Today, the Obama administration announced that it would back off its earlier pledge to release 44 images of “prisoner mistreatment” after the ACLU successfully sued for their release. The following is the full statement from the White House:
This is not okay. The point has been made a million times about the need for prosecution, that it's not just a vindictive streak that causes liberals to call for them, that it's an important president to set, that even Reagan himself would never have been okay with it.
Last week, the President met with his legal team and told them that he did not feel comfortable with the release of the DOD photos because he believes their release would endanger our troops, and because he believes that the national security implications of such a release have not been fully presented to the court.
At the end of that meeting, the President directed his counsel to object to the immediate release of the photos on those grounds.
Yesterday, during a meeting at the White House, the President raised the issue of these photos with General Odierno and told him of his decision to argue against this release.
Through his actions from the first days of his administration, the President has made it clear that the United States will hold itself and all the men and women who serve our country to the highest standards of conduct.
The President would be the last to excuse the actions depicted in these photos. That is why the Department of Defense investigated these cases, and why individuals have been punished through prison sentences, discharges, and a range of other punitive measures. But the President strongly believes that the release of these photos, particularly at this time, would only serve the purpose of inflaming the theaters of war, jeopardizing US forces, and making our job more difficult in places like Iraq and Afghanistan.
It seems to me that Bush and particularly Cheney understand what they got themselves into. Whenever you see Cheney defend torture (“It worked, it was necessary, we saves hundred of thousands of lives, etc, etc,”) he is not participating in a national debate. He is fighting a personal battle to avoid the consequences for his own actions. I posted in 2008 about a Bill that would have pardoned the entire Bush Administration—I wonder why. At this point, it's pretty obvious that this debate has very personal implications for Cheney and Co.
And the obvious question is, what exactly do these photos contain? The water boarding controversy has already reached every ear that posses a threat to our troops, so these photos can't just show more of what we already know. They must prove that that prisons and the CIA as well was up to worse; as Rumsfeld said in May of 2004, “If these are released to the public, obviously it's going to make matters worse.” Could these be proof of what the Telegraph claimed recently, of inmates having their genitals “sliced with a scalpel?” Far worse, do they substantiate what Seymour Hersh claimed in 2004 about young children being sodomized in front of their mothers?
We can't know for sure now, but whatever these pictures prove, they will provide ammo for possible prosecutions, or make such prosecutions unavoidable. It's clear why republicans would rush to protect their own, but the question remains: why, oh why is Obama willing to cover for their mistakes?
The stated reason is pretty ridiculous. Any enemies that our troops may have are not going to try harder to kill them because these photos exist—they are doing that already. Nor is it going to increase recruitment because the regional enemies of these groups use far harsher tactics than the US government ever has. The only real reason is to avoid a political battle in the US.
The president is backing down. Again.
Now I can understand not wanting to spend away all of your “political capital” on revenge or petty partisanship. God knows Obama will have to fight tooth and nail for every action he takes in terms of helping the economy, health care, the Iraq situation, making more rainbows, whatever it is he has on his agenda. And some of these issues might even outrank this particular one, but I think it would be a mistake to cut corners and to dismiss this as having a limited impact. It is very important that a clear break from old style politics is maintained and not just spoken about. This includes a new approach to accountability, transparency, and reverence for the rule of law. This means you don't get to pick and choose—if it's the right thing, you have to do it.
This goes beyond simple moral idealism. It's politically necessary. If your government represents change, Mr. Obama (which can only make your administration worth all support you have received) then we can never take this chance for granted. You need to be as close to perfect as possible. You have to refuse play political games, to never allow things like controversy push you away from executing the law and what is best for this country. And right now, the thing that is best for this country is a president who does the unpopular thing in the face of what is right. That is the only way this change will stick, otherwise we will end up with another Reagan/Neoconservative nutcase in 4-8 years all too willing to undo everything you've done.
This situation is partly my fault, as well as everyone else who strongly believes that prosecutions of the previous administration are a must. That is because we are failing to be a strong enough voice. If the problem is political capital, then we are that capital, and we have to provide him with as much as possible by advocating. So let's get to it.
But before you do, you might enjoy this (never thought I'd be cheering on Shep Smith):
UPDATE: 5/28/09
The Telegraph broke another story today about the context of those photo's that Obama is attempting to block
