Wednesday, October 21, 2009

Jane Mayer on the CIA use of drones Oct 21, 2009

This is a conversation with Jane Mayer in the New Yorker about the CIA using drones to kill. Unmanned flying killing machines are being improved upon in miniature also- see full article in the magazine. This means anyone anywhere can be chosen, found, and killed with no one to confirm it's the right person, the right place, or in the company of children, family, etc. Just as "extraordinary rendition" brought innocent people to torture chambers, this now kills all present.

October 21, 2009
Jane Mayer on Predator Drones and Pakistan
In this week’s issue of the magazine, Jane Mayer writes about the Central Intelligence Agency’s use of drones to kill terrorist suspects in Pakistan—a program that the Obama Adminstration is relying upon more and more. (Subscribers can access the entire article; everyone else can buy access to this issue online.) Mayer spoke about the costs of a remote-controlled war, the C.I.A.’s lack of transparency, and the Pakistan’s complicated response.

How has the use of Predator drones by the United States changed the situation in Pakistan?

Well, there’s good news and bad news. According to the C.I.A., they’ve killed more than half of the twenty most wanted Al Qaeda terrorist suspects. The bad news is that they’ve inflamed anti-American sentiment, because they’ve also killed hundreds of civilians.

And how is it different than other uses of American force?

It’s not coming from the military. It’s a covert program run by the C.I.A. People know about Predator drones, but not that there are two programs. The U.S.-military program is an extension of conventional military force. The C.I.A. runs a secret targeted-killing program, which really is an unprecedented use of lethal force in places where we are not at war, such as Pakistan. It’s a whole new frontier in the use of force.

John Radsen, a former lawyer for the C.I.A., told me that [the C.I.A.] “doesn’t have much experience with killing. Traditionally, the agency that does that is the Department of Defense.” You’ve got a civilian agency involved in targeted killing behind a black curtain, where the rules of the game are unclear, to the rest of the world and also to us. We don’t know, for instance, who is on the target list. How do you get on the list? Can you get off the list? Who makes the list? What are the criteria? Where is the battlefield? Where does the battlefield end? It originally seemed simple, because in the beginning it seemed like they would just go after Al Qaeda, but the target list has been growing, particularly in Pakistan.

How do these targeted killings not violate the U.S. ban on assassinations?

After 9/11, the Bush Administration declared that terrorism was no longer a crime; it was an extension of war. Soldiers are privileged to kill enemy combatants in a war, and America is legally allowed to defend itself. And these targeted killings became an extension of the global war on terror.

How long has there been drone activity in Pakistan? Is it new?

Toward the end of the Bush Administration, the drone program in Pakistan ramped up, but when Obama became President, he accelerated it even faster. It’s surprising, but the Obama Administration has carried out as many unmanned drone strikes in its first ten months as the Bush Administration did in its final three years. It’s the favorite weapon of choice right now against Al Qaeda, and for good reason: It’s been effective in killing a lot of people the U.S. wants to see dead.

What does Pakistan think of the drones?

Originally, the Pakistani people’s reaction to the U.S. drone strikes in their country was incredibly negative. Pakistanis rose up and complained that the program violated their sovereignty. So, to obtain Pakistani support—or at least the support of the Zardari government—the Obama Administration quietly decided last March to allow the Pakistani government to nominate some of its own targets. The U.S. has been and is involved in killing not just Al Qaeda figures, but Pakistani targets—people like Taliban leader Beitullah Mehsud who are enemies of the Pakistani state.

Are there any safeguards that prevent the U.S. from carrying out political vendettas for top Pakistani officials?

Well, the problem with this program is that it’s invisible; I would guess there must be all kinds of legal safeguards, and lawyers at the C.I.A. are discussing who we can kill and who we can’t, but none of that is available to the American people. It’s quite a contrast with the armed forces, because the use of lethal force in the military is a transparent process. There are after-action reports, and there’s a very obvious chain of command. We know where the responsibility runs, straight on up to the top of the government. This system keeps checks on abuses of power. There is no such transparency at the C.I.A.

How does the continued collateral damage from Predator drones square with General Stanley McChrystal’s order to the military to lay off the air strikes in Afghanistan and avoid civilian deaths?

Well, you could argue it either way. There is less collateral damage from a drone strike than there is from an F-16. According to intelligence officials, drones are more surgical in the way they kill—they usually use Hellfire missiles and do less damage than a fighter jet might.

At the same time, the fact that they kill civilians at all raises the same problem that McChrystal is trying to combat, which is that they incite people on the ground against the United States. When you’re trying to win a battle of hearts and minds, trying to win over civilian populations against terrorists, it can be counterproductive. That’s why [the former Petraeus adviser and counterinsurgency theorist] David Kilcullen wrote, “Every one of these dead non-combatants represents an alienated family, a new revenge feud, and more recruits for a militant movement.”

Are people in Pakistan scared to move around because of the drones?

According to some recent studies, terrorists are scampering around only at night and accusing each other of being spies and informing on one another. So it’s had the desired effect in unravelling terror cells.

If the C.I.A. doesn’t have experience killing people, who is piloting the drones?

It doesn’t take as much talent or experience or training to pilot a drone as it does to pilot a real plane. The skills are much like what you need to do well in a video game. And the C.I.A. has outsourced a lot of the drone piloting, which also raises interesting legal questions, because you not have only civilians running this program, but you may have people who are not even in the U.S. government piloting the drones.

You mention in your piece that drone pilots, who work from an office, suffer from combat stress.

Someone sitting at C.I.A. headquarters in Langley, Virginia, can view and home in on a target on the other side of the world with tremendous precision, even at night, and destroy it. Peter Singer, who wrote a book on robotic warfare, said that cubicle warriors experience the same stress as regular warriors in a real war. Detached killing still takes a tremendous emotional toll inside our borders.

Why do you think the Obama Administration chose to rely more on drones?

Basically because they can. It’s sort of the least bad option. They can’t get into the tribal areas of Pakistan where a lot of Al Qaeda suspects are thought to be hiding, but they can see them with these drones. So it’s the only way they can get at them.
But there are all kinds of unintended consequences. For one thing, these missile strikes could scatter Al Qaeda, and cells could move to other parts of Pakistan, maybe down toward Karachi, where the population is denser. There have been reports of people already starting to move there.
Also, if the United States can legally kill people from the sky in a country that we’re not at war with, other countries will argue they can do the same thing. And the people using those joysticks in Langley and the deserts of Nevada could now be considered under international law to be engaged in warfare, which means they can legally be retaliated against. It’s a new horizon.

What would the outlines of a more transparent drone program look like?

Michael Walzer, the political philosopher, has noted that when the United States goes about killing people, we usually know who they can kill and where the battlefield is. International lawyers are calling for a public revelation of who is on this list, where can we go after them, and how many people can we take out with them. They want to know the legal, ethical, and political boundaries of the program.

Sunday, October 11, 2009

A historian's account of Democrats and Bush-era war crimes

Thursday Oct. 8, 2009 13:09 EDT
A historian's account of Democrats and Bush-era war crimes
(updated below - Update II - Update III)

The American Propsect's Adam Serwer notes that <http://www.prospect.org/csnc/blogs/tapped_archive?month=10&year=2009&base_name=congress_torture_coverup> , yesterday, Sen. Joe Lieberman successfully inserted into the Homeland Security appropriations bill an amendment -- supported by the Obama White House -- to provide an exemption from the Freedom of Information Act's mandates by authorizing the Defense Secretary to suppress long-concealed photographs of detainee abuse. Two courts had ruled -- unanimously -- that the American people have the right to see these photographs under FOIA, a 40-year-old law championed by the Democrats in the LBJ era and long considered a crowning jewel in their legislative achievements <http://www.salon.com/opinion/greenwald/2009/06/10/foia/index.html> . But this Lieberman amendment, which is now likely to pass, undermines all of that and -- as EBay founder Pierre Omidyar put it today <http://twitter.com/pierre/statuses/4711868371> -- its central purpose is to "legalize suppression" of evidence of American war crimes.

What made those detainee photographs so important from the start is that they depict brutal abuse well outside of the Abu Ghraib facility and thus reveal to Americans -- and the world -- that America's torture was not, as they've been constantly told, limited to rogue sadists at Abu Ghraib and the waterboarding of three bad guys. Instead, our torture regime was systematic, pervasive, brutal, fatal, and -- because it was the by-product of conscious policies set at the highest levels of government -- common across America's "War on Terror" detention regime. These photographs would have documented those vital facts; combated the false denials from torture apologists; fueled the momentum for accountability; and revealed, in graphic and unavoidable terms, what was truly done by America's government. But a Democrat-led Congress, at the urging of a Democratic President, is now taking extraordinary steps -- including a new law which has no purpose other than to suppress evidence of America's war crimes -- to ensure that this evidence never sees the light of day.

If a historian were to write about the events of the first nine months of 2009 when it came to transparency issues as they relate to the war crimes of the Bush years, the following is what would be written. Just remember this was all done with an overwhelming Democratic majority in both houses of Congress and a Democratic President elected on a promise to usher in <http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/> "an unprecedented level of openness in Government" and <http://edition.cnn.com/2009/POLITICS/01/21/obama.business/index.html> "a new era of openness in our country." There's no blaming Republicans for any of this:


In February, the Obama DOJ went to court to block victims of rendition and torture from having a day in court <http://www.salon.com/opinion/greenwald/2009/02/09/state_secrets/index.html> , adopting in full the Bush argument that whatever was done to the victims is a "state secret" and national security would be harmed if the case proceeded. The following week, the Obama DOJ invoked the same "secrecy" argument to insist that victims of illegal warrantless eavesdropping must be barred from a day in court, and when the Obama administration lost that argument, they engaged in <http://www.salon.com/opinion/greenwald/2009/02/28/al_haramain/> a series of extraordinary <http://www.wired.com/threatlevel/2009/02/obama-invokes-s/> manuevers <http://www.wired.com/threatlevel/2009/01/obama-administr/> to avoid complying with the court's order that the case proceed, to the point where the GOP-appointed federal judge threatened the Government with sanctions for noncompliance <http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/05/22/state/n124823D29.DTL> . Two weeks later <http://www.huffingtonpost.com/2009/02/21/obama-administration-tryi_n_168843.html> , "the Obama administration, siding with former President George W. Bush, [tried] to kill a lawsuit that seeks to recover what could be millions of missing White House e-mails."

In April, the Obama DOJ, in order to demand dismissal of a lawsuit brought against Bush officials for illegal spying on Americans, not only invoked the Bush/Cheney "state secrets" theory, but also invented a brand new "sovereign immunity" claim <http://www.salon.com/opinion/greenwald/2009/04/06/obama/> to insist Bush officials are immune from consequences for illegal domestic spying. The same month -- in the case brought by torture victims -- an appeals court ruled against <http://www.salon.com/opinion/greenwald/2009/04/28/secrecy/> the Obama DOJ on its "secrecy" claims, yet the administration vowed to keep appealing <http://emptywheel.firedoglake.com/2009/06/12/obama-doj-asks-full-panel-to-review-jeppesen/> to prevent any judicial review of the interrogation program. In responses to these abuses, a handful of Democratic legislators re-introduced Bush-era legislation to restrict the President from asserting "state secrets" claims <http://www.salon.com/opinion/greenwald/2009/02/12/state_secrets/> to dismiss lawsuits, but it stalled in Congress all year. At the end of April and then again in August <http://www.salon.com/opinion/greenwald/2009/08/24/ig_report/> , the administration did respond to a FOIA lawsuit <http://www.whitehouse.gov/the_press_office/Statement-of-President-Barack-Obama-on-Release-of-OLC-Memos/> seeking the release of torture documents by releasing some of those documents, emphasizing that they had no choice in light of clear legal requirements.

In May, after the British High Court ruled that a torture victim had the right to obtain evidence in the possession of British intelligence agencies documeting the CIA's abuse of him, the Obama administration threatened <http://www.salon.com/opinion/greenwald/2009/05/12/obama/> that it would cut off intelligence-sharing with Britain if the court revealed those facts, causing the court to conceal them. Also in May, Obama announced he had changed his mind <http://www.washingtonpost.com/wp-dyn/content/article/2009/05/13/AR2009051301751.html> and would fight-- rather than comply with -- two separate, unanimous court orders compelling the disclosure of Bush-era torture photos, and weeks later, vowed he would do anything <http://www.salon.com/opinion/greenwald/2009/06/01/photos/index.html> (including issue an Executive Order or support a new FISA exemption) to prevent disclosure of those photos in the event he lost yet again, this time in the Supreme Court. In June <http://www.washingtonpost.com/wp-dyn/content/article/2009/06/08/AR2009060804117.html?hpid=topnews> , the administration "objected to the release of certain Bush-era documents that detail the videotaped interrogations of CIA detainees at secret prisons, arguing to a federal judge that doing so would endanger national security." In August, Obama Attorney General Eric Holder announced <http://www.salon.com/opinion/greenwald/2009/08/24/holder/index.html> that while some rogue torturers may be subject to prosecution, any Bush officials who relied on Bush DOJ torture memos in "good faith" will "be protected from legal jeopardy." And all year long, the Obama DOJ fought (unsuccessfully) <http://andrewsullivan.theatlantic.com/the_daily_dish/2009/10/they-tortured-a-man-they-knew-to-be-innocent.html> to keep encaged at Guantanamo a man whom Bush officials had tortured while knowing he was innocent.


That's the record which an historian, wedded as faithfully as possible to a narration of indisputable facts, would be compelled to write. And those are just disclosure and transparency issues relating to Bush-era crimes. None of that has anything to do with ongoing assertion of detention powers, habeas corpus denials, renditions, transparency issues generally <http://www.salon.com/opinion/greenwald/2009/06/17/transparency/> , the Democrats' active efforts <http://www.nytimes.com/2009/10/08/opinion/08thu1.html> just this week to prevent abuses of the Patriot Act and FISA, etc. (for those with Twitter, just read Marcy Wheeler's infuriating account <http://twitter.com/emptywheel> from the last two hours of how key Democrats in the Senate -- led by Dianne Feinstein and Pat Leahy -- just gutted virtually every effort to rein in Patriot Act and FISA abuses that were sponsored by Feingold, Durbin and even Arlen Specter: NAJIBULLAH ZAZI!!!). And now this war on transparency is all culminating with a White House-backed effort -- spearheaded by key ally Joe Lieberman -- to sweep aside two federal court rulings and to write a new exemption for FOIA that has no purpose but to prevent the world from seeing new and critical evidence of systematic American war crimes. If the stated goal of Democrats had been to use their newfound control of Government to protect and suppress Bush-era war crimes, how could they have done any better?

UPDATE: When I interviewed House Rules Committee Chairwoman Louise Slaughter back in June <http://www.salon.com/opinion/greenwald/2009/06/10/foia/index.html> , she vowed to do everything possible to stop the Lieberman/Graham/Obama photo suppression amendment, arguing that FOIA was every bit "as sacred to Democrats as Social Security and Medicare." If only that were true. Back in June, Slaughter -- with the help of an intense campaign from blogs and civil libertarians -- did succeed in blocking its enactment, but as Mother Jones' Nick Baumann reports <http://www.motherjones.com/mojo/2009/10/detainee-abuse-photos-suppression-bill> , the legislative mechanism used by Lieberman this week virtually assures its passage, even though Slaughter vows still to oppose it.

Two other related notes: (1) a journalist emails me to remind that I should add to Obama's anti-transparency crusade the White House's efforts to water down the "journalist shield law" <http://www.washingtonpost.com/wp-dyn/content/article/2009/10/01/AR2009100105038.html> to the point where it would easily enable the Government to compel disclosure of the identity of whistle-blowers in the national security context (i.e., the kind who told Dana Priest about CIA black sites and Eric Lichtblau about illegal NSA eavesdropping) -- a clear violation of Obama's campaign platform that was engineered by the White House in secret rather than out in the open <http://www.nytimes.com/2009/10/01/us/01shield.html> ; and (2) I wasn't able to watch the Patriot Act proceedings today, but -- in addition to Wheeler's linked descriptions above -- the normally rhetorically restrained Adam Serwer just wrote <http://twitter.com/AdamSerwer/status/4713711866> of the Senate Democrats' bill: "Senate passes PATRIOT Act Reauthorization. They should name it after J. Edgar Hoover."

UPDATE II: Quite related to all of this: The Nation's Chris Hayes today examines how many liberal advocacy groups <http://www.thenation.com/doc/20091026/hayes> allow themselves to be controlled by the White House and subject themselves to collective message coordinating. As Hayes notes, Jane Hamsher refers to these controlled progressive groups as the "veal pen," which she expertly described here <http://campaignsilo.firedoglake.com/2009/09/06/van-jones-a-moment-of-truth-for-liberal-institutions-in-the-veal-pen/> . There are many reasons why the reaction to things such as what I describe in today's post from progressive groups (as distinct from the very vocal civil liberties groups) has been so muted and acquiescent -- e.g., a tribal refusal to criticize one's own, a gut belief that someone as good and just as Barack Obama couldn't possibly really be continuing Bush/Cheney policies and complicitly helping to suppress their war crimes, the anger that one provokes from one's own "allies" with such criticism, etc. -- but the organized co-option process which Hayes and Hamsher document, accompanied by the fear of losing access and funding, is a very significant factor.

UPDATE III: Russ Feingold just wrote a scathing condemnation of the behavior of his Senate Democratic colleagues and, especially, the Obama administration <http://www.dailykos.com/story/2009/10/8/791144/-Its-Not-the-Prosecutors-Committee,-its-the-Judiciary-Committee> with regard to what they just did with the Patriot Act and FISA renewals, including this:


I am also very troubled that administration officials have been taking positions behind closed doors that they are not taking publicly. . . [I]f the administration wanted to further water down the already limited reforms in the bill that was on the table, they should have said so openly. Instead, at our only public hearing we were told that the Justice Department did not have positions on the crucial issues about to be discussed. Then, over the past week, in classified settings, the Department has weighed in against even some of the limited reforms that Sen. Leahy originally proposed.


The administration loves to posture in public as though they support various reforms -- to lead their wild-eyed supporters to believe they do -- only to work in secret to gut those same reforms. Feingold adds that "[a]t the beginning of the year, I had high hopes for the Patriot Act reauthorization process." Why? Just because of small facts like these:

We had just elected a President with a strong civil liberties record in the Senate. His Attorney General had supported some reforms during consideration of the last reauthorization bill in 2005. And Democrats controlled the Senate by such a large margin that our advantage on the Judiciary Committee ended up at 12-7 after Sen. Specter switched parties.


Despite all of that, Feingold ended up having to vote against the new Patriot Act bill that he spent all year leading because it was diluted to the point where very little was fixed and some things were actually made worse. When it comes to transparency and civil liberties, that's what the Democratic Congress and White House are. If the record I documented here isn't enough to see that, then take it from someone who sees them up close and personal every day <http://www.dailykos.com/story/2009/10/8/791144/-Its-Not-the-Prosecutors-Committee,-its-the-Judiciary-Committee> .

-- Glenn Greenwald

____________________________________________________________________________

Spending Bill Includes Provision to Block Release of Abuse Photos <http://www.truthout.org/1008094>
Thursday 08 October 2009

by: Jason Leopold, t r u t h o u t | Report

US Supreme Court justices are expected to meet Friday to decide whether to take up the case.
Congressional lawmakers moved a step closer Wednesday toward banning the Department of Defense from releasing photographs depicting US Soldiers abusing detainees held in prisons in Iraq and Afghanistan.

Conferees on the Senate and House Appropriations Committees released a Homeland Security spending bill summary <http://appropriations.house.gov/pdf/Homeland_Security_FY10_Conference.pdf> , which includes a provision that would allow President Obama to authorize "the Secretary of Defense to bar the release of detainee photos," essentially exempting the images from Freedom of Information Act requests.

The American Civil Liberties Union, which sued the government in 2003 to gain access to photographs and videos related to the treatment of "war on terror" prisoners in US custody, criticized committee members who supported the measure.

"Congress should not give the government the authority to hide evidence of its own misconduct, and if it does grant that authority, the Secretary of Defense should not invoke it," said Jameel Jaffer, director of the ACLU's National Security Project. "If this shameful provision passes, Secretary [of Defense Robert] Gates should take into account the importance of transparency to the democratic process, the extraordinary importance of these photos to the ongoing debate about the treatment of prisoners, and the likelihood that the suppression of these photos will ultimately be far more damaging to our national security than their disclosure would be.

"The last administration's decision to endorse torture undermined the United States' moral authority and compromised its security. The failure of the current administration to fully confront the abuses of the last administration will only compound these harms."

The US District Court for the Southern District of New York ordered the release of the photos in a June 2005 ruling that was affirmed by the Second Circuit Court of Appeals in September 2008. The Obama administration indicated earlier this year it would abide by a court order and release at least 44 of the photographs in question, but President Obama backtracked, saying he conferred with high-ranking military officials who advised him that releasing the images would stoke anti-American sentiment and would endanger the lives of US troops in Afghanistan and Iraq.

As Truthout previously reported <http://www.truthout.org/091109A> , the Obama administration petitioned the US Supreme Court to hear the case at the same time the president privately told Sens. Joe Lieberman (I-Connecticut) and Lindsey Graham (R-South Carolina) he would work with Congress to help get a measure passed aimed at blocking the photographs from being released.
That revelation was made in a footnote contained in a 33-page petition <http://www.aclu.org/pdfs/safefree/dodvaclu_certpetition.pdf> the Obama administration filed with the high-court in August.

According to the petition and other documents, the photographs at issue includes one in which a female solider pointed a broom at one detainee "as if I was sticking the end of a broom stick into [his] rectum."

Other photos are said to show US soldiers pointing guns at the heads of hooded and bound detainees in Iraq and Afghanistan. The filing also notes that the detainee abuse was investigated by the US Army's Criminal Investigation Division and "three of the six investigations led to criminal charges and in two of those cases, the accused were found guilty and punished."

Supreme Court justices are expected to meet Friday to discuss whether they intend to take up the case. Presumably, the Obama administration would withdraw its Supreme Court petition if Congress passes a final version of the bill with the language banning the photos intact.

Obama's decision to fight to conceal the photos to the Supreme Court marks an about-face on the open-government policies that he proclaimed during his first days in office.

On January 21, Obama signed an executive order <http://www.whitehouse.gov/the_press_office/Freedom_of_Information_Act/> instructing all federal agencies and departments to "adopt a presumption in favor" of Freedom of Information Act requests and promised to make the federal government more transparent.

"The Government should not keep information confidential merely because public officials might be embarrassed by disclosure, because errors and failures might be revealed, or because of speculative or abstract fears," Obama's order said. "In responding to requests under the FOIA, executive branch agencies should act promptly and in a spirit of cooperation, recognizing that such agencies are servants of the public."

Lieberman and Graham sharply criticized Obama's original decision not to fight the appeals court ruling in favor of the ACLU's FOIA lawsuit all the way to the Supreme Court. Lieberman and Graham then sponsored an amendment - the Detainee Photographic Records Protection Act of 2009 - attached to the Senate's Homeland Security appropriations bill that called for the Department of Defense to prohibit the release of abuse photographs for a period of three years.

The Senate unanimously passed the Lieberman/Graham amendment on July 9. Congressmen Mike Conaway (R-Texas) and Heath Shuler (D-North Carolina) sponsored similar legislation in the House. But House Speaker Nancy Pelosi said at the time it was a strong possibility the language barring release of the photographs would be stripped from the final version of the spending bill, which now appears unlikely.

In a statement after House and Senate conferees <http://appropriations.house.gov/pdf/FY10_Homeland_Conferees_Appointed-10.1.09.pdf> on the Appropriations Committee met Wednesday, Lieberman and Graham said they are both "looking forward" to swift passage of the legislation and urged Obama to sign the bill into law.

"I'm pleased Congress has finally acted to prevent the further release of photos showing detainee abuse," Graham said <http://lgraham.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=30e64542-802a-23ad-4b6e-175a6676dc5d&Region_id=&Issue_id=> . "I hope the courts will give deference to the Executive and Legislative branches who now speak with one voice prohibiting the photos' release. From the beginning I have said these photos do not add anything new. The release of these photos would be used by our enemies to incite violence against our soldiers and civilians serving abroad."

Last September, in upholding a lower court ruling ordering the release of the photos, the Second Circuit Court of Appeals noted that past US administrations had championed the release of photos that showed prisoners of war being abused and tortured.

Notably, after World War II, the US government publicized photos of prisoners in Japanese and German prisons and concentration camps, which the court noted, "showed emaciated prisoners, subjugated detainees, and even corpses. But the United States championed the use of the photos as a means of holding the perpetrators accountable."

Additionally, the appeals court shot down arguments like those made by Graham, saying, "It is plainly insufficient to claim that releasing documents could reasonably be expected to endanger some unspecified member of a group so vast as to encompass all United States troops, coalition forces, and civilians in Iraq and Afghanistan," the appeals court panel of judges ruled.

The appeals court further added that releasing "the photographs is likely to further the purposes of the Geneva Conventions by deterring future abuse of prisoners."