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Senate passes bill blocking release of detainee photos

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Senate voted unanimously Wednesday to approve legislation that would block the release of controversial photos allegedly depicting abuse of detainees in Iraq and Afghanistan. The legislation, which is included in a war spending bill, would exempt the disclosure of certain photographs under the Freedom of Information Act (FOIA) in cases where the secretary of defense certifies that such disclosure would endanger US personnel. Senators Joe Lieberman (I-CT) and Lindsey Graham (R-SC) praised the passage of the bill, calling it, "essential to protecting our fighting men and women." The bill must now go before the US House of Representatives. Last week, the US Court of Appeals for the Second Circuit ruled that the US government can continue to withhold photos of alleged detainee abuse while it awaits a response from the US Supreme Court. The appellate-level decision followed a recent Supreme Court order granting the government a 30-day extension to appeal a ruling mandating the release of the controversial photos, setting the new deadline to July 9. In May, US President Barack Obama decided to seek a delay of the release of the photographs in question, contrary to a previous agreement by the DOJ to release them pursuant to a court order. The original district court order resulted from a FOIA challenge brought by the American Civil Liberties Union against the Department of Defense. The US Court of Appeals for the Second Circuit affirmed the order in April.

Full post as published by JURIST - The Paper Chase on June 18, 2009 (boomark / email).