Sealing the reason for the seal

First they hide the photographs and other evidence. Then they disobey a court order to release the photographs and other evidence, and file a motion to seal the file forever. Now they want to keep secret the reasons why they don't want the photographs or evidence to be released!

Gee, I wonder why (she says, tongue firmly planted in cheek).

Following the latest round of filings by the Department of Defense in conjunction with the State Department -which attempts to stipulate that all current and future photographs and tapes of detainee abuse be permanently sealed and, in addition, the reasons given for the motion be heavily redacted - the court ruled largely in favor of public disclosure.

The government's most recent motion was filed several weeks back when it missed its deadline for the release of all documents pursuant to the ACLU's Freedom of Information Act (FOIA) suit, which has forced the release of over 60 thousand documents thus far in relation to detainee abuse and torture.

The question argued yesterday is not whether the photographs and tapes are to be made public, but whether the government's arguments against making the documents public are to be made public, filed as a declaration jointly by the DOD, represented by General Richard B. Myers, the chairman of the Joint Chiefs of Staff, and the State Department, represented Ronald L. Schlicher - Deputy Asst. Secretary of the Bureau of Near Eastern Affairs at an earlier hearing.

According to court transcripts, New York District Judge Alvin K. Hellerstein, who is presiding over the case, stated during the public portion of the hearing that:

"By and large I think it is fair to characterize that I ruled in favor of public disclosure, not because I was challenging the right and responsibility of the government to assert secrecy but because the arguments that were made were essential for the public understanding of whatever rulings I eventually make," said Hellerstein.

As part of its recent motion, the DOD argues that all evidence pertaining to detainee abuse and torture should be sealed permanently, never to be publicly released and that the reasons given for the motion should be largely redacted, released to the public only in parts .

...

In a statement released last week, ACLU Executive Director Anthony D. Romero expressed his concerns over the unprecedented use of a particular clause in the FOIA law. "The government's recent actions make a mockery of the Freedom of Information Act," said Romero. "The Defense Department has long dragged its heels on coming clean about the systematic and widespread abuse of detainees, but denying the public the right to even hear its legal arguments for withholding information is a new low."
...

Congressman John Conyers (D-MI) issued a comment to Raw Story, saying that, "by attempting to keep the abuse cases secret [as well as] the legal arguments they offered, the Administration is breaking new ground in their effort to insulate themselves from public review."