Judge Rules Some Arguments in
Abu Ghraib Prison Photo Case Must Be Divulged
editorandpublisher.com.
By LARRY NEUMEISTER, Associated Press Writer
Published: August 16, 2005 10:40 AM ET
NEW YORK (AP) A judge said he generally ruled in favor of
public disclosure when he ordered the government on Monday to
reveal some redacted parts of its argument for blocking the
release of pictures and videotapes of detainee abuse at Iraq's
Abu Ghraib prison.
U.S. District Judge Alvin K. Hellerstein made the statement in
open court after meeting in a closed session with lawyers for the
government and the American Civil Liberties Union, which is
seeking release of the pictures and tapes.
Hellerstein said his rulings pertained to arguments by Gen.
Richard B. Myers, the chairman of the joint chiefs of staff, and
Ronald Schlicher, deputy assistant secretary and coordinator for
Iraq in the Department of State's Bureau of Near Eastern
Affairs.
"By and large, I ruled in favor of public disclosure," he
said.
He gave U.S. Attorney David Kelley, who argued the case, time
to appeal the rulings.
Myers and Schlicher had submitted declarations describing why
they thought releasing the photographs would threaten national
security. Myers wrote that releasing the photographs would aid
al-Qaida recruitment, weaken the Afghan and Iraqi governments,
and incite riots against U.S. troops.
The judge has said he believes photographs "are the best
evidence the public can have of what occurred" at the prison.
The ACLU has sought the release of 87 photographs and four
videotapes taken at the prison as part of an October 2003 lawsuit
demanding information on the treatment of detainees in U.S.
custody and the transfer of prisoners to countries known to use
torture. The ACLU contends that prisoner abuse is systemic.
The judge said the case presented a clash between those
seeking to protect national security and those seeking to keep
the public informed so that there can be accountability for
public officials.
He called Myers the most important military official in the
country and said, "I need to pay careful attention to what he
says."
The judge scheduled arguments on the question of whether the
photographs and videos should be released for Aug. 30, saying a
speedy decision is important so the public's right to know isn't
compromised.
LARRY NEUMEISTER, Associated Press Writer
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