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Today's Qs for O's WH - 5/13/2009
May 13, 2009 3:27 PM
A rambunctious press briefing today, with many questions about President Obama's change of mind regarding the release of photos detailing alleged detainee abuse. Also: lots of interruptions by reporters apparently unfamiliar with the "vibrate" function on their cell phones. What follows is some of the exchange, with cell phone silliness edited out.
GIBBS (answering previous question): The president doesn't believe the release of a photo surrounding that investigation does the anything to illuminate the existence of that investigation, only to provide some portion of sensationality.
TAPPER: Robert, is that really his role to decide whether or not it illuminates? That's not the president of the United States' role to decide, well, this is information will illuminate for the people, and this information isn't...
GIBBS: No, the -- the -- the role of the president in this situation is as commander-in-chief. And if he determines that, through the release of these photos, that they pose a threat to those that serve to protect our freedom in Iraq and Afghanistan through the illumination of whatever, he can make a determination to ask his legal team to go back to court and make a legal argument that he doesn't believe was made and provides the most salient case and most important points for not releasing these photos. Those determinations are, indeed, made by this president and -- and -- and are being made...
TAPPER: The Bush administration has obviously made the argument that releasing these specific photographs will endanger troops, and they did so in the way that you described, with -- with seeking the FOIA exemption for law enforcement personnel.
GIBBS: Right.
TAPPER: The second circuit court ruled against that, saying that -- that it's not meant -- that exemption is not intended, quote, "as all-purpose damper on global controversy." What is this new argument that the president wants his team to present?...
GIBBS: The president believes that the specific case surrounding the damage that would be done to our troops and our national security has not fully been developed and put in front of the court to make. That's the -- the case that the legal team will now make. The Department of Justice will seek to look for different avenues, as I said earlier, likely seek a stay...
TAPPER: With the Supreme Court?
GIBBS: Well, you can seek a stay with an additional judge. Then the June 8 deadline also is for -- for an appeal to the Supreme Court...
TAPPER: The specific avenue that your -- that your legal team's going to go, you're not sure if it's going to be going back to the district court or...
GIBBS: I don't know the -- I'll check with -- put that -- we'll check with -- with those guys specifically. I think, in some ways, they're looking at whether it is to go to a lower court or to go to the Supreme Court.
TAPPER: And then just to follow up on the new argument, so are there specific -- is there specific case law arguments that the president knows that exist that were not used? Because it's -- I find it hard to believe that the Bush administration didn't turn under every rock to try to find an argument to do this.
GIBBS: Well, the president doesn't believe that was the case. And the president, after reviewing the case, believes that -- that we have a compelling argument.
TAPPER: Could you let us know what those new arguments are?
GIBBS: Yes.
TAPPER: Thank you.
- jpt
May 13, 2009 in Today's Qs for Obama's WH | Permalink | Share | User Comments (43)
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Foggy
re; Ms Cal & 'the gay'
maybe if she hadn't blamed Satan, while hangin' out with James Dobson's crowd, her statements would carry more cred.
Posted by: Mr. Tony | May 14, 2009 12:59:45 PM
Very interesting question, DrJohn. I don't know the answer off the top of my head. I hope we'll see some discussion of it in the coming weeks.
Posted by: Fascist Hyena | May 14, 2009 10:07:17 AM
I'll tell you what.. that Constitution must be the most abused document in the D.C. archives (glad that so many peeps go over there to assure it's still there).. both parties are quick to pull it out.. if a passage in it can be easily used to beat someone over the head with it.. otherwise, it just an old piece of paper (a popular piece).
Posted by: DontGet818OnMeNow | May 14, 2009 8:57:59 AM
What is the Constitutional basis for Obama to be cutting Chrysler's ad budget?
Posted by: drjohn | May 14, 2009 12:25:30 AM
"I don't think he honestly buys that releasing these photos will put our troops in greater jeopardy - indeed, that argument is akin to the silly claim that Al Quaida attacked us because of our support of the House of Saud or something."
First: So he's being dishonest in his unequivocal statement?
==================================
Wouldn't be the first time would it but it doesn't matter as far as the cult of personality goes.
Consider the gay marriage position shared by Miss Cal and POTUS. She gets ripped for it. He continues to get a pass. Why? One theory is that they think he is actually pro-gay marriage but has to lie about it for political reasons and they are perfectly ok with that.
Posted by: Foghorn Leghorn | May 13, 2009 10:05:10 PM
"I don't think he honestly buys that releasing these photos will put our troops in greater jeopardy - indeed, that argument is akin to the silly claim that Al Quaida attacked us because of our support of the House of Saud or something."
First: So he's being dishonest in his unequivocal statement?
Second: Wasn't it accepted as indisputable fact that news of Abu Ghraib was Al Qaeda's number one recruiting tool? If in fact that is true, is it possible for any sentient being to contend that these photos will not serve the same purpose many times over?
Third: Why on earth is the argument that the release would further endanger our troops in any way "akin to" the argument concerning the House of Saud? The claim that these two arguments are even remotely comparable seems astonishingly far-fetched. Far-fetched to the point of incoherence.
Posted by: Fascist Hyena | May 13, 2009 9:31:03 PM
What does Gibbs have on the blessed one to keep this job? I have never heard such an inept spokesperson in my life!
Posted by: CG | May 13, 2009 9:29:27 PM
He originally intended to release the photos. Over 40 of them. Yet he will releae only one of the hundreds of photos that must have been taken of the NY Flyover. Why is that? For a photo op that cost $300,000, we deserve to see every photo, and there can be no logical reason for them not to be released.
Posted by: Caroline Miniscule | May 13, 2009 9:07:01 PM
"I don't think he honestly buys that releasing these photos will put our troops in greater jeopardy ..."
Only a naive person would believe that releasing those abuse photos would not damage the morale of our military or not put them in greater jeopardy. Obama is not that naive to believe that - he is political and measures the wind and goes with it.
Posted by: Sigmonde | May 13, 2009 8:35:17 PM
So, leave it in the courts, status quo for now, and go ahead and throw the opposition a bone by accepting their argument...
What, they're going to try to kill us twice as dead if they see the photos? Worst case a few embassies in Europe get egged and front row seats for the monthly riot in France.
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Actually, the status quo was going to be to release them. This is a *reversal* of Obama's position. He could have released them and had the whole debate over with. The idea that keeping this alive in the courts is somehow the way to have the issue end is the opposite of reality.
I know you know embassies don't get egged when the jihadists have a new piece of propaganda to use.
You know real riots ensue, and real people die.
Posted by: MayBee | May 13, 2009 8:25:53 PM
MayBee:"do you completely dismiss Obama's contention that he is concerned about the well being of our troops if the photos are released?
You think he'd rather release the photos now, but because he is so busy he instead will tell his justice department to continue fighting the ACLU?"
That's not exactly it, but pretty close. I don't think he honestly buys that releasing these photos will put our troops in greater jeopardy - indeed, that argument is akin to the silly claim that Al Quaida attacked us because of our support of the House of Saud or something. What, they're going to try to kill us twice as dead if they see the photos? Worst case a few embassies in Europe get egged and front row seats for the monthly riot in France.
This was becoming a distraction, taking time that the public and politicians should be spending beating on the budget and real issues with real implications. Now, overnight, it's not. And he didn't sacrafice any significant portion of his agenda by ceding this battle.
So, leave it in the courts, status quo for now, and go ahead and throw the opposition a bone by accepting their argument. Obama doesn't have to single handedly solve all the problems, let the court keep chewing this one over and score a point for being willing to change course. Just like he had the National Mall renovation removed from the stimulus and the birth control money - if a truly minor issue is being blown out of proportion, it doesn't hurt to drop it.
Posted by: jhw539 | May 13, 2009 8:05:21 PM
I detest the abuses shown in these photos. However, we need to weigh the potential increase in danger to U.S. troops in Iraq and Afghanistan against the public's right to information. A pentagon study after the release of the first Abu Ghraib photos suggested the increased number of U.S. servicemen deaths might exceed the number of lives lost on 9/11. I'm willing to delay seeing these photos for a reasonable time if it protects American soldiers
Posted by: B. Bear | May 13, 2009 7:42:44 PM
"They want them released because they believe the number of them will (ahem) prove this abuse was due to policy coming from the very top."
Of course. And they know full well that the photos would prove no such thing. They also know, like trial lawyers everywhere, that the inflammatory and prejudicial effects of the photos would preclude rational discussion of the issue.
There is a well-known rule of evidence that material is not admissible if its prejudicial effect would outweigh its probative value. That's plainly the case here, but the ACLU knows we're not dealing with any rules of evidence, and they want them not for a court of law but to inflame public opinion.
Posted by: Fascist Hyena | May 13, 2009 7:07:00 PM
The FOIA exemption I'm talking about is the one concerning information
"specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy." Title 5 U.S. Cose Section 552.
It hasn't been applied here yet, but it could be applied in very short order.
Posted by: Fascist Hyena | May 13, 2009 7:02:13 PM
The photos sought by the ACLU depict unlawful actions taken by soldiers--not trained CIA interrogators--who have been tried and punished for what they did. No one that I know of contends that the soldiers' acts were lawful.
=============
Yes. What the ACLU wants are akin to crime scene photos. They were taken to document abuse for Pentagon investigations and prosecutions.
They want them released because they believe the number of them will (ahem) prove this abuse was due to policy coming from the very top. They want Rumsfeld, Cheney, and Bush prosecuted for prisoner abuse. Prosecuting the people who actually did the abuse in the photos is not enough for the ACLU.
Posted by: MayBee | May 13, 2009 6:57:57 PM
I think it is important to keep in mind that the materials Cheney is talking about and the photos at issue here are entirely unrelated.
Cheney is talking about memoranda regarding the DoJ and the CIA; specifically, the legal opinions stating what is and is not lawful (those have been disclosed) and memoranda describing the results of the use of various techniques by the CIA on a limited number of high-value terrorist suspects.
The photos sought by the ACLU depict unlawful actions taken by soldiers--not trained CIA interrogators--who have been tried and punished for what they did. No one that I know of contends that the soldiers' acts were lawful.
The president needs to wake up on this matter and get rid of it.
Posted by: Fascist Hyena | May 13, 2009 6:46:36 PM
He has available to him an option that, so far as I am aware, has not been discussed.
The 2nd Circuit decision was not based upon some generalized right of the ACLU or anyone else to see these photos. It was based on a statute, the FOIA. The president and congress could, if they wanted, amend the statute overnight to exempt these particular documents.
A preferable way to proceed would be for the president to avail himself of a procedure provided for in the FOIA statute but not yet used in this dispute. He could issue an executive order, based upon his own finding, specifying that disclosure of these documents would pose a danger to national security. That would be the end of the matter.
Posted by: Fascist Hyena | May 13, 2009 6:41:51 PM
Liz Cheney and her dad are helping Obama to become a better and stronger President. Bipartisanship is back.
Posted by: Sigmonde | May 13, 2009 6:35:01 PM
Cheneys da man!
Posted by: jon | May 13, 2009 6:31:40 PM
Oh the good old days when Obama could just vote "present".
Now he actually has to make a decision.
If he could only stick to them.
Posted by: lester | May 13, 2009 6:27:06 PM
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