Obama Fights Release of Detainee Photos

By JENNIFER LOVEN

,

AP

WASHINGTON (May 13) -- President Barack Obama is seeking to block the release of hundreds of photos showing prisoners in Iraq and Afghanistan being abused, reversing his position after military commanders warned that the images could stoke anti-American sentiment and endanger U.S. troops.

The pictures show mistreatment of detainees at locations beyond the infamous U.S.-run Abu Ghraib prison in Iraq.

Word of Obama's decision on Wednesday came after top military commanders in Iraq and Afghanistan expressed fears that publicizing the pictures could put their troops in danger. When the Abu Ghraib photos emerged in 2004 of grinning U.S. soldiers posing with detainees, some naked, some being held on leashes, they caused a huge anti-American backlash around the globe, particularly in the Muslim world.

Obama decided he did not feel comfortable with the photos release, and was concerned it would inflame tensions in Iraq and Afghanistan, put U.S. soldiers at higher risk and make the U.S. mission in those two wars more difficult, according to White House officials.

White House press secretary Robert Gibbs told reporters that the president was concerned that the photos' release would pose a national security threat, an argument the administration has not made yet in the courts.

"The president does not believe that the strongest case regarding the release of these photos was presented to the court and that was a case based on his concern about what the release would do to our national security," Gibbs said.

Gibbs said that the main argument previously was a privacy one.

The move represented a sharp reversal from Obama's repeated pledges for open government, and in particular from his promise to be forthcoming with information that courts have ruled should be publicly available.

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A U.S. soldier (R) takes a picture while Iraqi soldiers check ammunition and shells during a raid in Yusufiyah district, 20 km (12 miles) south of Baghdad, May 12, 2009. Weapons and explosives were found during the operation and around three gunmen were arrested, Iraqi soldiers said. REUTERS/Ahmed Malik (IRAQ CONFLICT POLITICS MILITARY)

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As such, it was sure to invite criticism from the more liberal segments of the Democratic Party that want a full accounting — and even redress — for what they see as the misdeeds of previous years under former President George W. Bush.

Federal appeals judges have ruled, in a Freedom of Information Act lawsuit filed by the American Civil Liberties Union, that the photos should be released. After those losses in federal court, the Justice Department concluded that any further appeal would probably be fruitless.

Last month, Gibbs said the president had concurred, though without commenting on whether Obama would support the release if not pressed by a court case.

Through an arrangement with the court, the Pentagon was preparing to put out, by May 28, two batches of photos, one of 21 images and another 23. The government had also told the judge it was "processing for release a substantial number of other images." The total number of photos to be released was expected to be in the hundreds.

The official emphasized that the president continues to believe that the actions depicted in the photos should not be excused and fully supports the investigations, prison sentences, discharges and other punitive measures that have resulted from them. But that is not likely to quiet Obama's critics.

Indeed, the ACLU quickly lambasted Obama's move.
"The decision to not release the photographs makes a mockery of President Obama's promise of transparency and accountability," said ACLU attorney Amrit Singh, who argued and won the case in front of the 2nd U.S. Court of Appeals in New York. "It is essential that these photographs be released so that the public can examine for itself the full scale and scope of prisoner abuse that was conducted in its name."
On Capitol Hill, the top Republican welcomed the move.
"I agree with the president that the release of these photos would serve no purpose other than to put our troops in greater danger," said Senate Minority Leader Mitch McConnell of Kentucky. "The president made the right decision and I applaud him for it."
The president last week instructed administration lawyers to challenge the release in court and to make the case that the national security implications of such a release have not been fully presented, the official said.
The president informed Gen. Ray Odierno, commander of U.S. troops in Iraq, of his decision during a White House meeting on Tuesday.
Gen. David Petraeus, the senior commander for both wars, had also weighed in against the release, as had Gen. David McKiernan, the top general in Afghanistan. Defense Secretary Robert Gates fired McKiernan on Monday for unrelated reasons.
Pentagon spokesman Geoff Morrell said military "commanders are concerned about the impact the release of these photos would have for the troops in Afghanistan and Iraq," and that Gates shares their concerns. Gates wanted the photos blocked from release or at the very least delayed, Morrell said.
Military commanders' concerns are most intense with respect to Afghanistan.
There the release would coincide with the spring thaw that usually heralds the year's toughest fighting. Morrell also noted the release as scheduled would come as thousands of new U.S. troops head into Afghanistan's volatile south.
Since the circuit appeals court both ruled against the government and denied its request for a follow-up hearing, the case could now land at the Supreme Court.
The new case is a contrast to Obama's decision last month to release documents that documents that detailed brutal interrogation techniques used by the CIA against terror suspects. Those also came out in response to an ACLU lawsuit.
A military group said it was relieved Obama would fight the photos' release, adding that soldiers' lives could otherwise be put at risk. Brian Wise, executive Director of Military Families United, said the pictures "will only serve as propaganda to our enemies who will use the images as a recruitment tool to enlist terrorists."
"The president has said that he wants to improve the image of America throughout the world," Wise said in a statement. "This is not the way to accomplish that. These photos represent isolated incidents where the offending servicemen and women have already been prosecuted. There is no good that can come from releasing these photos."
Associated Press writers Anne Gearan, Devlin Barrett, Lara Jakes and Pauline Jelinek contributed to this report.

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