Presidential call on photo release

Obama call on not releasing photos is correct.

After all the previous revelations, prosecutions, etc., I would find the further release of prisoner-abuse photos to be gratuitously inflammatory.

Yes, you get to change your mind after you're standing in the Oval Office.

Comments

[Seth]

The ACLU will take this to court and probably win, which as a Harvard lawyer Obama knows. So the photos will still be released and Obama looks like he's supporting the military, win-win politically.

[dan Hare]

I have always said that when Obama gets in "THE CHAIR" he will change many of his positions. I'm glad to see that he has the gravitas to do so.

[Matt R.]

I would like to know whose rights are being infringed upon by NOT releasing these photos? To me, that proving that the rights of a certain individual would be trampled upon by NOT releasing these photos is the only way the ACLU could win. Are court cases pending in which these photos would be evidence? Then they should be released for those purposes only.By releasing these photos, the lives and liberties of the soldiers in the photos might be put at stake, restricting their rights to life, liberty and the pursuit of happiness.I do not think this is as clear cut as it seems. The government doesn't have to bend over for the ACLU.

[Patrick O'Connor]

The President's opponents need for this issue to break down along partisan lines. The ample number of conservatives who oppose torture prove it doesn't. The MSM in the Beltway likes to reduce all issues to a simple, binary equation of who is winning and who is losing which helps the torture apologists. Moves like this by the President counter the partisan tactic. And he takes to heart the advice from his generals that the release will endanger our people in the field.

[stuart abrams]

Matt - It is a Freedom of Information Act ("FOIA") lawsuit. Under FOIA, there is a presumption that information in the possession of the government is available to the public unless it comes within the a specific exception in the law. Here, the Court rejected the government's argument for applying the exception for law enforcement records disclosure of which might endanger the life of any individual. Obama apparently has decided to take this issue to the Supreme Court, which strikes me as reasonable. Interestingly, the Bush Justice Department seems to have raised this argument pretty much as an after-thought and based on the Court's opinion, did not present much evidence to support it.

[Matt R.]

Stuart,Will be interesting to see how this plays out in courts. You reference a "Court" with a capital C. Is that implying the supreme court? What (if any) are the differences when it comes to military matters? Does this have repurcussions for future actions and prosecutions of military members?

[hof1991]

If Obama is the decider on releasing the photos, then a future president can decide otherwise. If the SC decides that such photos MUST be released, then the precedent is set. Good call by Obama. He gets roll back and then acts to make it permanent and not a matter of presidential decision. Good for our Republic and the rule of law. Win-Win-Win.

[large]

The greatest problem is that the whole thing is being made into a Political mudslinging contest, which does nothing for the country's security and little for things to come . .

Obama may be far more intelligent than most have alluded him . .

(and I'm not an Obama fan)

[stuart abrams]

Matt - The Court I was referring to was the Court of Appeals for the Second Circuit. From here, the government would have to petition the Supreme Court for certiorari, which is a long-shot but on an issue of this importance, they might take it.large - I am an Obama fan, but what keeps impressing me is that he thinks like I imagine I would if I were President. That is only partially insufferable egotism. I mean, he thinks like a lawyer. When I read the Second Circuit opinion on the pictures, it impressed me that this is far from an open-and-shut legal issue, and when all your ground commanders are telling you that disclosure will cost lives, it seemed to me that it was a no-brainer that you should let this issue play itself out in the courts. My sense is that that is the way Obama approaches decision making, which really is a refreshingly non-ideological approach to the rule of law.

[William R. Cumming]

After all is said and done OBAMA is a lawyer by training. Since the DC Circuit Court of Appeals had already adversely ruled to the government's position this means the Solicitor General could see Certorari to the SCOTUS! No mandatory review by SCOTUS but I am guessing they will take it and OBAMA guessing they will also. Probably just did NOT want to spend time on this issue now and censorship issues are eventually going to haunt DOD and the military bigtime. Self-censorship is another issue and perhaps in both short and long run Obama made correct decision. Still a tough call. There were those that wanted the movies taken of the death camps at the orders of IKE to be locked away! What if that had happened?