Congress Assists In Torture Photo Cover-Up, Lieberman At Center Of Controversy

Since 2003, the ACLU has been seeking torture documents through a FOIA lawsuit. In 2005, the Southern District Court of New York ordered the government to release a set of photos depicting detainee abuse, a decision that was affirmed by the Second Circuit Court of Appeals in September of 2008. After the Obama administration took office, they agreed to release the photos -- before reversing course in May, citing the potential effect on American soldiers abroad because of the photos' potential to inflame anti-American sentiment. The Supreme Court is currently deciding whether it will hear the administration's appeal.
The administration, perhaps sensing that they're not really on solid legal ground when it comes to arguing that the government should be able to hide evidence of its own wrongdoing under the rubric of national security, is getting a little cover from Congress. Yesterday, the conference summary of the current homeland security appropriations bill indicates that an amendment from Sen. Joe Lieberman that would exempt the photos from the FOIA Act has been adopted, which means that the government could legally withhold the pictures if the bill is passed. The same Sen. Lieberman, deeply concerned about the constitutionality of executive branch "czars," has inserted language into a bill allowing the government to conceal evidence of its own abuses.
Naturally, the ACLU is pretty upset. They released a statement from Jameel Jaffer, director of their National Security Project: LinkHere