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Supreme Court Throws Out Abused Detainee Photo Ruling

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The Supreme Court has thrown out a ruling ordering the release of photographs of detainees being abused by American captors, citing a change in federal law that allows the defense secretary to withhold such pictures.

The 2nd Circuit Court of Appeals, which made the ruling, will have to take another look at a lawsuit brought by the American Civil Liberties Union.

Defense Secretary Robert Gates and President Obama have said releasing the photographs could endanger U.S. troops by fomenting anti-American sentiment overseas.

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18 comments

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November 30, 2009 11:51 AM   

We are all Republicans now.

Defense Secretary Robert Gates and President Obama have said releasing the photographs could endanger U.S. troops by fomenting anti-American sentiment overseas.

S'port the trewps!

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November 30, 2009 2:00 PM    in reply to Riesz Fischer

I am glad to see posters here posting that we should support our good American boys. Boys will be boys but you need to support em.

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November 30, 2009 4:26 PM    in reply to Riesz Fischer

I hope they are as diligent about prohibiting activities that foment anti-American sentiment.

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December 1, 2009 8:33 AM    in reply to Riesz Fischer

Riesz,

sending 30,000 more troops to Afghanistan is what will foment anti-American sentiment overseas.

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November 30, 2009 11:51 AM   

Meet the new Bush (Obama), same as the old Bush.

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November 30, 2009 2:01 PM    in reply to mjshep

You know you miss me... (;

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EH

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November 30, 2009 11:52 AM   

See, we can't release them because they'll make us look bad. Not that there's anything bad in the photos, mind you.

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November 30, 2009 11:58 AM   

Now, that is Change we can believe in!

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November 30, 2009 12:07 PM   

Torturing folks (which might just anger those who believe torture is wrong) is okay (if it were not, those doing and promoting torture would be facing punishment).

Making torture photos public, however in not allowed because photos of crimes may incite people.

What about this scenario:
Put the folks on trial who disregarded the over two hundred years of laws and precedences which made this nation stand out in the forefront of every decent person on earth. Those who would be angered (or more precise, frightened) should be. They are the ones which we have sent countless innocent patriots to fight and die against throughout our history. They are the ones who disregard human decency and easily decay into animalistic behavior anytime it suits their goals. They are the ones who send and use others to do their evil deeds.

Now, however, the people we choose to represent us have decided that all those patriots who we have honored these past centuries were just fools.
Everything they stood for has been relegated to the manure pile and we need to support the new improved way of doing things.
To me, this stinks of many historic movements of the past... movements we ourselves stood up and condemned as wrong... movements we were willing to die for to stop.
But that was the old us... IMHO

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November 30, 2009 12:18 PM   

We are all Republicans now.

More to the point: We're all accomplices now.

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November 30, 2009 12:43 PM    in reply to tiowally

Accomplice implies participation. Other than dipshits that voted for Bushco and Obama (me too), what participation have we as citizens had. We vote for the best Congress we can, and get the best Congress money can buy, with virtually no inputs from the constituency and no responsibility or accountability from "our" government. I'd love to mount a private prosecution against the wrong doers, but that just isn't done in our country.

The privileged really do have a separate set of laws in the US.

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November 30, 2009 12:59 PM    in reply to Bushie

Perhaps I should have said accessories. Doesn't really matter. As Americans, we're all guilty.

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EH

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November 30, 2009 2:15 PM    in reply to tiowally

Uh, no we aren't. We don't have any effect on the situation.

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November 30, 2009 1:10 PM   

Silly President, photographs don't foment anti-American sentiment. The people who TOOK them do! Which is why they should be prosecuted, all the way up the chain.

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November 30, 2009 1:11 PM   

They should, at the very least, release the photo where Obama was forced to lick General Petraeus' boots. Since everybody already knows that's what happened.

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November 30, 2009 1:31 PM   

http://en.wikisource.org/wiki/Department_of_Homeland_Security_Appropriations_Act,_2010/Title_V#Sec._565.

Sec. 565.

(a) Short Title.—

This section may be cited as the ``Protected National Security Documents Act of 2009´´.

(b) Notwithstanding any other provision of the law to the contrary, no protected document, as defined in subsection (c), shall be subject to disclosure under section 552 of title 5, United States Code or any proceeding under that section.

(c) Definitions.—

In this section:

(1) PROTECTED DOCUMENT.—

The term ``protected document´´ means any record—

(A) for which the Secretary of Defense has issued a certification, as described in subsection (d), stating that disclosure of that record would endanger citizens of the United States, members of the United States Armed Forces, or employees of the United States Government deployed outside the United States; and

(B) that is a photograph that—

(i) was taken during the period beginning on September 11, 2001, through January 22, 2009; and

(ii) relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States.

(2) PHOTOGRAPH.—

The term ``photograph´´ encompasses all photographic images, whether originals or copies, including still photographs, negatives, digital images, films, video tapes, and motion pictures.

(d) Certification.—

(1) IN GENERAL.—

For any photograph described under subsection (c)(1), the Secretary of Defense shall issue a certification if the Secretary of Defense determines that disclosure of that photograph would endanger citizens of the United States, members of the United States Armed Forces, or employees of the United States Government deployed outside the United States.

(2) CERTIFICATION EXPIRATION.—

A certification and a renewal of a certification issued pursuant to subsection (d)(3) shall expire 3 years after the date on which the certification or renewal, is issued by the Secretary of Defense.

(3) CERTIFICATION RENEWAL.—

The Secretary of Defense may issue—

(A) a renewal of a certification at any time; and

(B) more than 1 renewal of a certification.

(4) NOTICE TO CONGRESS.—

The Secretary of Defense shall provide Congress a timely notice of the Secretary's issuance of a certification and of a renewal of a certification.

(e) Rule of Construction.—

Nothing in this section shall be construed to preclude the voluntary disclosure of a protected document.

(f) Effective Date.—

This section shall take effect on the date of enactment of this Act and apply to any protected document.

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November 30, 2009 9:32 PM   

I hear they want to throw out all the pictures from murder crime scenes because it would make the murderers look bad. I can see where their coming from.

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December 1, 2009 1:28 PM    in reply to fitley

Nice touch.

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