In 2006, controversial photos depicting detainee abuse in Baghdad's Abu Ghraib prison were released to the public. Now, Defense Secretary Robert Gates has barred more photos of this same nature from being released. These photos have been at the center of a lawsuit brought up by the American Civil Liberties Union, which argues that not releasing these photos goes against the Freedom of Information Act. The Obama administration (and the Bush administration before it) clearly does not want these photos made available to the American public, but the ACLU is right in that blocking these photos undermines the Freedom of Information Act. The White House's actions in regards to this issue prevent guilty parties from being held accountable, and are contradictory to President Barack Obama's initial promise of greater transparency.
Under the Freedom of Information Act, documents previously undisclosed and controlled by the U.S. Government can be requested for release to the American public under the belief that the American people have a "right to know" about these documents. According to the Supreme Court, this "right to know" is "to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed." The ACLU filed one of these requests for the release of some controversial photos that depict abuse of detainees committed by U.S. troops, and that reportedly show "soldiers pointing pistols or rifles at the heads of hooded and handcuffed detainees" and others that show prisoners in humiliating positions. The ACLU was initially successful in its request for the release of the photos; both a federal district court in New York and the New York-based 2nd U.S. Circuit Court of Appeals ruled that the photos don't fall under exemption in FOIA and must be released.
The Obama administration initially reported that the photos would be disclosed but has since done an about-face on the issue, instead urging the Supreme Court to throw out the lower courts' rulings. Additionally, in further attempts to block the release of these photos, Congress passed the Protected National Security Documents Act of 2009, which thwarts the ACLU's lawsuit and prevents the photos from being released. This move to override the lower court's ruling is alarming in that it demonstrates a lack of confidence in the court's ability to uphold provisions in FOIA and is a way for the White House to skirt the appeals court's ruling. President Obama made campaign promises of increased governmental transparency to contrast the lack thereof in the Bush administration, but he has since abandoned this promise. Instead of increased transparency and accountability, Obama is reverting back to the ways of the Bush administration, characterized by secrecy.
According to President Obama in a statement made last May, releasing the photos, "would pose an unacceptable risk of danger to U.S. troops in Afghanistan and Iraq." The Pentagon's reasoning behind not releasing the photos appears to be a noble one; National Security and the safety of our troops is a big concern of all American citizens. But the real danger in releasing the photos lies in another statement made by Obama saying that the photos would "further inflame anti-American opinion." The administration clearly fears a backlash similar to that after the release of the Abu Ghraib abuse photos characterized by allegations of torture by U.S. troops and loss of support of government intervention abroad both from the American public and also from foreign countries. However, in preventing these photos from being released, the Department of Defense is effectively preventing those guilty of committing such atrocities from being held accountable.
The ACLU argues, and rightfully so, that barring the release of these photos "damages efforts to hold accountable those responsible for abusing prisoners." The American people have the utmost respect for troops serving this country, and the troops therefore have a responsibility to uphold American standards, values, and anti-torture laws set forth by the Geneva Conventions. Troops going against the American standard of what constitutes prisoner abuse must be held responsible for their actions; allowing the American public insight into the atrocities committed by a handful of troops ensures such accountability.
President Obama and the Department of Defense are attempting to conceal these graphic photos based on the fear of inciting anger in the American people based on upsetting and embarrassing government conduct. Unfortunately for the administration, this isn't one of the exemptions in the Freedom of Information Act. Two lower courts sided with the American Civil Liberties Union and ordered the release of these photographs. The Obama administration should comply with this court order to ensure both government transparency and accountability for U.S. troops.
Claire Shotwell's column appears Fridays in The Cavalier Daily. She can be reached at c.shotwell@cavalierdaily.com.
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