values we send our military to defend.
They already hate us for all the imperial murders in their countries….So? Let the very loud calls of outrage for investigation begin.
I want disclosure, too. Even if the ACLU gets their pics released, it won’t mean immediate release of ALL photos. The most egregious pics from Abu Ghraib are locked away, and it will be difficult to exhume them.
I think Obama deserves no support on this one.
Tangentially related, I just realized that Sonia Sotomayor serves on the Second Circuit Court of Appeals, where this case is being decided.
I want to add that the word descriptions of the photos are horrific enough for me to want to press charges, FGS. I remember reading the Scott Horton article where everyone inc. Rumsfeld is raking Taguba over the coals and asking if those acts really constituted torture, and wanting to be able to deny having seen the pictures. Taguba replied IIRC that he considered broken glass bottles used on someone’s rear end to be torture. And no one could argue with that.
We have all the evidence the DOJ needs to press charges. Do it. Now.
The increasingly sick observation is that these photos all, presumably, were created on George W. Bush’s watch. Ordinarily, CEO’s favor releasing bad news in huge dumps when they can blame it on their predecessor. Why this unseemly reluctance on Obama’s part to do the right thing when he can take credit for that and direct the resentment to others?
The marginal impact on our serving military personnel in the Middle East (with more than that number of ueber-expensive private contractors) would seem limited. Their foes, civilian and radical alike, already resent their presence.
The diplomatic blowback might be considerable. But doesn’t that depend on how much – or how little – Obama’s efforts differ from Bush’s, both in his aims and his actions?
Should she not be recused?
Why, with President Obama trying to stop these pictures, do I get the image of King Canute trying to keep the ocean back?
I have no doubt the photos are everything the Telegraph desribed and then some. Obama had no clue as to the full extent of the horror depicted in these photos when he said he would release them. Looks like even he wasn’t prepared to deal with what really happened. Maybe he will finally see buscho for the criminal animals they are and stop trying to block investigations.
The best possible spin I can come up with is that Obama is trying to avoid appearing too ”partisan” and eager to pursue these prosecutions. Not that the wingnuts would give him any credit for his reluctance.
But I remain skeptical and disappointed until I see some prosecutorial action by his DOJ.
I don’t want to see these creepy pictures, and I really don’t want them seen worldwide. It just turns my stomach. But, if it’s a matter of prosecutions vs. no prosecutions, the trials are most important.
Isn’t there PLENTY of material, though, without these photos? Or would these be used to prosecute the actual torturers.
as i have said many times[censored every time], obombya is the more mulatto george walker bush.
there has been no change. will be no consequential change. the us invasions of iraq, afghanistan, pakistan will be continuing.
obombya will continue to do the work of the bilderbergers and bleed the usa into a full-fledged banana republic. sort of like argentina. guatemale. honduras. el salvador.
Should she not be recused?
No.
Though it would be politically expedient, let’s see what she’s got.
Way I see it, Obama is either joining the war criminals, or he’s a coward, afraid to confront them.
And that goes for Holder too.
DING!
Aiding and abetting even.
or he could be going through the motions, privately hoping to lose.
I’d love to see Judge Sotomayor rule against the President, and have this suspicion that the President might be hoping that the Court, and Judge Sotomayor, does exactly that.
re Eric Holder: I’ve seen a whole lotta nothing to respect about him….
Ah HA! I knew I smelled a rat.
Detainee Photographic Records Protection Act of 2009 (Introduced in Senate)
S 1100
Mr. LIEBERMAN (for himself, Mr. GRAHAM, and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
The case at hand I believe is an ACLU FOIA request to DoD for 44 pictures. No one is really clear about what is in these.
Separately, at one point Obama and DoD were going to voluntarily release over 2000 pictures, but Obama backtracked on that after some pushback from senior military officers. Among these pictures are a set that shown in 2004 to members of Congress, who regardless of party affiliation expressed shock at the time over their contents. Someone should retrieve the news articles about this viewing. These are in fact the photos that the Taguba report investigated and most likely the ones that the Telegraph is referring to. The Taguba report itself, which is public, documents the acts portrayed in these photos. In fact it was the photos on a CD from a soldier stationed at Abu Graib that blew the lid off this story to begin with. And set Dan Rather up for a vocational hit job.
Taguba was “retired” after the release of the Taguba report.
Of course, having gotten a court order from the appeals court in the ACLU case he definitely is going to take it to the Supreme Court. If the Supreme Court refuses to hear it, he will have to deliver the pictures to the ACLU. But more importantly, there is a legal precedent that binds any future president in a similar situation.
It’s a win-win for Obama. If ordered to, he gets precedent. If the order is vacated, he is not pushed on the issue.
All in all, public pressure is good for Obama living up to his campaign promises.
Holder I do not understand.
Obama, though, appears to me to be trying not to look “partisan”.
I saw a claim somewhere (can’t remember where, read too many blogs today) that the Pentagon may be trying to split hairs, that there’s more than one set of pictures and the rape images aren’t in the particular set of images that are being withheld. If so, that’s just some spokesperson trying to be overly clever.
I would be OK with withholding some pictures if the pictures were going to be used as evidence to prosecute someone. I have a small degree of sympathy for the argument that disclosure could endanger our troops, but if so, a disclosure that accompanies a rape trial would be far less damaging, so that at the same time the picture comes out showing the brutal rape, there’s a prisoner in the dock who’s the one believed to have committed the brutal rape. Then the international public would get the idea that something has really changed.
Considering it’s an attempt to hide known evidence.. I have no patience for the possibility he’s playing chess.
On edit… or pretty much what jayt said at 16.
I basically offered up the same thought as jayt (chess as partisanship antidote) but when I do that, I feel overcome by my own Obama worship, which makes me nauseous, and then I know I’m had and have to check myself.
well well well. would ya look at that? nice catch, ES.
I do not want to see them either.
And if it was you or a family member or a friend being tortured or raped in those pictures, would you want this additional, very public, humiliation?
I think their use should be limited to evidence in investigations or trials.
You know, when wingnuts start yelling about endangering our troops, I would hope that many more will point out that there are still lots of principled military folks who would like to root out the bad apples and the bad policies. They really do understand the principles for which they are fighting…they’re not just a bunch of pitbulls attacking whatever moves.
I asked this earlier today on a drive-by but couldn’t stick around to see the responses: what makes anyone think the fix isn’t in? Obama’s pursuit of legal actions makes me think it is. Otherwise it’s a complete losing strategy for him. Therefore, he must know that the SOCTUS will rule in favor of him.
Considering it’s an attempt to hide known evidence.. I have no patience for the possibility he’s playing chess.
1. It’s entirely possible that I’m wrong.
2. Even if I’m right, I would most certainly appreciate a more straightforward, balls-out approach.
3. If Judge Sotomayor rules against the Obama publicly-proclaimed position, her confirmation is a dead certain lock, and the R’s would once again look like major-league fools to oppose it.
ES, this is fodder for another post, methinks. I wonder if any of our esteemed senators would amend this bill to limit the period of time this nondisclosure would apply to. If the heinous treatment has stopped, then why fear the camera or disclosure of pictures?
OTOH, I always thought it was quite bizarre that people took pictures of this as though they were going to use them in a scrapbook. Truly heinous.
Ooops for ES at 17
I am in favor of disclosure. But going to the Supremes (1) deflects the Pentagon’s fire from Obama (2) takes the torture commissions/trials hot potato out of his hands (3) creates precedent in law that future presidents cannot reverse with a stroke of the pen.
I know, I know. We agree for the most part. I’m just very frustrated. He should have stayed out of all of this to begin with, imo. Or at least kept his word.
I have no faith in the senate. Only a tiny bit of hope the House may not go along with it.
But this is a cowards bill.. hard to think it won’t go through. Hiding evidence from the people once again.
Release of the photos would be less damaging if this were part of a broad effort by Obama to come to terms with torture and abuse under Bush. If we were seeing investigations begun and the promise of prosecutions, then release of the photos would be seen as us coming clean and dealing with a bad situation in a mature way. Most of the blame could be dumped where it belongs on Bush and those who served his Administration.
But this is of course what is not happening. Obama has said from the beginning that he does not want to investigate, does not want to prosecute, does not want to make a full and open accounting. Seen in this light, Obama has no reason to release the photos and every reason to keep them secret. It all comes down to more change we can’t believe in.
I wish that was the case. But when I checked out the places where most Americans get their news — drive-time radio (CBS and NPR, in my case), network evening TV news, and the headlined news stories on their chosen web portals — guess what story was the top story?
That’s right, the non-scandal over Sotomayor’s words taken out of context. The real scandal of today, the torture photos (and the fact that Gen. Petraeus admitted that we broke the Geneva Conventions), wasn’t mentioned, not even once.
He should have stayed out of all of this to begin with, imo.
agreed. But now we’re back to trying to figure out whether Eric Holder has any redeeming value whatsoever….
The big problem: Nobody cares. Seriously. Especially not our Traditional Media.
How many times, aside from FDL and other liberal blog sites, did you see this mentioned in the news today? I haven’t seen it mentioned once. Not on NPR, not on CBS, not in the local papers, not on the Yahoo or AOL or Google web portals.
Spot on. Introduce the photos as evidence in prosecuting the high ranking Bush officials responsible for the torture policy and the rest of the world will applaud our reinstated support for the rule of law.
Let the perps walk and our image will suffer, regardless of whether the photos are ever released.
This conservative SCOTUS tends to bend over backwards to accommodate the Executive on national security matters. All the detainee cases from Rasul to Boumediene have been decided against either the Executive or Congress because Bush sought to restrict the Court’s purview. I don’t think the conservatives on the Court give a rat’s ass about detainees but they do cherish their prerogatives.
Unconstitutional as all hell. The bill is outrageous. Small wonder the three stooges of the apocalypse – Lieberman McCain and Lindsey are behind it.
I noticed the same thing on the News Hour AND Washington Week. All the discussion of the Sotomayor statement ignored the fuller context. Mark Shields has become as useless in stating Dem positions as James Carville.
Ditto on the failure to report the Petraeus admission.
Current Yahoo Headline reads, “Obama says he’s sure Sotomayor would restate 2001 comment”.
I think the way u look at it is accurate. Still, I wonder if the fix is in, perhaps a prid pro quo.
What an interesting factoid. It leads one to believe that she was chosen for purely political reasons..errrr cover.
Å few days ago, I heard Gibbs say twice that Sotomayor agrees with Obama on judicial policies. Anybody else catch that?
I think the fix was in when we had only 2 choices – Obama and Hillary.
Fix has been in a long time IMO.
If releasing the photos will help prosecute these criminals, then I say, do it. Obama and his ilk are running the justice dept, not Holder, who’s there as window dressing.
I know this will be epu’d but there’s another problem with releasing the photos. Americans will be less supportive of our own troops. Deja Vu all over again. This could be a statesman-like position for Obama to take or (if I were cynical) I could say that the dems don’t want the image of turning the country against our own soldiers as they turned against them during the Vietnam war. That was ugly and no one wants that to happen again.
It won’t matter now (I think), as Obama is skipping her court. My tinfoil antennae thought at first there was some hidden quid pro quo, but that was really speculation running wild. Why go to SCOTUS? I guess he believes he’ll get a better hearing there, or if not, at least the issue won’t drag out forever. (Is this another instance of eleven-dimensional chess? Or does anyone even believe in such things anymore?)
Ahhh…. Lieberman! That explains a lot. I should have known. Now, when it comes to the House version, I’d think Pelosi would have a lot to say about such legislation, right? Oh… Pelosi…
Once the pictures have been published, Americans will be much less quiet about continuing the wars in Iraq, Afganistan, Pakistan. Don’t you think it would make the ‘endless’ wars more difficult to continue, and make it harder for the economy to recover? Aren’t ‘arms’ about the only thing we still produce?
I do support having the pictures released, if only to raise the consciousness of the masses. Most, I think, are very ignorant about the torture. If they actually saw some of the results, I think they would be deeply shocked. And many, many will look, out of morbid curiosity.
His game is poker as was talked about often during the campaign. Poker players are great actors, able to hide their feelings and bluff.
Chess players have to think about plays well in advance. Poker players need also to be smart but they hide and pretend and keep secrets and know when to fold in order to not lose what they still have on the table. Timing and bluffing are everything.
If the photos get released, I guarantee you they will be the top story. Right now it’s all about legal maneuveuring and to the general public, stupified by decades of mindless drivel, that’s all so ho hum.
A You Tube video of U.S. soldiers raping a boy, and the latter’s screams… I tell you that will not go unnoticed. Not at all. Remember the furor the photos that did come out of Abu Ghraib thus far caused.
I would hope Americans would be just as or more supportive of the troops, and LESS supportive of these endless wars.
why, it is almost as if a war of aggression is the supreme war crime, which contains within it the seeds of all other terrible war crimes, including torture and rape.
Most (D) leadership went along with the Bush regimes war of aggression, they still do not call it what it is, and Obama/Biden admin is continuing the occupation and all the attendant, new ongoing horrific crimes.
except, here is Change, the Obama way – digital cameras will be strictly banned from the torture chambers and black prisons, and anyone caught violating this policy will be way more seriously punished than for violations they commit on their victims.
so of course he is fighting release of these photos – he is continuing the same policies! Occams razor, simple as that, no need for 10th dimensional chess or such absurdities.
this board is being pretty tough on obama, as it should be. that said, he is playing apolitical game quite adeptly. i don’t like it when he kowtows to the creeps on the right but i respect him quite a bit for a few of the things he has done. how he has handled wall street is a shame but so far everyone who ascends to this level did so with corporate big money. he is making allowances for that segment.
The irony of all this -and yes, it’s worth laughing at- is that the news from the Telegraph and the followup by the Daily Beast will have ALREADY made it into the middle east news circle (and may actually get worse as the word of mouth verisons circulate).
A clear case of trying to lock the barn door after the horses have run off; the other commenters such as Hugh who point out that failure to investigate and prosecute will have the absolute opposite effect from the effect that would come from ‘fessing up’ and taking actions seen as ‘retribution’. ARE CORRECT !
Just goes to show that 50 odd years on from the publication of ‘The Ugly American’ our foreign policy hasn’t learned a damn thing (or if they have, the moneyed interests prevent them from doing what is needed).
Ah, Amerika.
Just a transparent coincidence I’m sure.
Iraq will wind down per agreement.
We’re not much (if at all) in Pakistan.
Our involvement in Afghanistan is the one which will continue.
“Bleed” America? Not quite. He’s trying to keep it going so it can get stronger.
There is another way to put it…my guess, that rather than “not looking partisan” he actually is being “not partisan” and he either believes these need to stay locked up (as some people here admit) or he’s just letting the case(s) go through the courts where it/they won’t be dealt with by elected politicians.
Yes yes, absolutely right. “Absurdities” bah.
“I want disclosure – NOW!”. Be proud, renew your ACLU membership. Make those ‘bullshit fog of war boys’ pull down that complete study of Ma Lai
by John Bradshaw and study it. Those pentagon lifer dogs payed John our good taxpayer money to study Ma Lai to make sure the US would never repeat
atrocities like this again. Bradshaw’s study must be collecting dust at the Pentagon, thought George W. Bush had people who could read for him. Looks like the Democratic Party needs to have one of those White House – Remedial Constitution Reading Parties, they’ve got to stop acting like conditioned Skinner Rats and laying down when the executive starts Monarching, AKA Republican Party Terrorist Attack 2000-2008.
There is an interesting article complete with links on Kos titled
A Deeply Unfair Cast of Mind
by Garrett
It is surpising how closely the linked documents contain portions that closely follow the descriptions given in the Telegraph’s account.
http://www.dailykos.com/storyo…..st-of-Mind
Why do I keep staring unbelievably at this scenario and keep asking myself why? Is Obama really trying to force a final Judgment about Presidential constitutional overreach? Does he want to have the Supreme Court say “you can not go that far” or if they say “OK” then he is the second king of the American Monarchy which began with George Bush. Help me here everyone I am truly lost.
I read about the existence of the boy rape video somewhere in 2004. The story didn’t get any traction then.
General Taguba now says that the withheld photos weren’t the ones he was talking about and that he supports Obama’s decision:
But Salon says that they might have already released the withheld photos: