Obama May Release Torture Documents Exposing Bush Administration Lawbreaking

This week, the Obama administration will face its second significant courtroom test of the president's pledges to end unwarranted secrecy about the workings of the federal government. At stake is a set of documents that could expose intentional lawbreaking by senior Bush officials. While concealing them would seem to contradict Obama's much-heralded promise of a new era of open government, revealing them could make it virtually impossible for the new administration to refuse to investigate potential criminal conduct by the Bush administration, something the new administration has sought to avoid.

The case, American Civil Liberties Union v. Department of Justice, has been going on for five years now, with the ACLU battling the Bush administration to turn over documents sought under the federal Freedom of Information Act that would reveal crucial information about the development of policies regarding treatment of detainees in the "war on terror" and could help determine whether Bush officials broke domestic and international law.

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