The reasoning by the Court is fairly straightforward — the photos put soldiers in harm’s way:
In a brief, unsigned decision issued Monday without elaboration, the court cited a provision in a Homeland Security funding bill that President Barack Obama signed Oct. 28. The provision permitted the Pentagon to block the public release of the pictures in question, as well as others deemed to “endanger” U.S. soldiers or civilians.
“Disclosure of those photographs would pose a clear and grave risk of inciting violence and riots against American troops and coalition forces,” Solicitor General Elena Kagan had warned the Supreme Court.
Weren’t the soldiers already in harm’s way from the knowledge of the photos themselves? After all, we already know the content of the photos themselves. Brutal though they sound, will the images be that much worse than the descriptions?
The Justice Department’s brief noted that one picture shows “several soldiers posing near standing detainees who are handcuffed to bars with sandbags covering their heads while a soldier holds a broom as if sticking (its) end … into the rectum of a restrained detainee.”
Another photo shows a soldier who appears to be striking an Iraqi detainee with the butt of a rifle. There are at least 21 color photos in question, depicting U.S. soldiers in Iraq and Afghanistan.
Hey, I have a better idea. Maybe instead of just not releasing photographs of torture that we have committed, we should, I don’t know, STOP TORTURING PEOPLE. Not being an Islamic militant myself, I am guessing that the recruiting tool of knowing that America tortures people is pretty much a wash with the photos of America torturing people. Since the photos exist, and there are, in fact, quite graphic descriptions, I wonder why it would be so bad to just release them.
Part of what I admire in America is its willingness to face our misdeeds. This is an example of sweeping something under the carpet, hoping no one notices. Guess what? Everyone already noticed!
From former interrogator Matthew Alexander’s Op-Ed in the Washington Post:
I learned in Iraq that the No. 1 reason foreign fighters flocked there to fight were the abuses carried out at Abu Ghraib and Guantanamo. Our policy of torture was directly and swiftly recruiting fighters for al-Qaeda in Iraq. The large majority of suicide bombings in Iraq are still carried out by these foreigners. They are also involved in most of the attacks on U.S. and coalition forces in Iraq. It’s no exaggeration to say that at least half of our losses and casualties in that country have come at the hands of foreigners who joined the fray because of our program of detainee abuse. The number of U.S. soldiers who have died because of our torture policy will never be definitively known, but it is fair to say that it is close to the number of lives lost on Sept. 11, 2001. How anyone can say that torture keeps Americans safe is beyond me — unless you don’t count American soldiers as Americans.
Not the photographs of the abuses, but the abuses themselves!
This is like when I catch my students doing something wrong and ask them what they will do better the next time. What do they always say?
“Next time, I won’t get caught.”
Good to know that the Obama administration and the rest of the federal government is taking this sophomoric approach.