So now here's Lyle Denniston on those detainee abuse photos that Obama initially felt a need to be released, then quickly reversed and never looked back. Now he's been convinced to take this to the Supreme Court. Wow. From SCOTUS Blog:
Whether the Court actually rules on the issue, however, appears to depend upon whether the Administration is able, when Congress returns from summer break, to persuade the lawmakers to change the federal law at issue. The disclosure issue arises under the Freedom of Information Act, and proposals are now pending in Congress to undo the Second Circuit’s interpretation of the FOIA section at issue. If the legislation passes, the photos would be protected from public release, and there would be nothing left at issue legally. (There are no constitutional issues even implicit in this dispute; no one is claiming a constitutional basis for public access to the abuse photos.)
Although the case focuses on a single two-word phrase in one section of the FOIA, the dispute actually has major significance for transparency in wartime: at issue is whether the government can prevent the public disclosure of unclassified evidence of military misconduct during wartime, based on a generalized claim that release will threaten harm to U.S. military forces in the field.
Welcome to the Supreme Court Ms. Sotomayor.
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