The Obama administration has reversed itself and now will resist the court-ordered release of photographs that depict the abuse of detainees. They will appeal the order to the Supreme Court and argue that the release of the pictures would endanger our soldiers in the field.
It’s a tricky decision. I can certainly understand the desire not to inflame world opinion against American troops, and we have plenty of testimony that the Abu Ghraib photos provided a recruiting bonanza for insurgents in Iraq and al-Qaeda in general. In a certain sense, a picture is worth a thousand words, and that is more true than ever in our digital age where photos can be used and disseminated by anyone. I agree that the fact that there has been abuse is already well-established, and that we don’t add to that basic knowledge with the release of more pictures.
If this decision were isolated, I probably would agree with it. My concern is with the precedent it might set if the administration wins their case. We simply can’t set up a system where national security can be invoked anytime our nation engages in shameful and/or illegal behavior. Any ruling that allows for the suppression of evidence in this case could conceivably be used in the future to suppress evidence like the Abu Ghraib photos. I do not want to see any Supreme Court ruling that has that effect.
As a strictly political matter, I could see this as a shrewd move. The Obama administration will have more cover for releasing these photos if it is the Supreme Court forcing their hand. But that assumes that the administration loses their case. And, given the makeup of the Supreme Court, that is not a safe assumption.
Therefore, despite having a lot of sympathy for the tough choice involved here, I think this is a mistake by the Obama administration. I do not want to put any troops in unnecessary danger, but I also don’t want to do damage to our legal system and see the government gain more power to conceal its crimes.
