Obama Administration Fights To Withhold Over 2,000 Photos Of Alleged U.S. Torture and Abuse

jonathanturley Constitutional Law, Courts, Criminal law, Free Speech, Media, Politics, Society

abu-ghraibPresident Obama once pledged that his government would be the most transparent in history — a claim that is often mocked by civil libertarians and other critics who accuse him of almost Nixonian secrecy policies and inclinations. That troubling record is playing out again before U.S District Court Judge Alvin K. Hellerstein of the United States District Court for the Southern District of New York. The Administration continues to fight to withhold over 2,000 images of torture and abuse of detainees in Iraq and Afghanistan simply because it would make the United States look bad. Ironically, there is a transparent element to this case. Few Administration have been so transparently obvious in their use of classification rule to simply bar the disclosure of information that would be embarrassing to officials or the government. Usually, the Justice Department attempts to spin a tale of some other national security rationale for non-disclosure. Here, however, there is nothing even plausible to come up with. The Obama Administration simply wants to deep six the photos because people would be really angry if they saw what the government did, including photos that are believed to be far worse than those Abu Ghraib (like the one above).


Hellerstein gave the Justice Department until December 12th to come a rational explanation why each individual photograph has been withheld from the public. In 2009, Obama insisted that disclosing the photos would “further inflame anti-American opinion.” However, that rationale could be used for wholesale cover ups and information controls by the government. The government never wants bad information to come out and would prefer to say that it is protecting the public from any backlash. This includes criticism of Obama’s pledge, soon after being elected, not to allow the prosecution of officials responsible for the torture program. Whatever the backlash, it is far more dangerous to allow the government to pick and choose what “bad news” or bad images will reach the public. The photographs are also important for historians and academics in fully documenting this period of history.

Such censorship is more likely to be an effort to manage domestic public opinion than it is extreme foreign elements. If Obama can do this on detainees, the next president can use the same power in countless other areas. Obama supporters have been willfully blind to the precedent that they are creating in such positions.

The Obama Administration has set the record for censoring information under the Freedom of Information Act (FOIA). The penchant for secrecy in this Administration is creating a new level of government control over information that will likely be replicated by the next Administration. No administration wants to release negative information unless it has to do so. That latter prospect is now in the hands of Judge Hellerstein.

Source: IBT

60 thoughts on “Obama Administration Fights To Withhold Over 2,000 Photos Of Alleged U.S. Torture and Abuse”

  1. Judges and U.S. Supreme Court justices are the real weak-link in the system for not providing Judicial Review. They shoukd require a constitutional amendment instead of distorting the meaning of constitutional rights and restraints.

    Alexander Hamiltion in speaking of “Judges as Guardians of the Constitution” essentially said “constitutionality” always should supersede legal precent or tradition. For example: not all articles and amendments are clear but the 4th Amendment is one of the clearest in both it’s letter & spirit – if it was fundametally flawed it should have been amended in the 1970’s instead of being ignored and distorted by the courts.

  2. The key issue here is that in withholding these pictures for as long as he has, he has set up a situation wherein instead of being part of the past they will rise up as the present. Obama is big on cover up it appears like his pal, Rahm. It never works and it doesn’t help.

    The public has a right to know. They may not like it but they should know it. Besides the pictures it is time to take on the authors of this abuse no matter what their status and investigate them and prosecute them. I’m talking to you Dick Cheney!

  6. According to U.S. and International Law;
    All the U.S. invasions are Wars of Aggression, the same crimes the Nazis committed
    The U.S. Zionist Government has murdered, maimed & displaced millions of men, women & children
    Washington, DC = Nazi Berlin

  8. Pre-election Obomber promise: I shall have the most transparent administration in history (fingers crossed behind his back).

    “We tortured some folks.” “If you want to keep torturing prisoners, a felonious crime violating US and international law, you can keep torturing prisoners.” Obomber never permanently agreed to not torture prisoners. Of course he does not want the past revealed, because it’s exactly what the US shall do in the future.

    Interesting that US soldiers who commit mass murder, shooting innocent Iraqi non-combatant civilian children sleeping in their bed, never earn the moniker “radicals,” which western media strangely reserve exclusively for those “insane Islamic nut jobs.” Ditto soldiers who urinate on dead Muslims and light the bodies on fire (likely some while still alive). Ditto scum of the earth soldiers painting so-called “Christian” cross on bombs. Never mind that CIA-financed ISIS employ likeness of such individuals (some women even) as poster stars to recruit Muslims all over the globe to seek out and kill Westerners wherever they live (San Bernardino), as punishment for the evil we perpetuate all over the glove, strangely always directed at persons w/darker skin than ours.

    Do CO’s or higher-ranking officers ever get familiar w/prison food when these events are uncovered? No, likely swift promotions.

    You pathetic war-mongering alleged followers of Christ shall have some ‘splainin to do one day. Without the unbridled support of Zionist Christians, all foreign military excursions would end immediately.

  9. Zionist Jew District Court Judge Alvin K. Hellerstein is part of the 9/11 cover up
    Will Larry Silverstein ever be brought to justice for 9/11 insurance fraud? by Dr Kevin Barrett
    How has Larry Silverstein managed to get away with murder, in the most obvious case of insurance fraud ever? Thanks to his partner in crime, Judge Alvin Hellerstein.
    https://www.darkmoon.me/2013/will-larry-silverstein-ever-be-brought-to-justice-for-911-insurance-fraud-by-dr-kevin-barrett/

  10. My apology for piling on: the Bush admin bribed members of the scientific community (Psychiatrists/Therapists) to agree that torture was not torture, a permanent black stain on this alleged branch of “science.” Since that time, the Board associated w/this branch of science has back-tracked and decried what their members did, but AFAIK none of the so-called scientists lost their license to earn a living continuing their work in the field. I’m sure persons who allowed Bush and his crew to justify felonious torture are praised in certain quarters, the same types who praised Dr. Mengele in Nazi Germany.

  11. Americans are so very pathetically stupid and ignorant. Prior to 9-11, the Twin Towers were scheduled to received earthquake and environmental refurbish costing hundreds of millions of dollars. Shortly before 9-11, the Judaic owners multiplied their insurance coverage several times over. The 9-11 “attack” (i.e. US-orchestrated false flag even) was a net gain of hundreds of millions for the Twin Tower owners.

    Strangely, and unknown to the public, one of the members of the insurance company that paid the claim is close relative to one of the members of the 9-11 Commission, as if that was not a clear case of conflict of interest.

  14. Difficult topic (witness that the loons are out in full force, while the thinkers are staying quiet on this one).

    Bottom line – let the chips fall where they may.

    Since we are back to Nixonian tactics, we should remember the great lesson from the 70’s: “It’s not the crime, it’s the cover up”.

    We should go even further back, to Brandeis: “Sunlight is the best disinfectant”.

  15. Reading some of these responses makes me think of this joke:

    Question: What do you call a lawyer in twenty feet of water with cement shoes?

    Answer: A good start.

    If these pictures are to be released, pictures of ISIS fighters beheading and executing people — including children — should be published along side.

    You come across as a bunch of self-righteous jerks. Sorry……I was there on 9/11.

  18. “President Obama once pledged that his government would be the most transparent in history…” And people still don’t get it.

    When confronted with Obama’s policies, his supporters hate him….if they believe the policies came from someone else. Ignorance apparently knows no bounds.

    Obama Supporters Actually Hate Obama’s Policies

  19. The abuse was despicable. But nothing should be done to shame the prisoners more. This was a gross violation of the laws of war. And yes, there are laws of war, even if mostly honored in the breach.

    Let’s ask ourselves whether they wanted these pictures to come out. I think Washington psyops teams planned them not just for use at Abu Ghraib but for eventual leak. They are sickopaths adn they intended to humiliate and demoralize the opposition. Of course it rarely ever works out the way the psyop freaks think it will.

  21. Patriot; I heard an interesting bit on my local so-called progressive liberal/democrat/socialist radio station. There is a radio show hosted by someone who sounds British and I have to laugh sometimes at his ignorance, but he did say something that stuck with me and I interpreted it as…basically…..if something is accepted as truth (even if it’s a lie as we know 911 is) the general consensus among journalists is to act as if it’s true. Because if it’s been so widely accepted, it almost doesn’t matter if it’s not true. I disagree completely, but are you getting his point?

    I find it hard to believe that Donald Trump doesn’t know the truth behind 911. After all one of his biggest supporters and confidantes is Roger Stone. Here’s a link to articles he wrote. If you decide to check them out, let me know what you think as I don’t have time to get into it right now. In general I don’t respond to comments because they too often end up in worthless arguments, but will yours.

    https://www.lewrockwell.com/author/roger-stone/

  22. Issac writes, “Sometimes, if not all the time, we need to know ‘what we did.’” +1

    I’m no longer an Obama supporter although I voted for him twice on the Lesser of Two Evils theory. (Never again will that theory drive my vote.)

    That said, I fear there is more to this story on the issue of why Obama is not disclosing the photos. I appears to be intended to protect the Bush, Cheney, Rumsfeld crimes and himself (from his own huge errors in judgment which are likely used as leverage against him) while tempering the anger of the international community.

    When we talk about terrorism, however, it takes little effort to recognize the Middle Eastern countries have not invaded the US, only a few militants justifying their existence through radical religion and using the US as a scapegoat for all of their troubles. Essentially, though, all they want is the US out of the Middle East, and I don’t blame them. The US does not belong there.

    Disclose the photos, and let the chips fall where they may.

  24. Hildegard and Patriot, I think the video evidence supports much more persuasively a controlled demolition of all three buildings than it does a massive structural failure, implosion, and gravity fall because of massive amounts of jet fuel. As for WTC-7, at least, when is seeing not believing?

  25. I don’t see the subject of these photos as “what the government did;” I see it as what the individual soldiers did. I remember that most of the soldiers who were prosecuted were reservists from the Pennsylvania Army National Guard who had been activated and sent to Iraq. They seem to have been uniquely poorly trained and poorly supervised. Many were sentenced to long prison terms, although the punishment, of course, fell on the low ranking soldiers and NCOs rather than the brass. I worked with a fellow for a number of years who was also a reservist in the PA ANG. I remember him as fat, slovenly and as having been suspended twice, from a federal civilian job, for disclosing sensitive matters to other employees. At the time, I found it hard to believe that this guy was in the military, but his supervisor assured me that it was true, and that he had been a reservist for almost 20 years. So when the Abu Ghraib story broke, it did not surprise me that most of those involved were from the PA National Guard. Nobody wants a draft, and I can’t imagine today’s babied, overly sensitive young adults surviving the “micro-aggressions” of their drill sergeants in boot camp, haha, but given our nation’s seemingly never-ending military entanglements, we may need to consider a means of assuring a better educated military that represents a cross section of American class and culture. If we are only willing to send our poorest, least educated kids from the coal mining towns of western PA, and then imprison them for 10 – 15 years when something goes wrong, perhaps we should evaluate whether the military involvement is really something that our nation, as a whole, has a sufficient interest in pursuing.

  26. Paul writes, “Joseph Jones – your first mistake is thinking psychology or psychiatry are actually science.”

    What is your definition of science?

    Certainly psychology is a social science and psychologists study the mind throughout their undergraduate and post-graduate education. Categorizing mental disorders is as much a science as categorizing the animal or plant kingdoms.

    And psychiatrists, physicians by training, who are clearly natural scientists (those whose objective is to find the natural order of things) and who combine psychology with their medical regimen, are scientists.

    Did you ever study science, Paul?

  27. I believe all 3 towers collapsed due to controlled demolition.
    1.) “The leading scientist of Scholars For 9/11 Truth, Dr Steven Jones, has proven that controlled demolition devices were placed within the WTC Twin Towers – and this is what brought the buildings down not the airplanes.”
    2.) “Shortly before the building collapsed, several NYPD officers and Con-Edison workers told me that Larry Silverstein, the property developer of One World Financial Center was on the phone with his insurance carrier to see if they would authorize the controlled demolition of the building � since its foundation was already unstable and expected to fall.”
    3.) “According to Fox News journalist Jeffrey Scott Shapiro, Silverstein tried on the afternoon of 9/11 to get approval to demolish WTC 7.”
    The evidence shows Larry Silverstein knew WTC 7 was rigged for controlled demolition. I believe he knew all 3 towers were rigged for controlled demolition.

  28. RSA: About twenty-five of my ex-co-workers worked in the 9-11 Twin Towers rubble for a couple weeks, and some now suffer major illness from rescue/recovery operations.

    Paul C. Schultie: I generally agree the term science is wrong for that field; more like non-science Per certified “Therapists” at their recent annual assembly, there is no “scientific” evidence that therapy does anything positive. The alleged “science” of therapy measures its efficacy by simply polling patients (“Do you ‘feel’ better?). Also, there are dozens (I think over 50, likely more than 100) different accepted approaches to therapy, some directly contradicting each other. The entire therapist/patient relationship is a strange and weird one, in which the patient pays money for the therapist to act like a caring friend, listening and nodding his/her head, etc. The relationship is one-sided, the exact opposite of normal life, wherein persons practice a give and take friendship. In fact, the therapist is generally barred from revealing his personal life to the patient.

    Lastly, a recent scientific research paper revealed a direct cause and effect relationship between meditation and depression. Upon request I’ll see if I can dig up the reference.

  29. I get a kick out of the following: when Bush was President, 24/7 all you heard from Democrats and MSM is how evil and awful and traitorous (even from that scum bag “Senator” Obomber) was Bush and his admin (all true, Bush belongs in prison or worse, but that’s not the point). The point is that when Obomber does the same and infinitely worse, not a peep from the same people, it’s all full steam ahead, including confidential Presidential Kill Lists of Americans like the two Obomber killed without trial or any charges, Anwar Al-Awlaki and his 16 year old son by the same name. How Satanic is President Obomber, who said “oops” after wrongly killing the child. Even G. Bush never did this (that we know of).

    And this too: When Democrats obstruct, it’s just democracy. When Republicans obstruct, per MSM and Dems the Repubs are dead beat do-nothings. (PS: Please immediately ban both parties from national office.)

  30. stevegroen – it is an art, not a science. Homosexuals are perverts. Homosexuals are normal. Which is it? They have said both. They have more methods of treatment than traditional Chinese medicine.

  31. TinEar – if they bring back the draft I want it to be for both men and women and I want the boot camp run by R. Lee Emry from Full Metal Jacket.

  34. A lot of banter here.
    It has even pulled out the anti-semites and truthers into the JT pool of opinions.

    That all notwithstanding, it is self-serving to come up with any conclusion other than full disclosure of the atrocities that the US military did.
    Like some here said, let the chips fall as they may, sunlight is the best disinfectant.

  36. I have to agree with Obama on this one–putting all this awful cruelty out there is like publishing violence porn. No reason why we can’t fess up, punish the guilty–including those who would hide atop the chain of command–and get on with it.

  38. RB,

    “Alexander Hamiltion in speaking of “Judges as Guardians of the Constitution” essentially said “constitutionality” always should supersede legal precent or tradition.”

    What James Madison said was that he tied up all the loose ends by CLARIFYING NOT MODIFYING the Constitution with ten definitive and concluding amendments called the Bill of Rights. He expected that, like the Ten Commandments, the Preamble, Constitution and Bill of Rights would stand in perpetuity, with possible, minimal clarification not modification amendment.

    That he, Madison, considered further amendment destructive to the very Constitution itself.

    They never cease to amaze me, the “patriotic” Americans who can’t comprehend that the Preamble was written to be read and heeded – it was placed where it could not be missed, directly in front of the history-changing Constitution of the United States of America. They never cease to amaze that the Constitution was to be read and heeded without modification, and rarely CLARIFICATION, BY AMENDMENT.

    The “patriots” just can’t comprehend “shall make no law” and “shall not be infringed” or that freedom of any and all thought existed before government was established – that thought was not dictated by Karl Marx.

    James Madison and Alexander Hamilton would see clearly that the enslaving principles of the Communist Manifesto, not freedom and the Preamble, Constitution and Bill of Rights, have been imposed in their free United States of America. That the artificial, compulsory dominion of the minority, somehow commands the natural and rational rule of the majority.

    Hamilton and Madison would not be pleased at all.

  39. The MSM that were pom pom cheerleaders in getting this felonious prez elected are even more negligent in holding him accountable. Don’t worry JT, if a Republican prez doesn’t cross their t’s or dot their i’s it will be 24/7 coverage.

  40. The Bush Administration violated Reagan’s treaty banning torture and cruel & unusual punishment. If there are any bad consequences – these guys created it, not the Press.

  42. Well lets hope that Obama doesn’t follow Bush’s lead and imprison OUR TROOPS for HIS policies!!

    They BOTH should be in prison….!!

  44. Patriot: I watched all 3 videos on the veterans today link. Very eye opening . It’s my belief that the U.S., Saudi Arabia, Qatar, Israel, Canada, Turkey, Italy, and France are all controlled by the same crime syndicate. Some call it the Khazarian mafia. Of course there’s no honor among thieves as the saying goes. Israel can’t be blamed for 911 without also blaming the U.S. They have exactly the same NWO agenda, the same controllers, the same puppet masters. This information is way too much for most people on this blog to comprehend. If they don’t already get it, they’re not going to make any effort to enlighten themselves. Instead you’ll get the tin hat treatment, not that you should care.

    http://www.veteranstoday.com/2015/03/08/the-hidden-history-of-the-incredibly-evil-khazarian-mafia/

  45. Obama paid $5 mill to keep his personal records sealed so I’m sure he’ll have no problem protecting us from the 2000 photographs as well. You know he only has our best interests at heart.

  46. 70% of Americans did NOT want Obamacare so they went behind closed doors and forced it through. Do you really expect anything other than Fascist behavior from this administration?

  48. The #1 priority of most (not all) politicians is to destroy America’s constitutional “rule of law” – that’s why they pit Americans against one another to divide us. This distracts attention away from this #1 priority that most politicians from both parties support.

    Madison and the Framers designed a constitutional “rule of law” system instead of a “faction v. faction” model used by despots for thousands of years throughout world history. They didn’t want a Bolshevick model of government where the current political party in power rewards or punishes citizens based on their political affiliation, then when the opposing party gains power those rewarded then get punished since their party is out of power.

    That’s why both parties allow warrantless spying, sending people to Gitmo without charge, torture, trial or even guilty verdict, blacklisting and assassination programs. Since Obama didn’t correct Bush’s crimes against humanity, the next Republican leader will likely dish out punishment to Democrats. Democrats can’t complain a bit when that happens since they have been silent for nearly 8 years. Obama could save the constitutional “rule of law” but he also supports a “faction v. faction” model similar to the Bolshevicks.

  53. Back to the article
    …this was iraq….not isis not al qeda but iraq insurgents within a state fighting for their state govt of iraq. Sadams troops. As such pows pictures can’t be made public. Part of some geneva deal. Now we could make them public….therby admissions….for some type of modern hague. Not saying that shouldnt happen. But i would note that a modern hague was kinda superceded by the Icc on the same topics of war crimes and crimes against humanity. Now we arent a signatory to the icc….but if we were we’d have first shot at prosecuting our own. Which we have to trust was done here? To which it is obe….all the pix will do is inflame our current enemy. One pix is a thousand words. 2000 like the one above will demoralize americans themselves. While inflaming jihad. If we want transperancy and accountibility lets request a specific commission to go thru the pix and ensure all the perps were tried. What good does it do for us all to see them all? No good comes of it. Certainly the ppl in congress have seen them….so what if we all see them we call congress? to do what exactly? Make us feel better with a resolution we condenm what we already condemn done on our name? Someday if iraq ever gets a grip they canmount a case. No need to give a silver platter that will only inflame swords.

  55. I would think that the men who reported the beatings and testified against the Rabbi are now shunned by the Orthodox community.

  58. 12/30/15
    I’ve been unable to find a ruling from Judge Hellerstein. He gave the Obama administration until Dec.12 to release the torture photos. Anybody out there know the current status of this court order?

  60. Jan. 6, 2016:

    I’m still unable to find the current status of Judge Hellerstein’s torture photo release order. Left as a comment to Prof. Turley’s post all I got was a silly quip. Have the photos been released? Has the judge found the administration in contempt? Has the administration found a way delay?

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