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Last week, Obama announced the formation of a task force to review government classification policies, proposing the creation of a National Declassification Center to facilitate public disclosure of once-secret information.
The president reaffirmed his commitment "to operating with an unprecedented level of openness."
But the next day, Department of Justice (DOJ) lawyers filed notice of the government’s intention to challenge in the Supreme Court a New York federal appeals court ruling ordering the administration to make public the photographs allegedly depicting the abuse of terrorism suspects in U.S. custody.
The American Civil Liberties Union (ACLU) had filed a Freedom of Information Act (FOIA) suit to force their disclosure. A federal court judge agreed and ordered the government to release the photos.
President Obama initially indicated he would comply with the court’s order but later changed his mind, saying that release of the photos might risk the lives of U.S. armed forces personnel.
At the same time, the DOJ told the court that a formal appeal by a June 9 deadline could be unnecessary if Congress quickly passes the Detainee Photographic Records Protection Act of 2009.
That measure is supported by the White House and was passed by the Senate on May 2. It would forbid disclosure of photographs taken between Sept. 11, 2001, and Jan. 22, 2009, "relating to the treatment of individuals engaged, captured, or detained after September 11, 2001," by U.S. Armed Forces in operations outside the U.S. if "the defense secretary and the chairman of the Joint Chiefs of Staff have determined would endanger military personnel if released."
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