September 27, 2011
Photos and videos of Al Qaeda founder Osama bin Laden after he was killed in May in a U.S. military/Central Intelligence Agency raid in Pakistan should not be released publicly because they would reveal military and intelligence secrets and could lead to violence against U.S. personnel, the Obama administration argued in papers filed in federal court in Washington late Monday night.The new filings from the Justice Department provide scant details about the imagery, but CIA National Clandestine Service Director John Bennett wrote that the CIA has "52 unique....photographs and/or videorecordings" depicting bin Laden during or after the May operation. Bennett did not break down the tally further, but said all the imagery is classified "TOP SECRET," meaning that disclosure of the material could lead to "exceptionally grave damage" to U.S. national security.
"All of the responsive records are the product of a highly sensitive, overseas operation that was conducted under the direction of the CIA," Bennett wrote, arguing that disclosure of the information would reveal "intelligence activities and/or methods." He called the photos "gruesome," and said they depict the gunshot wound to bin Laden's head. It is unclear whether his descriptions referred to all the images and videos, or just some of them.
The motion for summary judgment and supporting declarations ask U.S. District Court Judge James Boasberg to rule for the government in a Freedom of Information Act lawsuit brought in May by Judicial Watch. The conservative watchdog group sued the Defense Department after it failed to comply with the group's request for the bin Laden imagery. The suit was broadened in June to name the CIA as a defendant.
While the Justice Department's motion is backed by declarations from high ranking officials at the Pentagon and CIA, the government lawyers make clear that their marching orders come from the top. Near its outset, the brief quotes President Barack Obama's comments on the issue during a "60 Minutes" interview in May.
"It is important for us to make sure that very graphic photos of somebody who was shot in the head are not floating around as an incitement to additional violence. As a propaganda tool. You know, that’s not who we are. You know, we don’t trot out this stuff as trophies," Obama said.
"We don’t need to spike the football."... continued at source
