
THE HANDSTAND |
NOVEMBER-JANUARY2010
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word of God
what sort of mental leprosy is this?:
gaza
"I believe that Christ died for my sins and I am
redeemed through him. That is a source of strength and
sustenance on a daily basis." - Barack Obama.
Washington Post,
August 17, 2008
AFGHAN
HIDING THE EVIDENCE OF
TORTURE BY USA
Supreme Court Overturns Decision on Detainee Photos
Published: November 30, 2009
WASHINGTON The Supreme
Court on Monday vacated a lower court ruling that
would have required the government to release photographs
showing the abuse of prisoners in Iraq and Afghanistan.
The decision was three sentences long and unsigned, and
it followed the enactment of a law in October allowing
the secretary of defense to block the pictures
release. The Supreme Court sent the case back to the
lower court, the United States Court of Appeals for the
Second Circuit, in New York, for further consideration in
light of the new law.
The case was brought by the American
Civil Liberties Union under the Freedom of
Information Act, which makes disclosure of information in
the hands of the executive branch mandatory unless an
exemption applies. The Second Circuit ordered the photos
released last year, and the Justice Department initially
recommended against an appeal to the Supreme Court.But President Obama
overruled his lawyers, saying his national security
advisers had persuaded him that releasing the photos
would inflame anti-American sentiment abroad and endanger
American troops. Some of the pictures, according to a
government brief, showed soldiers pointing pistols
or rifles at the heads of hooded and handcuffed detainees,
a soldier who appears to be striking a detainee with the
butt of a rifle, and a soldier holding a broom as
if sticking its end into a prisoners rectum.
In the Second Circuit, the government relied on an
exemption to the freedom of information law that applies
to information compiled for law enforcement
purposes that could reasonably be expected to
endanger the life or physical safety of any individual.Judge
John Gleeson,
writing for a unanimous three-judge panel of the Second
Circuit last year, said the exemption required a specific
anticipated danger. The exemption may be flexible,
but it is not vacuous, Judge Gleeson wrote.
Referring to a population the size of two nations
and two international expeditionary forces combined,
he said, is insufficient. The governments reading,
the judge added, would create an alternative
secrecy mechanism far broader than the governments
classification system.The Supreme Courts
summary order in the case, Department of Defense v. A.C.L.U.,
No. 09-160, did not address whether that ruling was
correct. It merely said the new law required
reconsideration of the case.
The law applies to photographs taken from Sept. 11,
2001, to Jan. 22, 2009, showing the treatment of
individuals engaged, captured or detained after Sept. 11,
2001, by the armed forces of the United States in
operations outside of the United States, so long as
the secretary of defense certifies that disclosure
would endanger citizens of the United States,
members of the United States armed forces or employees of
the United States government deployed outside of the
United States.
Robert M.
Gates, the secretary of defense, signed the required
certification on Nov. 13.
Human rights groups and news organizations, including
The New York Times, urged the Supreme Court to refuse to
hear the case. The courts brief order indicated
that Justice Sonia
Sotomayor, who until recently was a judge on the
Second Circuit, did not participate in Mondays
decision. Judge Sotomayor was not a member of the appeals
court panel that ordered the photos released.The A.C.L.U.
issued a statement saying it would continue to fight for
disclosure of the pictures. We continue to believe
that the photos should be released, and we intend to
press that case in the lower court, said Steven R.
Shapiro, the groups legal director. No
democracy has ever been made stronger by suppressing
evidence of its own misconduct.
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