troops in Afghanistan and Iraq.” A federal judge in New York was then advised of the switch in position. Shortly afterward, the Senate took up legislation to block the release - the Detainee Photographic Records Protection Act - by changing the language of the Freedom of Information Act. The President decided this month, however, that release of the photos “would pose an unacceptable risk of danger to U.S. Department of Defense (docket 06-3140), that the photos must be released under the Freedom of Information Act. After the Circuit Court refused in March to rehear the case en banc, the Administration decided not to take the case on to the Supreme Court, and the Circuit Court issued its mandate. The Second Circuit ruled last September, in American Civil Liberties Union, et al., v. Army photos that apparently show severe abuse of terrorist detainees in Iraq and Afghanistan. The Justice Department on Thursday asked the Second Circuit Court to put a ruling ordering release on hold because the Solicitor General has decided to appeal to the Supreme Court “absent intervening legislation.”Ī motion to recall the Circuit Court mandate, along with other court papers, can be found here. This was the latest legal maneuver by the Administration since President Obama changed his mind, from agreeing to release the photos to opposition to their disclosure. The Obama Administration has decided to go to the Supreme Court - if Congress does not act first - to stop public disclosure of an array of U.S.
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