Obama DOJ Plans New Argument on Torture Photos

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Over objections from House liberals, President Barack Obama successfully pushed a bill through Congress earlier this month that allows the executive branch to unilaterally exempt photos of detainee abuse from disclosure under the Freedom of Information Act. The law rendered moot an appeals court decision that would have forced the administration to release the photos. It was also an attempt to preempt a Supreme Court fight over the lower court’s ruling.

But the legal wrangling isn’t over. The Supreme Court must still decide whether to take up the matter. So both sides—the Obama Justice Department and the ACLU—have to hash out what the new law means for their respective arguments about the photos. It remains to be seen whether the government will still press forward with its appeal given the changed situation. On Thursday, Solicitor General Elena Kagan told the Supreme Court in a letter [PDF] that she plans to file a new brief that takes into account the new legislation, which President Obama signed that day. 

The immediate impact of Kagan’s letter is that the Supreme Court will probably postpone its decision, originally scheduled for today, on whether to take up the case. If it does eventually take up the case, it could conceivably rule that the government was right to withhold the photos under its original argument, rejected by the appeals court, that it could withhold any information that might put anyone, anywhere in danger. That decision would blow an even bigger hole in FOIA than the detainee photo legislation already has.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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