Should Obama release the torture investigation photographs?
As you’ve undoubtedly read by now, Obama changed his position and instructed his justice department and to continue fighting the release of photographs obtained of investigations of detainee abuse in Iraq and Afghanistan. As is usually the case when I talk about relatively cold news, it’s taken me a few days to decide what I think about it.
On one hand, I’m generally in favor of transparency. I’m doubly in favor of transparency when the biggest argument against transparency is maintaining our national image. Specifically, I don’t want the government to do anything so secretive its unsafe for us to know it years later.
On the other hand, these pictures are the result of investigations into unsanctioned detainee abuse. While the abuse may be the result of a policy policy on detainee treatment, the incidents pictured are cases when the policies were not followed. The pictures are likely to be graphic and incredibly inflammatory. We have a couple of actual wars where we’re trying to win the support—or at least apathy—of a population. Presented out of context—as they undoubtedly would be—the photographs might suggest both that the abusers were following U.S. policy and that American soldiers and civilians supported this kind of treatment. I think it is quite accurate that releasing these pictures would lead fairly directly to an increase in anti-U.S. sentiment and the spread of misinformation about what our policies are. Just as the Abu Ghraib pictures led to all sorts of violence, these pictures could as well. I think it’s important not to sugar coat the suffering caused by our policies—but this specific set of pictures is a result of policies not being followed.
Nor is it clear that this is the sort of information we generally make public. The pictures come from essentially criminal investigations. Just as we consider it a major violation to broadcast pictures of war dead, releasing pictures of detainees subjected to degrading treatment has its own set of problems. Do we want these pictures being spread all over the internet, elliciting violent responses from some and mockery from others? Is a photograph simply too inflammatory?
With all that in mind, I want the Obama administration to do two things. Firstly, I want to know what happened. I want to know the results of the investigations. I want to know what is depicted in those pictures. I want to know if the abuse fits into a pattern. I want to know who knew about it and what was done to stop it. I want names, times, and locations. But I dont’ need the emotionally overwhelming photographs themselves. Secondly, I want the Obama administration to follow the law. Does the Freedom of Inforamtion Act require their release? If there is a solid legal argument against the release, the request can be fought in court—but after the courts, the law must be followed.
