Obama Broke His Word On Detainee Photos: Chief ACLU Lawyer

The lawyer pushing for the release of photographs showing the harsh treatment of suspected terrorist detainees said President Barack Obama was backtracking on his word and commitment to transparency by reversing course and objecting to the release of those photos.

Jameel Jaffer, a chief litigator for the American Civil Liberties Union National Security Project, described Obama's reversal as "very disappointing" during an interview with Fox News.

"It is inconsistent not only with commitments the Obama administration has made to us and to the courts but inconsistent with the promise of transparency that President Obama has repeated so many times," he said.

Jaffer, who has filed suit for the release of these photographs under concerns over civil liberty violations and possible detainee abuse, noted that the Obama White House still had a steep hill to climb in its efforts to suppress the release of the photos. Jaffer has won his case in the district court in New York as well as a three-judge appeals court. The Bush Administration, towards the end of its term, asked the full Second Circuit Appeals Court to review the matter. They refused to do so.

"At this point," Jaffer said, "the burden is on the government because there is a court order that requires them to release these photos. So they are either going to have to seek Supreme Court review or come up with some creative strategy to get yet another hearing below the lower courts."

"These photographs are critical to the historical record so it is very disappointing... that the administration is going to try and suppress them," he added.

The President announced that he would oppose the release of the detainee photos on Wednesday after what spokesman Robert Gibbs described as a long process of determining what was the best course of action. The president, he added, was concerned about the impact such photos could have on U.S. Armed Forces. A White House aide sent this explanation for the decision on condition of anonymity.

Last week, the President met with his legal team and told them that he did not feel comfortable with the release of the DOD photos because he believes their release would endanger our troops, and because he believes that the national security implications of such a release have not been fully presented to the court.

At the end of that meeting, the President directed his counsel to object to the immediate release of the photos on those grounds.

Yesterday, during a meeting at the White House, the President raised the issue of these photos with General Odierno and told him of his decision to argue against this release.

Through his actions from the first days of his administration, the President has made it clear that the United States will hold itself and all the men and women who serve our country to the highest standards of conduct.

The President would be the last to excuse the actions depicted in these photos. That is why the Department of Defense investigated these cases, and why individuals have been punished through prison sentences, discharges, and a range of other punitive measures. But the President strongly believes that the release of these photos, particularly at this time, would only serve the purpose of inflaming the theaters of war, jeopardizing US forces, and making our job more difficult in places like Iraq and Afghanistan.

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Comments

[AnnfromCA]

We don't need more pictures. We don't need to scapegoat the CIA. We don't need to ruin a lawyer's life.

We tried it. We didn't like it. We move on.

[tbone99]

thats right we just need to put on a happy face and do some pharmaceuticals.

Way too much reality.

Reality is only for those in third world countries - we're above all that.

[whiteboyblues]

Did the last set of photos get anybody on trial, besides the scapegoats in Abu Ghraib?

[Coinyer101]

we need to hold people accountable to ensure this never happens again. Including anyone who hides this and fails to do their sworn duty. They should be considered complicit.

[Titus]

I believe there's more than enough information to hold the people accountable for these actions. Just because they haven't been released publicly doesn't mean they won't be used if prosecutions occur. Personally, I don't need any more images to know this was a reprehensible set of people who authorized these terrible acts and the meme that they were just doing it to protect us doesn't hold water.

Give the president some time. I think he's being cautious and deliberate in his approach and applaud him for it. Besides, would any more pictures or information make you think any less of these people? Not me. They are the lowest of the low and especially the ones who ordered the torture to occur then hid behind some redneck kid who they sold down the river as the culprit ("bad apple").

Bush, Cheny, Rice, Rumsfeld and even Powell have no honor. At least Powell is showing some contrition about things.

I believe justice will come to these people in time.

[buddhistMonkey]

Obama is pulling some sleight of hand with this issue, and with the torture issue generally. He knows that he has little legal ability to block the release of these photos, despite his protestations. It's already been decided in the courts, so Obama's only choices are to release the photos, or appeal to the Supreme Court using the same arguments that failed in all of the lower courts.

Same with investigating the Bush Administration: Obama can say "I want to look to the future, not the past" all he wants, but it's not his decision to make. The Attorney General makes the call, and the Congress also has the independent ability to investigate. Obama is merely trying to stay above the fray, while letting justice run its karmic course.

[AnnfromCA]

It could and will be in the court system for years.

It'll be released in the future, when it's safer and useful to historians.

[hmsbeagle]

thats what politicians do ...never keep promises

[Deja Peterson]

some of you people are so air-headed. all of you criticizing the president, you don't know what the h.e.l.l. he has up his sleeve when it comes to this whole issue. he can't go on camera and tell every little detail, sorry but full transparency is an illusion. we don't know what happens when the doors are closed and camera's are off. stop letting keith olbermann and racheal maddow hype you up over this because they're just as unrealistic as some of you.

obama was a constitutional law professor, studyed law intuitively and believe me isn't in the bag for the bush administration. so shut up, and stop living on a cloud because if they were to release these probably graphic pics it would harm your safety and endanger the lives of our troops even more. last time i checked obama didn't make a campaign promise to spend his time prosecuting bush, that's the attorney general's job.

[Coinyer101]

It's the President's sworn duty to enforce the laws.

[talkitreal]

President Obama is NEVER going to put Hundreds of thousands of AMERICAN SOLDIERS in harms way for the sake of a few pictures! President Obama's grandfather was an AMERICAN soldier, President Obama who was raised by his grandfather, and spent his childhood listening to his grandfather's military stories, President Obama knows what it is like to have a family member in a warzone, so he is NEVER going to make a few pictures jeopardize the safety of the US MILITARY!
And I totally agree with President Obama!

[Coinyer101]

It's also unbecoming to claim transparency, when yer openly hiding stuff.

[Deja Peterson]

i said it once, i'll say it again common sense needs to make a comeback..­. if it'll bring more harm to our troops and the rest of us, why the h.e.l.l. would you release them? do you americans really think you can handle it? wow!

[papapj]

Huh! and you think we can't? Think back half a century to the war truials and all the information that was divulged then along with the subsequent prosecutio­ns...of course we can handle it. The thing is, can we handle our own suffering the fate we inflicted on others....­?

We SHOULD handle it. Anything else is rank hypocrisy.­...

[tbone99]

can we really continue to cover up for Bushco crimes, so that they can start again in another couple of election cycles?

[TrueThis]

If President Obama held off showing those photos for the protection of our troops then he should. I think Keith Oldermann and Rachel Maddow love to swing their big stick when it comes to Obama releasing those memos or photos. Keith didn't vote during the general election..­....so basically he has no voice, I'm surprise FoxNews didn't threw that issue down his throat while Rachel instigate so much that I have to stop watching her show for awhile.

[Deja Peterson]

thank-you.­.. people are so unrealistic sometimes.

[joemondo]

Obama is more competent, by far, than Bush. Also more humane, more ethical and more visionary.

That said, I have no regret for supporting Hillary in the primary.

Between this and his ditching of equality for gays, my suspicions are confirmed.

[papapj]

Do you REALLY think Hillary the Hawk would have done any different?

[joemondo]

I think I would have known what I was getting with Hillary.

[Shebeezies]

As Commander in Chief, Obama has the responsibility to our troops and national security. I support his judgment as he's seen the photos in question.

If more harm than good can come from exposing the crimes of the Bush administration at this time, leave it for another day.

[tbone99]

Wow EXACTLY the words Bush used when he banned pictures of returning military coffins..

Guess there's really no new excuses under the sun.

[kenergy599]

This isn't the first time he's reneged on a camapign promise, and it looks like it won't be his last.

[JaneK13]

It isn't the first time he's thrown somebody under the bus for political gain, either.

[hayduke74]

and it looks like it won't be his last.

[ralsd]

President Obama went back on his word? President Bush went back on his OATH to uphold the Constitution! President Obama has to make a very difficult decision about releasing photos, taken in our name by the bush crime family. If the muslim world blew up over a CARTOON what will they do when they see this horrific reality? These photos will do no one any good. Abu Graib photos had to be released because there was no investigation or awareness of what was happening. Now there are daily hearings and people will be held accountable. This photos would fall under the heading of illustrations and are not necessary at this time. They should be protected for 40 years then released when they can do no harm.
p.s. I am a crazy civil libertarian. there should be a way to use the photos in protected ways if needed for the defense of anyone being charged by american or military tribunals but not to the general global neighborhood.

[papapj]

The Muslim world do not NEED to see photographs to observe horrific realities. A lot of them are living it via American built bombs or the constant drone of Islamophobic propaganda emanating mainly from this country.

The American people are quite mature enough as a society to actually see what is being done in their name - to paraphrase Jack 'They CAN handle it", and to act in abeyance of the many international laws to which we are signatory to notwithstanding our own domestic laws is the slippery slope to dictatorship. A slope graded by the Bush junta and one which Barack seems quite happy to slide down......

How patronizing.

You may be content to leave such matters to the all powerful and all knowing..s­ome of us prefer the accountability we voted for.

Sheep.

[hayduke74]

Its Bush's fault O flip flopped on this, right? "I voted to release the photos before I voted against releasing them."

[AmericanWarrior]

Mr. President. You really hurt me on this one. Now you have given The Banana Republican Party a victory. A "moral" victory but a victory all the same. You should not put your legacy at risk nor endangered by the appearance, you are protecting Cheney, Bush and the Band. Why are you focused on giving the people who are tearing you down "moral" victories is getting old. You said you were going to be open. Now, let me see you make good on that promise.

[Pupster]

Instead of looking at it as a "victory" for the other side, why don't you consider that Obama made the best decision for the safety of our troops?

[lizr]

Like they are not going to figure out what happened if they dont see the pix?

Pupmeister you are not dealing w mor ons here..

[larry278]

It took 2 seconds to consider Obama's decision. Obama made a really bad decision on this Pres Obama must rescind this decision at once. Produce the photos at once. Bring the US troops home, starting now.
Pupster, spin isn't your forte. Get a glass of warm milk; drink it. Go to bed & sleep well.

[NoelGreco]

Is it possible that B.O.'s doing the right thing?

Would you rather he did the wrong thing to keep a moral victory from the people you so hate?

[NightflyLester]

As a card carrying ACLU'er and someone who's always wary of government power, I think sometimes you have to give the President the benefit of the doubt. It's pretty clear Obama isn't Bush and at this point in time Obama hasn't given me any reason the believe he doesn't have the best interest of the country in mind with this decision. That's not to say that will always be the case, that we shouldn't always error on the side of transparency and that anyone deserves a free pass.

What it does mean is when I voted last fall I selected someone that I could put some trust into making a reasoned decision. At the risk of being considered a "Sheeple" for not protesting, sometimes pragmatism is sound option.

[BarackOBunny]

You people are sick.
Wait for the movie.....­..........­....Bush tortured all of us with his use of the English language.
What the hell do you need pictures for.......­.recreatio­n or remember when?

[mama4obama]

We know the torture took place. We know that there are photos because we have seen some of them and we know that it was order by then President Bush and then Vice President Cheney. Unless the photos show Dick or George themselves holding the dog chain around the detainees neck or waterboard­ingsomeone personally, what is the value? If the release puts our soldiers in the line of a backlash of more hatred than the already have suffered I don't give a rats you know what about seeing these photos. My aunt's stepson was killed in iraq in 2007 and if it will make more Moms Gold Star Moms and the military hierarchy is against it , I will side with their opinion. Situations sometimes call for a rethinking of positions and I am re thinking my previous position on these photos as the objection of the military comes to the forefront.

[coultersnemesis]

thanks for your point of view and thanks for your familys' service. I respect your view, but why are our men and women in harms way over there in the first place and why are things being done in our name to incite hatred against us first of all? I hope Obama realizes that as long as our men and women are over there in the ME the haters and religious nuts will use that for propaganda and call us "occupiers" and call us the "oppressors" and they will incite children to even give their lives., this is sad. We need to leave for the good of our own men and women in service, for their families, and we need to leave the people in ME to govern themselves and settle their own conflicts. I am with you--no more Gold Star Moms (assume moms who have lost sons and daughters?) and top level officials and not the little guys need to be brought to justice.

[Pupster]

We do need to leave, and Obama has set a timetable. But in the duration we have brave men and women on the front lines who are trying their best with the situation they have. If Obama made this choice for their safety, I'm more than fine with it. These pictures will come out eventually; too many people know they exist. I personally don't mind if they remain secret until whatever prosecutions occur.

[coultersnemesis]

not releasing these pics and bringing the criminals to justice is just like what those close-knit religious communities (Catholics and Orthodox Jews) do to their molested children --instead of release the truth and bring the perverted priests and rabbis to justice, they cover the truth and suppress the victims for fear of shame. The poor children who have been violated never get their justice.

[Pupster]

False analogy. And you deliberately (and lamely) tried to be provocative invoking child molesters.

Our troops will become targets, not the perpetrators of the torture who are safe in their beds.

[lizr]

yup, denial is denial and it doesnt help - better to rip the lid off and have openness and transparency. we all need a reason to believe in our govt again and honesty would be a good start!

[silverslipper]

By what I've been reading, the persons who abused the prisoners were brought to justice. See the article at http://www.cnn.com/2009/POLITICS/05/12/prisoner.photos/ . It says, "More than 400 people, Whitman said, have been disciplined based on investigations involving alleged detainee abuse. The discipline ranged from prison sentences to demotions and letters of reprimand.­" . Also, President Obama in his press conference said (taken from the same article, ""The publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals," . Even when you read the article above, Jaffer (the lawyer of ACLU) states, "These photographs are critical to the HISTORICAL record so it is very disappoint­ing..." So he is even not saying they are needed to prosecute anyone.

I'm against the pictures being published, and I was against the memos being published. However, I wonder if President Obama may be thinking that the Supreme Court will rule that the pictures can be published. If so, that will take the blame from him if any soldiers are harmed directly because of these pictures being released.