Black Robes Speak!: November 2009
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Monday, November 30, 2009

U. S. Supreme Court Deals Major Setback To The ACLU's Attempt To Have "Torture" Pictures Released. Decision Is A Wise One. Read More Below.

The U. S. Supreme Court today summarily vacated and remanded a decision by the U. S. Court of Appeals for the Second Circuit that required the Pentagon to release photos of abused detainees in Iraq and Afghanistan.

The case is Deptartment of Defense v. ACLU, 09-160. The Court asked the lower court for further consideration under Section 565 of the Department of Homeland Security Appropriations Act, 2010.

The Act gives the Secretary of Defense the ability to prevent certain protected documents from being made public. Included in the definition of protected documents are photographs "taken during the period beginning on September 11, 2001, through January 22, 2009; and relates to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States."

Defense Secretary Robert Gates, fearing that the release of the photos would endanger American lives, exercised his authority under the Act in November. The American Civil Liberties Union (ACLU) has vowed to continue to fight for the photos to be released.

Editor's commentt: if you ask me, I suspect the fight is a losing one.

I agree with Secretary Gates that release of these pictures serves no useful purpose save to expose our country to even GREATER harm from terrorism.

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