National Security Watch: U.S. warns against release of Abu Ghraib photos
Gen. Richard Myers, the chairman of the Joint Chiefs of Staff, has warned that the release of new photos and videos of detainee abuse at Iraq's Abu Ghraib prison would lead to violence against U.S. armed forces worldwide and endanger the lives of Iraqi and Afghan civilians.
The general's warnings are among federal court papers unsealed recently in the ongoing legal battle over the release of photos and videos taken at the prison. The American Civil Liberties Union filed a Freedom of Information Request in October 2003 seeking the release of any photographs and videotapes of Abu Ghraib. The group then filed a lawsuit in 2004. The ACLU argues that the abuse is systemic, while the government describes it as the work of just a few rogue soldiers.
On Monday, U.S. District Judge Alvin K. Hellerstein in Manhattan ordered the government to reveal some redacted portions of the government's court papers filed in the case, including parts of Myers's statement, that were unsealed last week. The judge said that he generally rules in favor of public disclosure but added that Myers is the most important military official in the country and that he needs to pay careful attention to what Myers says.
The Bush administration has until Thursday to appeal. On August 30, Hellerstein will hold another hearing on the release of the actual photos and videos. Even if the judge orders their release, the government could appeal the ruling.
Myers, in his declaration, says that he has reviewed the photos and videos that the ACLU wants released. Even if the images were redacted to obscure identifying information, he says, the release of the videos and photos would "aid the recruitment efforts and other activities of insurgent elements, weaken the new democratic governments of Iraq and Afghanistan . . . and increase the likelihood of violence against United States interests, personnel, and citizens worldwide."
In response to Myers, the ACLU submitted a statement by retired Army Col. Michael Pheneger that called Myers's statement misleading.
"Insurgents may publicly cite photos or alleged 'provocations' to justify their actions, but that reflects propaganda, not cause and effect," says Pheneger. "The attacks will continue regardless of whether the photos and tapes are released." Pheneger, a military intelligence officer from 1963 to 1993, is an active member of the ACLU.
The government initially objected to the release of the photos and videos on the grounds that it would violate the Geneva Convention rights of the detainees depicted in the images. In response, the court ordered the government to block out any identifying characteristics from the images. While the ACLU did not object to the redactions, it noted that when detainees challenge their mistreatment in legal proceedings, the government argues that the detainees themselves cannot rely on the Geneva Conventions because, according to the Bush administration, the detainees are "enemy combatants," not prisoners of war.
The ACLU's push to release the videos and photos are part of a larger legal campaign against detainee abuse in Iraq, Guantanamo Bay, and Afghanistan. Through a court order, the group has obtained more than 60,000 pages of government documents on the treatment of detainees.
National Security Watch keeps usnews.com readers up to date on developments in the war in Iraq as well as domestic antiterrorism news.
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