Thursday, August 11, 2005

Govt censors its own rationale to withhold photos

The ACLU has released the legal documents containing a heavily censored version of the government's rationale for withholding the 2nd set of "Darby photos" depicting abuses and tortures committed at Abu Ghraib. Over 20% of the government's brief to the Federal Court deciding this issue was "redacted." It can be assumed that these parts allude to the specific content of the photos, which some sources have revealed, including rape and abuse of children. According to the ACLU:

Last week, on the deadline of a court order requiring the Defense Department to process and redact 87 photographs and four videos taken at Abu Ghraib, government attorneys filed a last-minute memorandum of law and three affidavits arguing against the release of the materials. The government's papers cite a statutory provision that permits the withholding of records "compiled for law enforcement purposes," that "could reasonably be expected to endanger the life or physical safety of any individual."

However, the government has redacted significant portions of its public brief, including the conclusion. The government also heavily redacted portions of declarations submitted in support of the brief. One of the declarations is that of General Richard Meyers, Chairman of the Joint Chiefs of Staff. ACLU attorneys have been provided with less-redacted court papers pursuant to a protective order that prevents them from disclosing the papers' contents to the public.

"Not only is the government denying the public access to records of critical significance, it is also withholding its reasons for doing so," said Amrit Singh, an ACLU staff attorney. "This exemplifies the government's disregard for democratic constraints on the use of executive power."

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